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Summary

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This legislation mandates that the Rhode Island Executive Office of Health and Human Services (EOHHS) provide Medicaid coverage for the treatment of end-stage renal disease (ESRD) and kidney transplants to residents who are currently ineligible for full Medicaid due to their immigration status. This coverage applies to undocumented individuals and qualified non-citizens subject to the federal five-year waiting period. The bill specifically covers hemodialysis in various settings, peritoneal dialysis, and kidney transplants. Authorization for treatment is granted for twelve-month periods, provided the individual remains eligible for Emergency Medicaid.
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Analysis

Pros for Progressives

  • Ensures that vulnerable immigrant populations have access to life-saving medical care, upholding the principle that healthcare is a human right regardless of documentation status.
  • Reduces severe health disparities by providing consistent, preventative treatment for chronic kidney failure, rather than forcing individuals to rely on sporadic and dangerous emergency room visits.
  • Strengthens the social safety net by protecting marginalized residents from financial ruin or death due to a lack of insurance coverage for critical medical needs.

Cons for Progressives

  • Creates a "disease-specific" exemption rather than providing comprehensive healthcare coverage for all immigrants, potentially leaving those with other life-threatening conditions (like cancer) without help.
  • Relies on the "Emergency Medicaid" framework, which may still involve bureaucratic hurdles and re-authorization processes that could interrupt continuity of care.
  • Does not address the underlying systemic exclusion of undocumented immigrants from the full Medicaid program, maintaining a two-tiered system of healthcare access.

Pros for Conservatives

  • Potentially reduces the financial burden on hospitals by shifting costs from uncompensated emergency room care to a structured payment system for dialysis, which is generally more cost-effective than emergency management.
  • Ensures that the coverage is strictly limited to specific renal conditions and treatments, rather than offering broad, undefined access to the state welfare system.
  • May allow individuals receiving treatment to remain physically capable of working and contributing to the local economy, rather than becoming fully incapacitated wards of the state.

Cons for Conservatives

  • Uses taxpayer funds to provide expensive medical procedures, including organ transplants, to individuals who have violated federal immigration laws to enter the country.
  • Could create a "magnet effect," encouraging individuals with serious health conditions to move to Rhode Island specifically to take advantage of state-funded healthcare benefits.
  • Prioritizes non-citizens for limited medical resources, such as kidney transplants, potentially increasing wait times or reducing availability for law-abiding citizens and veterans.

Constitutional Concerns

None Likely

Impact Overview

Groups Affected

  • Undocumented immigrants
  • Qualified non-citizens
  • Dialysis patients
  • Hospitals and dialysis centers
  • Taxpayers

Towns Affected

All

Cost to Taxpayers

Amount unknown

Revenue Generated

None

BillBuddy Impact Ratings

Importance

30

Measures population affected and overall level of impact.

Freedom Impact

0

Level of individual freedom impacted by the bill.

Public Services

25

How much the bill is likely to impact one or more public services.

Regulatory

10

Estimated regulatory burden imposed on the subject(s) of the bill.

Clarity of Bill Language

90

How clear the language of the bill is. Higher ambiguity equals a lower score.

Enforcement Provisions

60

Measures enforcement provisions and penalties for non-compliance (if applicable).

Environmental Impact

0

Impact the bill will have on the environment, positive or negative.

Privacy Impact

0

Impact the bill is likely to have on the privacy of individuals.

Bill Status

Current Status

Held
Comm Passed
Floor Passed
Law

History

• 01/16/2026 Introduced, referred to Senate Health and Human Services

Bill Text

SECTION 1. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human Services" is hereby amended by adding thereto the following section:
42-7.2-21. Coverage for treatment for end stage renal disease and kidney transplants for resident who does not qualify for full Medicaid.
(a) EOHHS to provide coverage. The executive office of health and human services ("EOHHS"), as the state agency designated to administer Rhode Island Medicaid pursuant to the provisions of § 42-7.2-2, shall provide coverage for dialysis treatment of end stage renal disease ("ESRD"), as well as kidney transplants, for Rhode Island residents who do not qualify for full Medicaid due to their immigration status, pursuant to the EOHHS administration of emergency Medicaid.
(b) Coverage provided. Emergency Medicaid coverage under the provisions of this section shall cover hemodialysis in both outpatient hospital settings and at freestanding dialysis centers. Emergency Medicaid shall also cover peritoneal dialysis when clinically appropriate. Coverage shall begin at the point the individual requires a fistula or indwelling venous catheter for expected hemodialysis, or at the point of catheter insertion for peritoneal dialysis. ESRD treatment shall be authorized for a period of twelve (12) months, subject to the patient’s continued eligibility for Emergency Medicaid during that time period. Emergency Medicaid coverage under the provisions of this section shall also cover kidney transplants for the same persons.
(c) Applicability. The provisions of this section shall apply to all individuals who qualify for Medicaid, but whose benefits are limited pursuant to federal law to treatment of an "emergency medical condition" due to their immigration status. Coverage under the provisions of this section shall be available to both undocumented individuals and individuals who are qualified non-citizens, but who have not met the five (5) year bar under federal law, which bar requires qualified non- citizens to be present in the United States for five (5) years before they qualify for federal benefits such as Medicaid.
(d) The EOHHS may promulgate rules and regulations to implement the provisions of this section; provided, the EOHHS may delegate this authority to promulgate rules and regulations to any or all of the state's health and human services departments and offices which the EOHHS oversees and manages.

SECTION 2. This act shall take effect upon passage.

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