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4 | 4 | | |
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5 | 5 | | 2025 -- H 6254 |
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6 | 6 | | ======== |
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7 | 7 | | LC002712 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 SERVICES -- MEDICAL ASSISTANCE |
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16 | 16 | | Introduced By: Representatives Shallcross Smith, Voas, Casimiro, Solomon, Fellela, |
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17 | 17 | | Cotter, Perez, Biah, McNamara, and Caldwell |
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18 | 18 | | Date Introduced: April 23, 2025 |
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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. Minimum obesity coverage standards in Medicaid. 3 |
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26 | 26 | | (a) As used in this section: 4 |
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27 | 27 | | (1) "Comprehensive coverage for treatment of obesity" means coverage for prevention and 5 |
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28 | 28 | | wellness nutrition counseling, intensive behavioral therapy, bariatric surgery, and FDA-approved 6 |
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29 | 29 | | anti-obesity medication. 7 |
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30 | 30 | | (2) "FDA-approved anti-obesity medication" means any medication approved by the U.S. 8 |
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31 | 31 | | Food and Drug Administration for chronic weight management in patients with obesity. 9 |
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32 | 32 | | (b) On and after July 1, 2025, the Medicaid program shall include comprehensive coverage 10 |
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33 | 33 | | for treatment of obesity, to include coverage for obesity prevention and wellness, nutrition 11 |
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34 | 34 | | counseling, intensive behavioral therapy, bariatric surgery, and FDA-approved anti-obesity 12 |
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35 | 35 | | medication. 13 |
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36 | 36 | | (c) Coverage criteria for FDA-approved anti-obesity medications provided under this 14 |
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37 | 37 | | section shall not be more restrictive than the FDA-approved indications for those medicines. 15 |
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38 | 38 | | (d) Coverage under this section shall be consistent with coverage for any other illness, 16 |
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39 | 39 | | condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment 17 |
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40 | 40 | | and coinsurance factors, and benefit year maximum for deductibles and copayment and coinsurance 18 |
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41 | 41 | | factors. 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002712 - Page 2 of 3 |
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45 | 45 | | (e) Nothing shall preclude the Medicaid program’s use of utilization management to 1 |
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46 | 46 | | determine the medical necessity for treatment of obesity under this section; provided that, all 2 |
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47 | 47 | | appropriateness and medical necessity determinations are made in the same manner as those 3 |
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48 | 48 | | determinations are made for the treatment of any other illness, condition, or disorder covered by 4 |
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49 | 49 | | the state Medicaid plan. 5 |
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50 | 50 | | (f) The Medicaid program shall provide notice to its enrollees regarding the coverage 6 |
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51 | 51 | | required by this section. The notice shall be in writing and prominently positioned in any literature 7 |
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52 | 52 | | or correspondence sent to enrollees and shall be transmitted to enrollees within calendar years 2025 8 |
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53 | 53 | | and 2026 when annual information is made available to enrollees, and in any other mailing to 9 |
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54 | 54 | | enrollees, but in no case later than their renewal date. 10 |
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55 | 55 | | (g) The Medicaid program shall provide notice to healthcare providers and prescribers in 11 |
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56 | 56 | | the state regarding the coverage required in this section. The notice shall be in writing and shall be 12 |
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57 | 57 | | transmitted to healthcare providers and prescribers within both calendar years 2025 and 2026 when 13 |
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58 | 58 | | annual information or Medicaid plan change information is made available to healthcare providers 14 |
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59 | 59 | | and prescribers, but in no case shall the initial notice be provided later than October 31, 2025. 15 |
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60 | 60 | | (h) The executive office of health and human services is directed and authorized to apply 16 |
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61 | 61 | | for and obtain any necessary waiver(s), waiver amendment(s) and/or state plan amendments from 17 |
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62 | 62 | | the Secretary of the United States Department of Health and Human Services including, but not 18 |
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63 | 63 | | limited to, a section 1115 demonstration waiver. 19 |
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64 | 64 | | SECTION 2. This act shall take effect upon passage. 20 |
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65 | 65 | | ======== |
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66 | 66 | | LC002712 |
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68 | 68 | | |
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69 | 69 | | |
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70 | 70 | | LC002712 - Page 3 of 3 |
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71 | 71 | | EXPLANATION |
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72 | 72 | | BY THE LEGISLATIVE COUNCIL |
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73 | 73 | | OF |
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74 | 74 | | A N A C T |
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75 | 75 | | RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE |
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76 | 76 | | *** |
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77 | 77 | | This act would authorize the executive office of health and human services (EOHHS) to 1 |
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78 | 78 | | establish a program, on or after July 1, 2025, to establish comprehensive coverage for treatment of 2 |
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79 | 79 | | obesity, including prescription treatments for certain individuals where there is a clinical need. This 3 |
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80 | 80 | | program would seek to receive expanded authority to provide FDA-approved anti-obesity 4 |
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81 | 81 | | medication when medically appropriate. The executive office would seek a Medicaid section 1115 5 |
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82 | 82 | | demonstration waiver request and renewal to a seek waiver of the compliance provisions of 42 6 |
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83 | 83 | | U.S.C. section 1396d(a) ("definitions"), as set forth in subsection (b) of this resolution. 7 |
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84 | 84 | | This act would take effect upon passage. 8 |
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85 | 85 | | ======== |
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86 | 86 | | LC002712 |
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