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5 | 5 | | 2023 -- H 5995 |
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7 | 7 | | LC002182 |
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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 Felix, Morales, Bennett, and Cruz |
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17 | 17 | | Date Introduced: March 01, 2023 |
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18 | 18 | | Referred To: House Finance |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby 1 |
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23 | 23 | | amended by adding thereto the following section: 2 |
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24 | 24 | | 40-8-33. Katie Beckett program special conditions. 3 |
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25 | 25 | | (a)(1) Children under nineteen (19) years of age who are determined to be eligible for the 4 |
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26 | 26 | | Katie Beckett provision, pursuant to §1902(e) of the Social Security Act, 42 U.S.C. 1396a(e), as 5 |
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27 | 27 | | amended by §134 of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-6 |
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28 | 28 | | 248, and 210-RICR-50-10-03, shall be reassessed for clinical eligibility on an annual basis, unless 7 |
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29 | 29 | | a licensed physician has determined that the child’s clinical and/or functional limitations are 8 |
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30 | 30 | | unlikely to change. When such a determination has been made, the office of health and human 9 |
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31 | 31 | | services shall waive the annual clinical evaluation. 10 |
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32 | 32 | | (2) Notwithstanding the provisions of subsection (a)(1) of this section, Katie Beckett 11 |
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33 | 33 | | participants shall be subject to all other eligibility requirements, pursuant to §1902(e) of the Social 12 |
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34 | 34 | | Security Act, 42 U.S.C. 1396a(e), as amended by §134 of the Tax Equity and Fiscal Responsibility 13 |
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35 | 35 | | Act of 1982 (TEFRA), Pub. L. 97-248, and 210-RICR-50-10-03. 14 |
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36 | 36 | | (b) A Katie Beckett participant, or his or her guardian, may request additional service hours 15 |
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37 | 37 | | in any week, capped at an increase of ten percent (10%) in any week, as long as the cost of the total 16 |
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38 | 38 | | service hours, inclusive of the increase, does not exceed the estimated cost of care in an institution. 17 |
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39 | 39 | | (c) For the purposes of this section, the office of health and human services is authorized 18 |
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40 | 40 | | to apply for and obtain any necessary waiver(s), waiver amendment(s), and/or state plan 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002182 - Page 2 of 3 |
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44 | 44 | | amendments from the Secretary of the United States Department of Health and Human Services, 1 |
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45 | 45 | | as appropriate. 2 |
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46 | 46 | | SECTION 2. This act shall take effect upon passage. 3 |
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47 | 47 | | ======== |
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48 | 48 | | LC002182 |
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51 | 51 | | |
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52 | 52 | | LC002182 - Page 3 of 3 |
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53 | 53 | | EXPLANATION |
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54 | 54 | | BY THE LEGISLATIVE COUNCIL |
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55 | 55 | | OF |
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56 | 56 | | A N A C T |
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57 | 57 | | RELATING TO HUMAN SE RVICES -- MEDICAL ASSISTANCE |
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58 | 58 | | *** |
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59 | 59 | | This act would establish the Katie Beckett program pursuant to federal guidelines. Katie 1 |
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60 | 60 | | Beckett is an eligibility category in Medicaid that allows children who have long-term disabilities 2 |
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61 | 61 | | or complex medical needs to become eligible for Medicaid coverage. Katie Beckett program 3 |
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62 | 62 | | eligibility enables children to be cared for at home instead of an institution. 4 |
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63 | 63 | | This act would take effect upon passage. 5 |
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65 | 65 | | LC002182 |
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