2023 -- H 5313
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LC001160
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE MEDICAID REENTRY
ACT
Introduced By: Representatives McEntee, Caldwell, Craven, Dawson, Batista, Vella-
Wilkinson, Knight, Ajello, Shallcross Smith, and Potter
Date Introduced: February 01, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
CHAPTER 56.4 3
THE MEDICAID REENTRY ACT 4
42-56.4-1. Short title. 5
This chapter shall be known and may be cited as the "The Medicaid Reentry Act." 6
42-56.4-2. Legislative findings and intent. 7
The general assembly finds and declares that: 8
(1) Having access to same day and next day physical and behavioral health services is 9
imperative to facilitate successful reentry for individuals released from incarceration; 10
(2) Suspending Medicaid enrollment for incarcerated individuals causes significant delays 11
in Medicaid reinstatement upon release; 12
(3) Delays in Medicaid reinstatement impedes access to physical and behavioral health 13
appointments and prescription medications upon release; and 14
(4) The intent of this chapter is to facilitate successful reentry by not suspending Medicaid 15
enrollment for individuals who are incarcerated and providing Medicaid coverage for those 16
reentering the community. 17
42-56.4-3. Definitions. 18
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As used in this chapter, the following words and terms shall have the following meanings: 1
(1) "Coverage" means and shall include, but is not limited to: 2
(i) Assessments; 3
(ii) Psychosocial counseling; 4
(iii) Medications, including long-acting injectable medications; 5
(iv) Peer support services; 6
(v) Discharge planning; and 7
(vi) Reentry services. 8
(2) "Medical assistance" means the medical assistance program provided by the Rhode 9
Island medical assistance program, as defined under chapter 8 of title 40, or medical assistance 10
provided by a managed care organization under contract with the Rhode Island medical assistance 11
program. 12
(3) "Qualified inmate" means an individual who is incarcerated within the adult 13
correctional institutions and has: 14
(i) A chronic physical or behavioral health condition; 15
(ii) A mental illness; or 16
(iii) A substance use disorder. 17
42-56.4-4. Maintenance of medical assistance enrollment for incarcerated individuals. 18
(a) During the first thirty (30) days of a person's incarceration at the department of 19
corrections, a person's incarceration status may not affect the person's enrollment in medical 20
assistance if the person is enrolled in medical assistance upon incarceration. The person's medical 21
assistance enrollment shall be maintained throughout the first thirty (30) days of the person's 22
incarceration. 23
(b) If a person is not currently enrolled in medical assistance upon incarceration, the 24
department of corrections, in consultation with the executive office of health and human services, 25
shall, upon the person's consent, determine the person's eligibility and enroll the person in medical 26
assistance upon entry within the department of corrections. Once enrolled in medical assistance, 27
the person's medical assistance enrollment shall be maintained throughout the first thirty (30) days 28
of the person's incarceration. 29
(c) After the first thirty (30) days of the person's incarceration, the person's medical 30
assistance enrollment is subject to suspension or the person's enrollment shall be maintained in 31
suspension status throughout the person's incarceration. 32
(d) Thirty (30) days prior to the individual's approximate release date from incarceration, 33
the department of corrections shall notify the executive office of health and human services of the 34
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individual's upcoming release from incarceration. Upon receipt of the notification, the executive 1
office of health and human services shall reinstate the individual's enrollment in medical assistance. 2
If the person was unenrolled in medical assistance during their incarceration, the executive office 3
of health and human services, shall, upon the person's consent, determine the person's eligibility 4
and enroll the person in medical assistance. Medical assistance identity cards shall be provided to 5
individuals prior to their release. 6
(e) Notwithstanding any provision of this section to the contrary, the executive office of 7
health and human services shall not be required to provide medical assistance benefits to persons 8
who are incarcerated prior to the person's release unless the executive office of health and human 9
services obtains final approval of a demonstration waiver under § 1115 (42 U.S.C. 1315) from the 10
Centers for Medicare and Medicaid Services. No federal funds may be expended for any purpose 11
that is not authorized by the state's agreements with the federal government. The executive office 12
of health and human services shall utilize and maximize federal funding participation when 13
available. 14
(f) The executive office of health and human services shall coordinate with the managed 15
care organizations for the purposes of reconciling any potential financial implications of 16
maintaining an incarcerated person's medical assistance enrollment. 17
(g) The executive office of health and human services shall require through amending 18
current and future medical assistance managed care contracts, that the managed care organizations 19
meet the provisions of this chapter. 20
(h) The department of corrections shall make reasonable efforts to collaborate with the 21
executive office of health and human services and managed care organizations for the purposes of 22
care coordination activities, improving health care delivery, and release planning for persons 23
incarcerated. 24
(i) The executive office of health and human services and the department of corrections 25
shall report to the governor, the house of representatives committee on finance, the senate 26
committee on finance, the house of representatives committee on health and human services, and 27
the senate committee on health and human services each year before November 30 regarding: 28
(1) The cost of the program; and 29
(2) The effectiveness of the program, including: 30
(i) Any reduction in the number of emergency room visits or hospitalizations by inmates 31
after release from a correctional facility; 32
(ii) Any reduction in the number of inmates undergoing inpatient treatment after release 33
from a correctional facility; 34
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(iii) Any reduction in overdose rates and deaths of inmates after release from a correctional 1
facility; 2
(iv) Any reduction in recidivism after release from a correctional facility; and 3
(v) Any other costs or benefits resulting from the program. 4
42-56.4-5. Medicaid waiver for coverage of qualified inmates leaving the department 5
of corrections. 6
(a) Within ninety (90) days after the effective date of this chapter, the executive office of 7
health and human services, in consultation with the department of corrections, shall apply for a 8
demonstration waiver, under § 1115 (42 U.S.C. 1315), with the Centers for Medicare and Medicaid 9
Services to offer a program to provide Medicaid benefits to a qualified inmate for up to at least 10
thirty (30) days immediately before the day on which the qualified inmate is released by the 11
department of corrections. 12
(b) If the waiver described in subsection (a) of this section is approved, the executive office 13
of health and human services shall report to the governor, the house of representatives committee 14
on finance, senate committee on finance, house of representatives committee on health and human 15
services, and senate committee on health and human services each year before November 30 while 16
the waiver is in effect regarding: 17
(1) The number of qualified inmates served under the program; 18
(2) The cost of the program; and 19
(3) The effectiveness of the program, including: 20
(i) Any reduction in the number of emergency room visits or hospitalizations by inmates 21
after release from a correctional facility; 22
(ii) Any reduction in the number of inmates undergoing inpatient treatment after release 23
from a correctional facility; 24
(iii) Any reduction in overdose rates and deaths of inmates after release from a correctional 25
facility; 26
(iv) Any reduction in recidivism after release from a correctional facility; and 27
(v) Any other costs or benefits as a result of the program. 28
SECTION 2. This act shall take effect on January 1, 2024. 29
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE MEDICAID REENTRY
ACT
***
This act would require that Medicaid enrollment be maintained or provided to all inmates 1
in the first thirty (30) days of incarceration at the adult correctional institutions within the 2
department of corrections and the last thirty (30) days of incarceration. It would also require that 3
the executive office of health and human services, in accordance with federal law, apply for an § 4
1115 waiver to offer a program to provide Medicaid benefits to a qualified inmate for up to at least 5
thirty (30) days immediately before the day on which the qualified inmate is released by the 6
department of corrections. 7
This act would take effect on January 1, 2024. 8
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