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H 8139Medical Services

State Affairs and Government - Office of Health and Human Services

This bill provides state-funded coverage for dialysis and kidney transplants to immigrants who do not qualify for regular Medicaid.

Held for study
Population
Affected
12
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation mandates that the Rhode Island Executive Office of Health and Human Services provides Medicaid coverage for specific kidney treatments to residents who are currently ineligible for full Medicaid due to their immigration status. This applies to undocumented individuals and legal non-citizens who have not met the federal five-year residency requirement. The state will cover costs for dialysis (both hemodialysis and peritoneal dialysis) and kidney transplants. Coverage begins when the patient requires surgical preparation for dialysis, such as a catheter or fistula.

For younger readers

Sometimes people get very sick with kidney problems and need a special machine to clean their blood, called dialysis, or even a new kidney. Right now, some people who moved to Rhode Island from other countries cannot get government help to pay for this doctor care because of rules about how long they have lived here or how they arrived. This new law says the state will help pay for these important kidney treatments for those people so they can get healthy, even if they aren't allowed to get other kinds of government help yet.

Who & Where It Applies

Impacted groups
Undocumented immigrantsQualified non-citizens under 5-year barDialysis providersHospitalsTaxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures that vulnerable immigrant populations, including undocumented individuals, have access to life-saving medical treatment for kidney failure, upholding the principle that healthcare is a human right.
  • Reduces health disparities by providing preventative and ongoing care (dialysis) rather than relying on emergency room visits when conditions become critical, promoting better long-term health outcomes.
  • Demonstrates a commitment to social justice by using state resources to cover gaps left by federal restrictions, ensuring that residency status does not determine one's ability to survive end-stage renal disease.
  • Limits coverage specifically to end-stage renal disease and transplants, potentially leaving these same individuals vulnerable to other serious medical conditions that remain uncovered.
  • The implementation date is set for late 2026, meaning there is a significant delay before these vulnerable populations can access the mandated life-saving care.
  • Relies on the existing Medicaid infrastructure which can have administrative hurdles, potentially making it difficult for undocumented individuals fearful of government interaction to enroll.
For Conservatives
  • May reduce the financial burden on hospitals that currently provide uncompensated emergency care to indigent patients with kidney failure, potentially stabilizing healthcare costs for others.
  • Promotes a structured approach to medical care rather than relying on chaotic and expensive emergency room visits, theoretically improving the efficiency of healthcare resource utilization.
  • Maintains the distinction that this is "Emergency Medicaid" rather than full Medicaid, limiting the scope of state-funded benefits provided to non-citizens to specific life-threatening conditions.
  • Uses taxpayer funds to provide expensive medical procedures, including organ transplants, to individuals who are in the country illegally or are non-citizens not yet entitled to federal benefits.
  • Expands the state welfare state by creating a new entitlement class based on immigration status, which could encourage further illegal immigration to Rhode Island for medical benefits.
  • Bypasses federal waiting periods (the five-year bar) established to protect the integrity of the social safety net, effectively overriding federal intent regarding benefit eligibility for non-citizens.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 27 additions

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 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 subject to the patient’s continued eligibility for Emergency Medicaid. 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 on October 1, 2026