State Codes and Statutes
Statutes > Rhode-island > Title-40 > Chapter-40-8-4 > 40-8-4-4SECTION 40-8.4-4
§ 40-8.4-4 Eligibility. – (a) Medical assistance for families. There is hereby established acategory of medical assistance eligibility pursuant to § 1931 of Title XIXof the Social Security Act, 42 U.S.C. § 1396u-1, for families whose incomeand resources are no greater than the standards in effect in the aid tofamilies with dependent children program on July 16, 1996 or such increasedstandards as the department may determine. The department of human services isdirected to amend the medical assistance Title XIX state plan and to submit tothe U.S. Department of Health and Human Services an amendment to the RIte Carewaiver project to provide for medical assistance coverage to families underthis chapter in the same amount, scope and duration as coverage provided tocomparable groups under the waiver. The department is further authorized anddirected to submit such amendments and/or requests for waivers to the Title XXIstate plan as may be necessary to maximize federal contribution for provisionof medical assistance coverage provided pursuant to this chapter, includingproviding medical coverage as a "qualified state" in accordance with Title XXIof the Social Security Act, 42 U.S.C. § 1397 et seq. Implementation ofexpanded coverage under this chapter shall not be delayed pending federalreview of any Title XXI amendment or waiver.
(b) Income. The director of the department of humanservices is authorized and directed to amend the medical assistance Title XIXstate plan or RIte Care waiver to provide medical assistance coverage throughexpanded income disregards or other methodology for parents or relativecaretakers whose income levels are below one hundred seventy-five percent(175%) of the federal poverty level.
(c) Waiver. The department of human services isauthorized and directed to apply for and obtain appropriate waivers from theSecretary of the U.S. Department of Health and Human Services, including, butnot limited to, a waiver of the appropriate provisions of Title XIX, to requirethat individuals with incomes equal to or greater than one hundred fiftypercent (150%) of the federal poverty level pay a share of the costs of theirmedical assistance coverage provided through enrollment in either the RIte CareProgram or under the premium assistance program under § 40-8.4-12, in amanner and at an amount consistent with comparable cost-sharing provisionsunder § 40-8.4-12, provided that such cost sharing shall not exceed fivepercent (5%) of annual income for those with annual income in excess of onehundred fifty percent (150%); and provided, further, that cost-sharing shallnot be required for pregnant women or children under age one.
