2023 -- S 0276
========
LC001458
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
J O I N T R E S O L U T I O N
TO AMEND THE MEDICAI D SECTION 1115 DEMONSTRATION WAIVER REQUES TS
AND RENEWALS
Introduced By: Senator Joshua Miller
Date Introduced: February 16, 2023
Referred To: Senate Health & Human Services
WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The 1
Rhode Island Medicaid Reform Act of 2008”; and 2
WHEREAS, A legislative enactment is required pursuant to Rhode Island General Laws 3
42-12.4-1, et seq.; and 4
WHEREAS, Rhode Island General Laws § 42-7.2-5(3)(i) provides that the Secretary of 5
the Executive Office of Health and Human Services is responsible for the review and 6
coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well 7
as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or 8
III changes as described in the demonstration, “with potential to affect the scope, amount, or 9
duration of publicly-funded health care services, provider payments or reimbursements, or access 10
to or the availability of benefits and services provided by Rhode Island general and public laws”; 11
now therefore be it 12
RESOLVED, That, in pursuit of a more cost-effective consumer choice system of care 13
that is fiscally sound and sustainable, the legislature approves the following proposal to amend 14
the demonstration: 15
(1) Implement a behavioral health per diem add-on for complex patients with behavioral 16
conditions who: (i) Are hospitalized, are clinically appropriate for discharge to a nursing facility, 17
and the nursing facility is Medicaid certified to provide or facilitate enhanced levels of behavioral 18
healthcare; or (ii) Reside in a nursing facility and are Medicaid recipients with medically-based 19
LC001458 - Page 2 of 3
mental health or behavioral disorders demonstrating significant behaviors as shown in a minimum 1
of thirty (30) days of clinical behavioral documentation of behavioral health conditions, and the 2
nursing facility is Medicaid certified to provide or facilitate enhanced levels of behavioral 3
healthcare; and be it further 4
RESOLVED, That the Secretary of State be and hereby is authorized and directed to 5
transmit duly certified copies of this resolution to the Governor of the State of Rhode Island, and 6
to the Rhode Island Department of Health, and to the Rhode Island Executive Office of Health 7
and Human Services. 8
========
LC001458
========
LC001458 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
J O I N T R E S O L U T I O N
TO AMEND THE MEDICAI D SECTION 1115 DEMONSTRATION WAIVER REQU ESTS
AND RENEWALS
***
This joint resolution would approve an amendment to Medicaid section 1115 1
demonstration waiver requests and renewals. 2
========
LC001458
========