§ 40-8-1 Declaration of policy.
(a) Whereas, in the state of Rhode Island there are many persons who do not
have sufficient income and resources to meet the cost of medical care and who,
except for income and resource requirements, would be eligible for aid or
assistance under § 40-5.1-9 or § 40-6-27; and
(b) Whereas, it is in the best interest of all the citizens
of this state to promote the welfare of persons with the characteristics of
persons eligible to receive public assistance and ensure that they will receive
adequate medical care and treatment in time of need;
(c) Now, therefore, it is declared to be the policy of this
state to provide medical assistance for those persons in this state who possess
the characteristics of persons receiving public assistance under the provisions
of § 40-5.1-9 or § 40-6-27, and who do not have the income and
resources to provide it for themselves or who can do so only at great financial
sacrifice. Provided, further, that such medical assistance, must qualify for
federal financial participation pursuant to the provisions of Title XIX of the
federal Social Security Act, 42 U.S.C. § 1396 et seq., as such provisions
apply to medically needy only applicants and recipients.
(d) Medical assistance shall be provided under this chapter
without regard to the availability of federal financial participation: (1) to a
person who does not meet the citizenship or alienage criteria under Title XIX
of the Social Security Act, 42 U.S.C. § 1396 et seq., and who was lawfully
residing in the United States before August 22, 1996 and who was a resident of
this state prior to July 1, 1997; and provided, however, that such person meets
all other eligibility requirements under this chapter or under Title XIX or
Title XXI of the Social Security Act.
(e) Medical assistance shall also be provided under this
chapter to a non citizen child who was lawfully admitted for permanent
residence on or after August 22, 1996 or who first becomes otherwise entitled
to reside in the United States on or after August 22, 1996; provided, however,
that such person meets all other eligibility requirements under this chapter or
under Title XIX or Title XXI of the Social Security Act.
History of Section.
(P.L. 1966, ch. 266, § 2; G.L. 1956, § 40-10.1-1; Reorg. Plan No. 1,
1970; P.L. 1983, ch. 3, art. 3, § 1; P.L. 1983, ch. 167, art. 18, §
1; P.L. 1989, ch. 53, § 1; P.L. 1996, ch. 129, § 19; P.L. 1996, ch.
131, § 19; P.L. 1996, ch. 132, § 19; P.L. 1996, ch. 133, § 19;
P.L. 1997, ch. 30, art. 34, § 5; P.L. 2006, ch. 246, art. 40, § 1;
P.L. 2007, ch. 73, art. 18, § 7; P.L. 2008, ch. 9, art. 10, § 1; P.L.
2009, ch. 68, art. 23, § 3.)