AN ACT RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE -- LONG-TERM CARE SERVICE AND FINANCE REFORM -- ASSISTED LIVING SERVICES (Provides that licensed assisted living community is not required to hold a residential unit for a Medicare-eligible resident absent from the facility for a period exceeding 10 days unless EOHHS provides payment to the facility to hold the bed.)

H8406

2026 -- H 8406
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LC006263
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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 -- LONG-TERM CARE
SERVICE AND FINANCE REFORM -- ASSISTED LIVING SERVICES

Introduced By:
Representatives DeSimone, Biah, and Kazarian

Date Introduced:
April 03, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 40-8.9 of the General Laws entitled "Medical Assistance — Long-
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Term Care Service and Finance Reform" is hereby amended by adding thereto the following
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section:
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40-8.9-10. Assisted living services -- Medicaid bed hold requirements.

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(a) Notwithstanding any provision of law or regulation to the contrary, a licensed assisted
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living community shall not be required to hold a residential unit for a Medicaid-eligible resident
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who is temporarily absent due to hospitalization or admission to a skilled nursing facility for a
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period exceeding ten (10) days, unless a Medicaid bed hold payment is provided pursuant to
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subsection (b) of this section.
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(b) For any required bed hold period beyond ten (10) days, the executive office of health
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and human services shall provide a Medicaid bed hold payment to the assisted living community
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at a rate not less than fifty percent (50%) of the resident's assessed Medicaid assisted living
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reimbursement rate.
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(c) No assisted living community shall be required to maintain an unpaid bed hold for a
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Medicaid resident for a period exceeding forty-five (45) days in total, regardless of anticipated
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return status.
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(d) Nothing in this section shall be construed to prohibit an assisted living community, at
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its discretion, from voluntarily holding a unit for a longer period or from entering into a private

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payment arrangement with the resident or the resident’s representative.
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(e) The provisions of this section shall apply only where the assisted living community has
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received written notice that the resident is reasonably expected to return to the assisted living
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setting.
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(f) The executive office of health and human services shall amend its regulations governing
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assisted living services to conform with this section and shall submit any necessary Medicaid state
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plan amendments or waivers required for implementation.
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SECTION 2. This act shall take effect upon passage and shall apply to Medicaid-assisted
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living residents absent on or after July 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE -- LONG-TERM CARE
SERVICE AND FINANCE REFORM -- ASSISTED LIVING SERVICES
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This act would provide that a licensed assisted living community is not required to hold a
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residential unit for a Medicare-eligible resident absent from the facility for a period exceeding ten
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(10) days and if required to hold the bed, then the executive office of health and human services
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would provide a Medicaid bed hold payment to the assisted living community.
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This act would take effect upon passage and would apply to Medicaid-assisted living
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residents absent on or after July 1, 2026.
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LC006263 - Page 3 of 3