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S 2119Medical Services

State Affairs and Government - Office of Health and Human Services

This bill allows immigrants who do not qualify for regular Medicaid to receive free treatment for kidney failure and transplants.

Held for study
Population
Affected
15
Introduced Jan 16, 2026Committee Senate Health & Human Services

Plain-English Summary

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.

For younger readers

This law helps people who moved to Rhode Island from other countries and have very sick kidneys. Sometimes, a person's kidneys stop working, and they need a special machine to clean their blood (called dialysis) or an operation to get a new kidney to stay alive. Right now, some people cannot get government help to pay for this because of paperwork rules about how long they have lived here. This bill says the state will help pay for their kidney treatments so they can get the medicine and doctors they need to stay healthy.

Who & Where It Applies

Impacted groups
Undocumented immigrantsQualified non-citizensDialysis patientsHospitals and dialysis centersTaxpayers
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 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.
  • 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.
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.
  • 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.

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 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.