Rhode Island General Laws
Chapter 40-8 - Medical Assistance
Section 40-8-1. - Declaration of policy.

§ 40-8-1. Declaration of policy.
(a) Whereas, in the state of Rhode Island there are many persons who do not have sufficient income and resources to meet the cost of medical care and who, except for income and resource requirements, would be eligible for aid or assistance under § 40-5.1-9 [repealed] or § 40-6-27; and
(b) Whereas, it is in the best interest of all the citizens of this state to promote the welfare of persons with the characteristics of persons eligible to receive public assistance and ensure that they will receive adequate medical care and treatment in time of need;
(c) Now, therefore, it is declared to be the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance under the provisions of § 40-5.1-9 [repealed] or § 40-6-27, and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice. Provided, further, that the medical assistance must qualify for federal financial participation pursuant to the provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as such provisions apply to medically needy only applicants and recipients.
(d) Medical assistance shall be provided under this chapter without regard to the availability of federal financial participation: (1) To a person who does not meet the citizenship or alienage criteria under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and who was lawfully residing in the United States before August 22, 1996, and who was a resident of this state prior to July 1, 1997; and provided, however, that the person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.
(e) Medical assistance shall also be provided under this chapter to a non-citizen child who was lawfully admitted for permanent residence on or after August 22, 1996, or who first becomes otherwise entitled to reside in the United States on or after August 22, 1996; provided, however, that the person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.
History of Section.P.L. 1966, ch. 266, § 2; G.L. 1956, § 40-10.1-1; Reorg. Plan No. 1, 1970; P.L. 1983, ch. 3, art. 3, § 1; P.L. 1983, ch. 167, art. 18, § 1; P.L. 1989, ch. 53, § 1; P.L. 1996, ch. 129, § 19; P.L. 1996, ch. 131, § 19; P.L. 1996, ch. 132, § 19; P.L. 1996, ch. 133, § 19; P.L. 1997, ch. 30, art. 34, § 5; P.L. 2006, ch. 246, art. 40, § 1; P.L. 2007, ch. 73, art. 18, § 7; P.L. 2008, ch. 9, art. 10, § 1; P.L. 2009, ch. 68, art. 23, § 3.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 40 - Human Services

Chapter 40-8 - Medical Assistance

Section 40-8-1. - Declaration of policy.

Section 40-8-2. - Definitions.

Section 40-8-3. - Eligibility requirements.

Section 40-8-3.1. - Life estate in property — Retained powers.

Section 40-8-4. - Direct vendor payment plan.

Section 40-8-4.1. - Lowest price.

Section 40-8-5. - Agencies through which benefits paid.

Section 40-8-6. - Review of application for benefits.

Section 40-8-6.1. - Provider care during pendency of application.

Section 40-8-7. - Appeals — Hearing.

Section 40-8-8. - Judicial review.

Section 40-8-9. - Fraudulent receipt of assistance as larceny — Penalty.

Section 40-8-9.1. - Notice.

Section 40-8-10. - Recovery of benefits paid in error.

Section 40-8-11. - Civil action to recover benefits.

Section 40-8-12. - Federal approval.

Section 40-8-13. - Rules, regulations, and fee schedules.

Section 40-8-13.1. - [Repealed.]

Section 40-8-13.2. - [Repealed.]

Section 40-8-13.3. - Payment for services provided by in-state and out-of-state hospitals.

Section 40-8-13.4. - Rate methodology for payment for in-state and out-of-state hospital services.

Section 40-8-13.5. - Hospital Incentive Program (HIP).

Section 40-8-14. - Appropriations.

Section 40-8-15. - Lien on deceased recipient’s estate for assistance.

Section 40-8-16. - Notification of long-term care alternative.

Section 40-8-17. - Waiver request.

Section 40-8-18. - Local education agencies as EPSDT providers.

Section 40-8-19. - Rates of payment to nursing facilities.

Section 40-8-19.1. - Nursing facility financial oversight.

Section 40-8-19.2. - Nursing Facility Incentive Program (NFIP).

Section 40-8-20. - [Repealed.]

Section 40-8-20.1. - Prospective rate increments.

Section 40-8-20.2. - Best energy practices for licensed nursing facilities — Energy conservation retention credit.

Section 40-8-21. - Appeals process.

Section 40-8-22. - Protection of resources — Long-term care insurance partnership program.

Section 40-8-23. - Contracting standards.

Section 40-8-24. - Less expensive alternative medications.

Section 40-8-25. - Nursing facility pharmaceutical waste reduction.

Section 40-8-26. - Community health centers.

Section 40-8-27. - Cooperation by providers.

Section 40-8-28. - Vendors doing business in the state of Rhode Island.

Section 40-8-29. - Selective contracting.

Section 40-8-30. - Suspension of participating providers.

Section 40-8-31. - Payments to out-of-state facilities.

Section 40-8-32. - Support for certain patients of nursing facilities.