AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND HUMAN SERVICES (Provides the state would cover dialysis for the treatment of end stage renal disease ("ESRD") and kidney transplants for persons who do not qualify for full Medicaid due to their immigration status.)

H8139

2026 -- H 8139
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LC005690
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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 STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
HUMAN SERVICES

Introduced By:
Representatives Morales, Sanchez, Giraldo, Cruz, Potter, Tanzi, and
Ajello

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human
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Services" is hereby amended by adding thereto the following section:
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42-7.2-21. Coverage for treatment for end stage disease and kidney transplants for
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resident who does not qualify for full Medicaid.
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(a) EOHHS to provide coverage. The executive office of health and human services
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("EOHHS"), as the state agency designated to administer Rhode Island Medicaid pursuant to the
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provisions of § 42-7.2-2, shall provide coverage for dialysis treatment of end stage renal disease
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("ESRD"), as well as kidney transplants, for Rhode Island residents who do not qualify for full
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Medicaid due to their immigration status, pursuant to the EOHHS administration of emergency
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Medicaid.
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(b) Coverage provided. Emergency Medicaid coverage under the provisions of this section
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shall cover hemodialysis in both outpatient hospital settings and at freestanding dialysis centers.
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Emergency Medicaid shall also cover peritoneal dialysis when clinically appropriate. Coverage
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shall begin at the point the individual requires a fistula or indwelling venous catheter for expected
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hemodialysis, or at the point of catheter insertion for peritoneal dialysis. ESRD treatment shall be
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subject to the patient’s continued eligibility for Emergency Medicaid. Emergency Medicaid
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coverage under the provisions of this section shall also cover kidney transplants for the same
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persons.

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(c) Applicability. The provisions of this section shall apply to all individuals who qualify
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for Medicaid, but whose benefits are limited pursuant to federal law to treatment of an "emergency
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medical condition" due to their immigration status. Coverage under the provisions of this section
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shall be available to both undocumented individuals and individuals who are qualified non-citizens,
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but who have not met the five (5) year bar under federal law, which bar requires qualified non-
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citizens to be present in the United States for five (5) years before they qualify for federal benefits
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such as Medicaid.
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(d) The EOHHS may promulgate rules and regulations to implement the provisions of this
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section; provided, the EOHHS may delegate this authority to promulgate rules and regulations to
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any or all of the state's health and human services departments and offices which the EOHHS
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oversees and manages.
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SECTION 2. This act shall take effect on October 1, 2026
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
HUMAN SERVICES
***
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This act would provide that the executive office of health and human services (EOHHS),
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through Emergency Medicaid, cover dialysis for the treatment of end stage renal disease ("ESRD")
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and kidney transplants for Rhode Island residents who do not qualify for full Medicaid under
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federal law due to their immigration status, subject to the patient's continued eligibility for
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Emergency Medicaid.
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This act would take effect on October 1, 2026
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LC005690
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LC005690 - Page 3 of 3