AN ACT RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE (Increase the personal needs allowance of nursing facility residents from $75.00 to $100 per month.)

S2084

2026 -- S 2084
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LC003999
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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:
Senators LaMountain, Felag, Burke, Tikoian, McKenney, Famiglietti,
Bissaillon, Murray, Vargas, and Bell

Date Introduced:
January 16, 2026

Referred To:
Senate Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 40-8-2 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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40-8-2. Definitions.
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As used in this chapter, unless the context shall otherwise require:
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(1) “Dental service” means and includes emergency care, X-rays for diagnoses, extractions,
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palliative treatment, and the refitting and relining of existing dentures and prosthesis.
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(2) “Department” means the department of human services.
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(3) “Director” means the director of human services.
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(4) “Drug” means and includes only drugs and biologicals prescribed by a licensed dentist
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or physician as are either included in the United States pharmacopoeia, national formulary, or are
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new and nonofficial drugs and remedies.
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(5) “Inpatient” means a person admitted to and under treatment or care of a physician or
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surgeon in a hospital or nursing facility that meets standards of and complies with rules and
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regulations promulgated by the director.
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(6) “Inpatient hospital services” means the following items and services furnished to an
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inpatient in a hospital other than a hospital, institution, or facility for tuberculosis or mental
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diseases:
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(i) Bed and board;
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(ii) Nursing services and other related services as are customarily furnished by the hospital

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for the care and treatment of inpatients and drugs, biologicals, supplies, appliances, and equipment
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for use in the hospital, as are customarily furnished by the hospital for the care and treatment of
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patients;
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(iii)(A) Other diagnostic or therapeutic items or services, including, but not limited to,
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pathology, radiology, and anesthesiology furnished by the hospital or by others under arrangements
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made by the hospital, as are customarily furnished to inpatients either by the hospital or by others
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under such arrangements, and services as are customarily provided to inpatients in the hospital by
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an intern or resident-in-training under a teaching program having the approval of the Council on
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Medical Education and Hospitals of the American Medical Association or of any other recognized
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medical society approved by the director.
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(B) The term “inpatient hospital services” shall be taken to include medical and surgical
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services provided by the inpatient’s physician, but shall not include the services of a private-duty
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nurse or services in a hospital, institution, or facility maintained primarily for the treatment and
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care of patients with tuberculosis or mental diseases. Provided, further, it shall be taken to include
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only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung,
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heart, and heart/lung, and other organ transplant operations as may be designated by the director
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after consultation with medical advisory staff or medical consultants; and provided that any such
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transplant operation is determined by the director or his or her designee to be medically necessary.
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Prior written approval of the director, or his or her designee, shall be required for all covered organ
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transplant operations.
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(C) In determining medical necessity for organ transplant procedures, the state plan shall
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adopt a case-by-case approach and shall focus on the medical indications and contra-indications in
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each instance; the progressive nature of the disease; the existence of any alternative therapies; the
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life-threatening nature of the disease; the general state of health of the patient apart from the
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particular organ disease; and any other relevant facts and circumstances related to the applicant and
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the particular transplant procedure.
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(7) “Nursing services” means the following items and services furnished to an inpatient in
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a nursing facility:
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(i) Bed and board;
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(ii) Nursing care and other related services as are customarily furnished to inpatients
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admitted to the nursing facility, and drugs, biologicals, supplies, appliances, and equipment for use
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in the facility, as are customarily furnished in the facility for the care and treatment of patients;
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(iii) Other diagnostic or therapeutic items or services, legally furnished by the facility or
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by others under arrangements made by the facility, as are customarily furnished to inpatients either

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by the facility or by others under such arrangement;
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(iv) Medical services provided in the facility by the inpatient’s physician, or by an intern
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or resident-in-training of a hospital with which the facility is affiliated or that is under the same
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control, under a teaching program of the hospital approved as provided in subsection (6); and
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(v) A personal-needs allowance of
seventy-five dollars ($75.00)

one hundred dollars
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($100)
per month.
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(8) “Relative with whom the dependent child is living” means and includes the father,
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mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister,
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uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the
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dependent child.
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(9) “Visiting nurse service” means part-time or intermittent nursing care provided by or
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under the supervision of a registered professional nurse other than in a hospital or nursing home.
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SECTION 2. This act shall take effect on July 1, 2026.
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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 increase the personal needs allowance of nursing facility residents from
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$75.00 to $100 per month.
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This act would take effect on July 1, 2026.
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