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5 | 5 | | 2023 -- H 5254 |
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6 | 6 | | ======== |
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7 | 7 | | LC000538 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SE RVICES -- MEDICAL ASSISTANCE |
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16 | 16 | | Introduced By: Representatives Morales, Casimiro, Felix, Giraldo, Vella-Wilkinson, |
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17 | 17 | | Stewart, Tanzi, Sanchez, Potter, and Phillips |
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18 | 18 | | Date Introduced: January 27, 2023 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby 1 |
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24 | 24 | | amended by adding thereto the following section: 2 |
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25 | 25 | | 40-8-33. Continued eligibility for certain recipients. 3 |
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26 | 26 | | (a) The general assembly makes the following findings of fact: 4 |
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27 | 27 | | (1) The Families First Coronavirus Response Act, Pub. L. No. 116-127 (2020), mandated 5 |
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28 | 28 | | continuous Medicaid enrollment throughout the federal Covid-19 public health emergency for 6 |
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29 | 29 | | nearly all of those enrolled in Medicaid on or after the date of enactment of March 18, 2020. These 7 |
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30 | 30 | | provisions have provided for federal funds to help fund the enrollment of individuals in Medicaid 8 |
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31 | 31 | | and in the Children’s Health Insurance Program (“CHIP”). 9 |
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32 | 32 | | (2) In the event the United States Health and Human Services office gives notice of the 10 |
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33 | 33 | | lifting or expiration of the Covid-19’s public health emergency, and as a result Medicaid’s 11 |
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34 | 34 | | continuous enrollment provisions come to an end, there is a high likelihood that many enrollees in 12 |
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35 | 35 | | Medicaid and Chip shall be forced to leave the program due to the loss of eligibility. In this event, 13 |
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36 | 36 | | those persons shall need another source of coverage. 14 |
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37 | 37 | | (3) The U.S. Office of Health and Human Services has suggested that the Inflation 15 |
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38 | 38 | | Reduction Act of 2022 (Pub. L. 117-169), extends the provisions of the American Rescue Plan 16 |
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39 | 39 | | (Pub. L. 117-2) and its enhanced Marketplace premium tax credit provisions until 2025, and that 17 |
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40 | 40 | | this may provide a source of alternative coverage for those losing Medicaid eligibility because of 18 |
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41 | 41 | | the lifting or expiration of the declared Covid-19 state of emergency. 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000538 - Page 2 of 3 |
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45 | 45 | | (4) States are directly responsible for redeterminations of eligibility for Medicaid and 1 |
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46 | 46 | | CHIP. 2 |
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47 | 47 | | (b) If the public health emergency declared in response to the Covid-19 pandemic is lifted 3 |
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48 | 48 | | or declared by the United States Health and Human Services Department to expire, and such lifting 4 |
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49 | 49 | | results in a decrease in federal funds for Medicaid and CHIP and also directly results in the 5 |
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50 | 50 | | ineligibility of current recipients, the state shall not remove those individuals from Medicaid or 6 |
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51 | 51 | | CHIP who are presently eligible solely as a result of the declaration, but shall maintain Medicaid 7 |
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52 | 52 | | and CHIP eligibility for those persons through January 1, 2024. This eligibility shall be maintained 8 |
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53 | 53 | | even if the person would not meet the eligibility requirements of this chapter, including, but not 9 |
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54 | 54 | | limited to, the provisions of § 40-8-3. 10 |
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55 | 55 | | (c) The department of human services shall investigate alternative options for coverage for 11 |
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56 | 56 | | these individuals so impacted and deemed otherwise ineligible on January 1, 2024, pursuant to the 12 |
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57 | 57 | | provisions of subsection (b) of this section. 13 |
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58 | 58 | | SECTION 2. This act shall take effect upon passage. 14 |
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59 | 59 | | ======== |
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60 | 60 | | LC000538 |
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61 | 61 | | ======== |
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62 | 62 | | |
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63 | 63 | | |
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64 | 64 | | LC000538 - Page 3 of 3 |
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65 | 65 | | EXPLANATION |
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66 | 66 | | BY THE LEGISLATIVE COUNCIL |
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67 | 67 | | OF |
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68 | 68 | | A N A C T |
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69 | 69 | | RELATING TO HUMAN SE RVICES -- MEDICAL ASSISTANCE |
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70 | 70 | | *** |
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71 | 71 | | This act would extend Medicaid and CHIP assistance to certain individuals who would 1 |
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72 | 72 | | otherwise lose such coverage as a result of the federal government declaring an end to the public 2 |
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73 | 73 | | health emergency declared in response to the Covid-19 pandemic, through to January 1, 2024. 3 |
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74 | 74 | | This act would take effect upon passage. 4 |
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75 | 75 | | ======== |
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76 | 76 | | LC000538 |
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