Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0488 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HUMAN SERVICES -- RHODE ISLAND MEDICAID ELIGIBILITY
1616 DETERMINATION ACT
1717 Introduced By: Senators Bell, Ujifusa, Thompson, Quezada, Ciccone, Mack, Kallman,
1818 Burke, Euer, and Valverde
1919 Date Introduced: February 26, 2025
2020 Referred To: Senate Health & Human Services
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby 1
2525 amended by adding thereto the following chapter: 2
2626 CHAPTER 23 3
2727 RHODE ISLAND MEDICAID ELIGIBILITY DETERMINATION ACT 4
2828 40-23-1. Short title. 5
2929 This chapter shall be known and may be cited as the "Rhode Island Medicaid Eligibility 6
3030 Determination Act." 7
3131 40-23-2. Definitions. 8
3232 For the purposes of this chapter, the following words and terms have the following 9
3333 meanings: 10
3434 (1) “Decision to terminate” shall mean the entire process of deciding to remove an 11
3535 individual from enrollment in Medicaid or request information from an individual when the failure 12
3636 to respond within a set timeframe will remove the individual from enrollment in Medicaid. 13
3737 (2) “Private entity data” means any data purchased from private entities or involving wage, 14
3838 address, or other eligibility-related data collected by a private entity, such as data reported by 15
3939 employers to a private entity. 16
4040 (3) "Public assistance reporting information system" or "PARIS" means a federal-state 17
4141 partnership that facilitates the sharing of data between states to identify individuals who may be 18
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4545 receiving benefits in multiple states. 1
4646 (4) “Public data sources” means any data collected, maintained, or controlled by a state or 2
4747 federal government entity or agency, including, but not limited to, SWICA, PARIS, and other state-3
4848 administered databases. 4
4949 (5) "State wage information collection agency date" or "SWICA data" means the data from 5
5050 the Rhode Island department of labor and training that collects wage and employment data for 6
5151 unemployment insurance purposes and provides data on individuals’ earnings. 7
5252 (6) “Terminate” shall mean to make a decision to terminate. 8
5353 (7) “Termination” shall mean a removal from Medicaid enrollment as a result of a decision 9
5454 to terminate. 10
5555 (8) “Termination decision” shall mean a decision of whether or not to terminate, including 11
5656 decisions to not terminate. It shall include a decision to request information from an individual 12
5757 when the failure to respond within a set timeframe will remove the individual from enrollment in 13
5858 Medicaid. In such a case, the decision to remove an individual who has not responded to such a 14
5959 request from enrollment in Medicaid shall not count as an additional termination decision, but a 15
6060 decision of whether or not to proceed with removing the individual from enrollment in Medicaid 16
6161 after they do respond in any manner shall count as an additional termination decision, even if the 17
6262 response is deemed insufficient. 18
6363 40-23-3. Eligibility determination based on state data only. 19
6464 (a) Eligibility criteria. The eligibility for Medicaid benefits in Rhode Island shall be 20
6565 determined exclusively by the use of the following state-controlled data sources: 21
6666 (1) SWICA data including, but not limited to, wage, employment, and earnings 22
6767 information. 23
6868 (2) PARIS data, including information about applicants who may be receiving benefits 24
6969 from other states. 25
7070 (3) Other state-maintained databases as determined by the Rhode Island executive office 26
7171 of health and human services. 27
7272 (b) Prohibition on private entity data. No private entity data may be used for any part of 28
7373 the Medicaid eligibility determination process, including post-eligibility verification. Any 29
7474 termination where private entity data was utilized for any part of the decision to terminate shall not 30
7575 be valid. 31
7676 (c) Retroactive reinstatement. Any individuals terminated from Medicaid utilizing private 32
7777 entity data prior to the effective date of this act shall be retroactively reinstated within ten (10) days 33
7878 of the effective date of this act, unless the executive office of health and human services determines 34
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8282 that the decision to terminate was correct using only state data sources within the ten (10) days. If 1
8383 the decision to terminate is determined to be correct, terminated individuals shall have a right to 2
8484 appeal the termination to the executive office of health and human services and/or the superior 3
8585 court and shall receive written notice of their rights. The executive office of health and human 4
8686 services shall not impose a time limit on the right of appeal. 5
8787 (d) Ban on automated terminations. No termination from Medicaid shall be valid unless 6
8888 the decision to terminate was made by a human being employed by the executive office of health 7
8989 and human services or the department of human services. No terminations from Medicaid shall be 8
9090 valid if, on the day when the decision to terminate was made, the employee making the decision to 9
9191 terminate made more than fifty (50) termination decisions. No termination from Medicaid shall be 10
9292 valid if the decision to terminate was made by a computer program. If the decision to terminate was 11
9393 recommended by a computer program, the burden of proof shall fall on the state to demonstrate 12
9494 that the employee certifying the termination made a good faith effort to independently review the 13
9595 case. 14
9696 SECTION 2. This act shall take effect upon passage. 15
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103103 EXPLANATION
104104 BY THE LEGISLATIVE COUNCIL
105105 OF
106106 A N A C T
107107 RELATING TO HUMAN SERVICES -- RHODE ISLAND MEDICAID ELIGIBILITY
108108 DETERMINATION ACT
109109 ***
110110 This bill would establish that Medicaid eligibility in Rhode Island can only be determined 1
111111 using state-controlled data, prohibit private entity data in eligibility decisions, and ensure 2
112112 terminations are made by human employees rather than automated systems. It would also mandate 3
113113 retroactive reinstatement for improperly terminated individuals 4
114114 This act would take effect upon passage. 5
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