AN ACT RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE (Disregards the limitations on trusts if the person has purchased long-term-care-insurance with a coverage payout amount equal to the average cost of long-term care in the State of Rhode Island.)

H7246

2026 -- H 7246
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LC003596
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE

Introduced By:
Representative David J. Place

Date Introduced:
January 21, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 40-8-22 of the General Laws in Chapter 40-8 entitled "Medical
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Assistance" is hereby amended to read as follows:
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40-8-22. Protection of resources — Long-term care insurance partnership program.
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(a) The department of human services shall coordinate a program entitled the Rhode Island
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Partnership for Long-Term Care whereby private insurance and funds may be utilized to finance
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long-term care. The department shall seek appropriate amendments to its state plan for medical
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assistance under Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act (Medicaid), or
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waivers of state plan requirements, to allow protection of resources and income pursuant to this
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section. The protection shall be provided, to the extent approved by the federal Centers for
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Medicare and Medicaid Services, for any purchaser of a precertified, long-term-care policy
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delivered, issued for delivery, or renewed and shall last for the life of the purchaser.
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Notwithstanding any provision of the general laws, the limitation on trusts shall be disregarded if
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the person has purchased long-term-care insurance with a coverage payout amount equal to the
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average cost of long-term care in the State of Rhode Island.
Notwithstanding any provision of the
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general laws, the resources of an individual, to the extent the resources are equal to the amount of
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qualifying long-term-care insurance benefits payments provided pursuant to a policy of long-term-
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care insurance precertified in accordance with department regulations and chapter 34.2 of title 27,
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shall not be considered by the department in a determination of: (1) His or her eligibility for
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Medicaid; (2) The amount of any Medicaid payment; or (3) In any subsequent recovery by the state

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of a payment for medical services. The precertified policies shall be known as “Medicaid qualifying
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long-term care partnership policies.”
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(b) The department shall count insurance benefit payments toward resource exclusion to
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the extent the payments: (1) Are for services covered under the state plan for medical assistance,
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including nursing home care, or formal services delivered to insureds in the community as part of
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a care plan; (2) Are for the lower of the actual charge or the amount paid by the insurance company;
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and (3) Are for services provided after the individual meets the coverage requirements for long-
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term-care benefits established by the department for this program. The department shall adopt rules
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and regulations to implement the provisions of this section and relating to determining eligibility
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of applicants for Medicaid and the coverage requirements for long-term-care benefits.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE
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This act would disregard the limitations on trusts if the person has purchased long-term-
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care insurance with a coverage payout amount equal to the average cost of long-term care in the
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State of Rhode Island.
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This act would take effect upon passage.
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LC003596
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