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5 | 5 | | 2025 -- S 0488 |
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6 | 6 | | ======== |
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7 | 7 | | LC000288 |
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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 -- RHODE ISLAND MEDICAID ELIGIBILITY |
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16 | 16 | | DETERMINATION ACT |
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17 | 17 | | Introduced By: Senators Bell, Ujifusa, Thompson, Quezada, Ciccone, Mack, Kallman, |
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18 | 18 | | Burke, Euer, and Valverde |
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19 | 19 | | Date Introduced: February 26, 2025 |
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20 | 20 | | Referred To: Senate Health & Human Services |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby 1 |
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25 | 25 | | amended by adding thereto the following chapter: 2 |
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26 | 26 | | CHAPTER 23 3 |
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27 | 27 | | RHODE ISLAND MEDICAID ELIGIBILITY DETERMINATION ACT 4 |
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28 | 28 | | 40-23-1. Short title. 5 |
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29 | 29 | | This chapter shall be known and may be cited as the "Rhode Island Medicaid Eligibility 6 |
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30 | 30 | | Determination Act." 7 |
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31 | 31 | | 40-23-2. Definitions. 8 |
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32 | 32 | | For the purposes of this chapter, the following words and terms have the following 9 |
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33 | 33 | | meanings: 10 |
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34 | 34 | | (1) “Decision to terminate” shall mean the entire process of deciding to remove an 11 |
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35 | 35 | | individual from enrollment in Medicaid or request information from an individual when the failure 12 |
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36 | 36 | | to respond within a set timeframe will remove the individual from enrollment in Medicaid. 13 |
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37 | 37 | | (2) “Private entity data” means any data purchased from private entities or involving wage, 14 |
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38 | 38 | | address, or other eligibility-related data collected by a private entity, such as data reported by 15 |
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39 | 39 | | employers to a private entity. 16 |
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40 | 40 | | (3) "Public assistance reporting information system" or "PARIS" means a federal-state 17 |
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41 | 41 | | partnership that facilitates the sharing of data between states to identify individuals who may be 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000288 - Page 2 of 4 |
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45 | 45 | | receiving benefits in multiple states. 1 |
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46 | 46 | | (4) “Public data sources” means any data collected, maintained, or controlled by a state or 2 |
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47 | 47 | | federal government entity or agency, including, but not limited to, SWICA, PARIS, and other state-3 |
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48 | 48 | | administered databases. 4 |
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49 | 49 | | (5) "State wage information collection agency date" or "SWICA data" means the data from 5 |
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50 | 50 | | the Rhode Island department of labor and training that collects wage and employment data for 6 |
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51 | 51 | | unemployment insurance purposes and provides data on individuals’ earnings. 7 |
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52 | 52 | | (6) “Terminate” shall mean to make a decision to terminate. 8 |
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53 | 53 | | (7) “Termination” shall mean a removal from Medicaid enrollment as a result of a decision 9 |
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54 | 54 | | to terminate. 10 |
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55 | 55 | | (8) “Termination decision” shall mean a decision of whether or not to terminate, including 11 |
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56 | 56 | | decisions to not terminate. It shall include a decision to request information from an individual 12 |
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57 | 57 | | when the failure to respond within a set timeframe will remove the individual from enrollment in 13 |
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58 | 58 | | Medicaid. In such a case, the decision to remove an individual who has not responded to such a 14 |
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59 | 59 | | request from enrollment in Medicaid shall not count as an additional termination decision, but a 15 |
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60 | 60 | | decision of whether or not to proceed with removing the individual from enrollment in Medicaid 16 |
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61 | 61 | | after they do respond in any manner shall count as an additional termination decision, even if the 17 |
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62 | 62 | | response is deemed insufficient. 18 |
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63 | 63 | | 40-23-3. Eligibility determination based on state data only. 19 |
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64 | 64 | | (a) Eligibility criteria. The eligibility for Medicaid benefits in Rhode Island shall be 20 |
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65 | 65 | | determined exclusively by the use of the following state-controlled data sources: 21 |
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66 | 66 | | (1) SWICA data including, but not limited to, wage, employment, and earnings 22 |
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67 | 67 | | information. 23 |
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68 | 68 | | (2) PARIS data, including information about applicants who may be receiving benefits 24 |
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69 | 69 | | from other states. 25 |
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70 | 70 | | (3) Other state-maintained databases as determined by the Rhode Island executive office 26 |
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71 | 71 | | of health and human services. 27 |
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72 | 72 | | (b) Prohibition on private entity data. No private entity data may be used for any part of 28 |
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73 | 73 | | the Medicaid eligibility determination process, including post-eligibility verification. Any 29 |
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74 | 74 | | termination where private entity data was utilized for any part of the decision to terminate shall not 30 |
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75 | 75 | | be valid. 31 |
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76 | 76 | | (c) Retroactive reinstatement. Any individuals terminated from Medicaid utilizing private 32 |
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77 | 77 | | entity data prior to the effective date of this act shall be retroactively reinstated within ten (10) days 33 |
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78 | 78 | | of the effective date of this act, unless the executive office of health and human services determines 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000288 - Page 3 of 4 |
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82 | 82 | | that the decision to terminate was correct using only state data sources within the ten (10) days. If 1 |
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83 | 83 | | the decision to terminate is determined to be correct, terminated individuals shall have a right to 2 |
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84 | 84 | | appeal the termination to the executive office of health and human services and/or the superior 3 |
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85 | 85 | | court and shall receive written notice of their rights. The executive office of health and human 4 |
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86 | 86 | | services shall not impose a time limit on the right of appeal. 5 |
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87 | 87 | | (d) Ban on automated terminations. No termination from Medicaid shall be valid unless 6 |
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88 | 88 | | the decision to terminate was made by a human being employed by the executive office of health 7 |
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89 | 89 | | and human services or the department of human services. No terminations from Medicaid shall be 8 |
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90 | 90 | | valid if, on the day when the decision to terminate was made, the employee making the decision to 9 |
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91 | 91 | | terminate made more than fifty (50) termination decisions. No termination from Medicaid shall be 10 |
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92 | 92 | | valid if the decision to terminate was made by a computer program. If the decision to terminate was 11 |
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93 | 93 | | recommended by a computer program, the burden of proof shall fall on the state to demonstrate 12 |
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94 | 94 | | that the employee certifying the termination made a good faith effort to independently review the 13 |
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95 | 95 | | case. 14 |
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96 | 96 | | SECTION 2. This act shall take effect upon passage. 15 |
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97 | 97 | | ======== |
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98 | 98 | | LC000288 |
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100 | 100 | | |
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101 | 101 | | |
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102 | 102 | | LC000288 - Page 4 of 4 |
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103 | 103 | | EXPLANATION |
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104 | 104 | | BY THE LEGISLATIVE COUNCIL |
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105 | 105 | | OF |
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106 | 106 | | A N A C T |
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107 | 107 | | RELATING TO HUMAN SERVICES -- RHODE ISLAND MEDICAID ELIGIBILITY |
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108 | 108 | | DETERMINATION ACT |
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109 | 109 | | *** |
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110 | 110 | | This bill would establish that Medicaid eligibility in Rhode Island can only be determined 1 |
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111 | 111 | | using state-controlled data, prohibit private entity data in eligibility decisions, and ensure 2 |
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112 | 112 | | terminations are made by human employees rather than automated systems. It would also mandate 3 |
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113 | 113 | | retroactive reinstatement for improperly terminated individuals 4 |
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114 | 114 | | This act would take effect upon passage. 5 |
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115 | 115 | | ======== |
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116 | 116 | | LC000288 |
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