JOINT RESOLUTION TO AMEND THE MEDICAID SECTION 1115 DEMONSTRATION WAIVER REQUESTS AND RENEWALS (Amends the Medicaid section 1115 demonstration waiver requests and renewals.)

H8205

2026 -- H 8205
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LC005307
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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J O I N T R E S O L U T I O N
TO AMEND THE MEDICAID SECTION 1115 DEMONSTRATION WAIVER REQUESTS
AND RENEWALS

Introduced By:
Representative Stephen M. Casey

Date Introduced:
February 27, 2026

Referred To:
House Finance
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WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The
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Rhode Island Medicaid Reform Act of 2008”; and
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WHEREAS, A legislative enactment is required pursuant to Rhode Island General Laws
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§ 42-12.4-3; and
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WHEREAS, Rhode Island General Laws § 42-7.2-5(3)(i) provides that the Secretary of
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the Executive Office of Health and Human Services is responsible for the review and
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coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well
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as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or
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III changes as described in the demonstration, “with potential to affect the scope, amount, or
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duration of publicly-funded health care services, provider payments or reimbursements, or access
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to or the availability of benefits and services provided by Rhode Island general and public laws”;
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now therefore be it
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RESOLVED, That, in pursuit of a more cost-effective consumer choice system of care
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that is fiscally sound and sustainable and that reduces the number of days behaviorally complex
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patients spend in acute care facilities, the legislature approves the following proposal to amend
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the demonstration:
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(x) Change to Rates for Nursing Facility Services. The secretary of the executive office
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of health and human services is authorized to pursue and implement any waiver amendments,
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state plan amendments, and/or changes to the applicable department’s rules, regulations, and

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procedures required to update the behavioral health per-diem add on program for particularly
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complex patients to include, but not be limited to, those who: (1) Require nursing home level of
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care and have complex needs that are barriers to placement in a traditional nursing home, and
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have a history of persistent, disruptive behaviors requiring moderate-to-frequent intervention; (2)
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Where admission to a nursing home is consistent with the least restrictive setting requirement
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enunciated in the landmark U.S. Supreme Court case, Olmstead v. L.C (1999); or (3) Must meet
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nursing facility level of care criteria and has been approved by BHDDH for specialized services
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through the BHDDH Level II PASRR determination process prior to admission to a nursing home
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certified by Medicaid to provide specialized and individualized services to these complex
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patients; and be it further
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RESOLVED, That the Secretary of State be and hereby is authorized and directed to
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transmit duly certified copies of this resolution to the Governor of the State of Rhode Island, the
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Rhode Island Department of Health, and to the Rhode Island Executive Office of Health and
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Human Services.
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