Rhode Island 2023 Regular Session

Rhode Island House Bill H5313 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5313
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7	7	LC001160
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE MEDICAID REENTRY
16	16	ACT
17	17	Introduced By: Representatives McEntee, Caldwell, Craven, Dawson, Batista, Vella-
18	18	Wilkinson, Knight, Ajello, Shallcross Smith, and Potter
19	19	Date Introduced: February 01, 2023
20	20	Referred To: House Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
25	25	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 56.4 3
27	27	THE MEDICAID REENTRY ACT 4
28	28	42-56.4-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "The Medicaid Reentry Act." 6
30	30	42-56.4-2. Legislative findings and intent. 7
31	31	The general assembly finds and declares that: 8
32	32	(1) Having access to same day and next day physical and behavioral health services is 9
33	33	imperative to facilitate successful reentry for individuals released from incarceration; 10
34	34	(2) Suspending Medicaid enrollment for incarcerated individuals causes significant delays 11
35	35	in Medicaid reinstatement upon release; 12
36	36	(3) Delays in Medicaid reinstatement impedes access to physical and behavioral health 13
37	37	appointments and prescription medications upon release; and 14
38	38	(4) The intent of this chapter is to facilitate successful reentry by not suspending Medicaid 15
39	39	enrollment for individuals who are incarcerated and providing Medicaid coverage for those 16
40	40	reentering the community. 17
41	41	42-56.4-3. Definitions. 18
42	42
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45	45	As used in this chapter, the following words and terms shall have the following meanings: 1
46	46	(1) "Coverage" means and shall include, but is not limited to: 2
47	47	(i) Assessments; 3
48	48	(ii) Psychosocial counseling; 4
49	49	(iii) Medications, including long-acting injectable medications; 5
50	50	(iv) Peer support services; 6
51	51	(v) Discharge planning; and 7
52	52	(vi) Reentry services. 8
53	53	(2) "Medical assistance" means the medical assistance program provided by the Rhode 9
54	54	Island medical assistance program, as defined under chapter 8 of title 40, or medical assistance 10
55	55	provided by a managed care organization under contract with the Rhode Island medical assistance 11
56	56	program. 12
57	57	(3) "Qualified inmate" means an individual who is incarcerated within the adult 13
58	58	correctional institutions and has: 14
59	59	(i) A chronic physical or behavioral health condition; 15
60	60	(ii) A mental illness; or 16
61	61	(iii) A substance use disorder. 17
62	62	42-56.4-4. Maintenance of medical assistance enrollment for incarcerated individuals. 18
63	63	(a) During the first thirty (30) days of a person's incarceration at the department of 19
64	64	corrections, a person's incarceration status may not affect the person's enrollment in medical 20
65	65	assistance if the person is enrolled in medical assistance upon incarceration. The person's medical 21
66	66	assistance enrollment shall be maintained throughout the first thirty (30) days of the person's 22
67	67	incarceration. 23
68	68	(b) If a person is not currently enrolled in medical assistance upon incarceration, the 24
69	69	department of corrections, in consultation with the executive office of health and human services, 25
70	70	shall, upon the person's consent, determine the person's eligibility and enroll the person in medical 26
71	71	assistance upon entry within the department of corrections. Once enrolled in medical assistance, 27
72	72	the person's medical assistance enrollment shall be maintained throughout the first thirty (30) days 28
73	73	of the person's incarceration. 29
74	74	(c) After the first thirty (30) days of the person's incarceration, the person's medical 30
75	75	assistance enrollment is subject to suspension or the person's enrollment shall be maintained in 31
76	76	suspension status throughout the person's incarceration. 32
77	77	(d) Thirty (30) days prior to the individual's approximate release date from incarceration, 33
78	78	the department of corrections shall notify the executive office of health and human services of the 34
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82	82	individual's upcoming release from incarceration. Upon receipt of the notification, the executive 1
83	83	office of health and human services shall reinstate the individual's enrollment in medical assistance. 2
84	84	If the person was unenrolled in medical assistance during their incarceration, the executive office 3
85	85	of health and human services, shall, upon the person's consent, determine the person's eligibility 4
86	86	and enroll the person in medical assistance. Medical assistance identity cards shall be provided to 5
87	87	individuals prior to their release. 6
88	88	(e) Notwithstanding any provision of this section to the contrary, the executive office of 7
89	89	health and human services shall not be required to provide medical assistance benefits to persons 8
90	90	who are incarcerated prior to the person's release unless the executive office of health and human 9
91	91	services obtains final approval of a demonstration waiver under § 1115 (42 U.S.C. 1315) from the 10
92	92	Centers for Medicare and Medicaid Services. No federal funds may be expended for any purpose 11
93	93	that is not authorized by the state's agreements with the federal government. The executive office 12
94	94	of health and human services shall utilize and maximize federal funding participation when 13
95	95	available. 14
96	96	(f) The executive office of health and human services shall coordinate with the managed 15
97	97	care organizations for the purposes of reconciling any potential financial implications of 16
98	98	maintaining an incarcerated person's medical assistance enrollment. 17
99	99	(g) The executive office of health and human services shall require through amending 18
100	100	current and future medical assistance managed care contracts, that the managed care organizations 19
101	101	meet the provisions of this chapter. 20
102	102	(h) The department of corrections shall make reasonable efforts to collaborate with the 21
103	103	executive office of health and human services and managed care organizations for the purposes of 22
104	104	care coordination activities, improving health care delivery, and release planning for persons 23
105	105	incarcerated. 24
106	106	(i) The executive office of health and human services and the department of corrections 25
107	107	shall report to the governor, the house of representatives committee on finance, the senate 26
108	108	committee on finance, the house of representatives committee on health and human services, and 27
109	109	the senate committee on health and human services each year before November 30 regarding: 28
110	110	(1) The cost of the program; and 29
111	111	(2) The effectiveness of the program, including: 30
112	112	(i) Any reduction in the number of emergency room visits or hospitalizations by inmates 31
113	113	after release from a correctional facility; 32
114	114	(ii) Any reduction in the number of inmates undergoing inpatient treatment after release 33
115	115	from a correctional facility; 34
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119	119	(iii) Any reduction in overdose rates and deaths of inmates after release from a correctional 1
120	120	facility; 2
121	121	(iv) Any reduction in recidivism after release from a correctional facility; and 3
122	122	(v) Any other costs or benefits resulting from the program. 4
123	123	42-56.4-5. Medicaid waiver for coverage of qualified inmates leaving the department 5
124	124	of corrections. 6
125	125	(a) Within ninety (90) days after the effective date of this chapter, the executive office of 7
126	126	health and human services, in consultation with the department of corrections, shall apply for a 8
127	127	demonstration waiver, under § 1115 (42 U.S.C. 1315), with the Centers for Medicare and Medicaid 9
128	128	Services to offer a program to provide Medicaid benefits to a qualified inmate for up to at least 10
129	129	thirty (30) days immediately before the day on which the qualified inmate is released by the 11
130	130	department of corrections. 12
131	131	(b) If the waiver described in subsection (a) of this section is approved, the executive office 13
132	132	of health and human services shall report to the governor, the house of representatives committee 14
133	133	on finance, senate committee on finance, house of representatives committee on health and human 15
134	134	services, and senate committee on health and human services each year before November 30 while 16
135	135	the waiver is in effect regarding: 17
136	136	(1) The number of qualified inmates served under the program; 18
137	137	(2) The cost of the program; and 19
138	138	(3) The effectiveness of the program, including: 20
139	139	(i) Any reduction in the number of emergency room visits or hospitalizations by inmates 21
140	140	after release from a correctional facility; 22
141	141	(ii) Any reduction in the number of inmates undergoing inpatient treatment after release 23
142	142	from a correctional facility; 24
143	143	(iii) Any reduction in overdose rates and deaths of inmates after release from a correctional 25
144	144	facility; 26
145	145	(iv) Any reduction in recidivism after release from a correctional facility; and 27
146	146	(v) Any other costs or benefits as a result of the program. 28
147	147	SECTION 2. This act shall take effect on January 1, 2024. 29
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154	154	EXPLANATION
155	155	BY THE LEGISLATIVE COUNCIL
156	156	OF
157	157	A N A C T
158	158	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE MEDICAID REENTRY
159	159	ACT
160	160	***
161	161	This act would require that Medicaid enrollment be maintained or provided to all inmates 1
162	162	in the first thirty (30) days of incarceration at the adult correctional institutions within the 2
163	163	department of corrections and the last thirty (30) days of incarceration. It would also require that 3
164	164	the executive office of health and human services, in accordance with federal law, apply for an § 4
165	165	1115 waiver to offer a program to provide Medicaid benefits to a qualified inmate for up to at least 5
166	166	thirty (30) days immediately before the day on which the qualified inmate is released by the 6
167	167	department of corrections. 7
168	168	This act would take effect on January 1, 2024. 8
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