§ 40-8-22 - Protection of resources – Long-term care insurance partnership program.
SECTION 40-8-22
§ 40-8-22 Protection of resources –Long-term care insurance partnership program. – (a) The department of human services shall coordinate a program entitled theRhode Island Partnership for Long Term Care whereby private insurance and fundsmay be utilized to finance long term care. The department shall seekappropriate amendments to its state plan for medical assistance under TitleXIX, 42 U.S.C. § 1396 et seq., of the Social Security Act (Medicaid), orwaivers of state plan requirements, to allow protection of resources and incomepursuant to this section. The protection shall be provided, to the extentapproved by the federal centers for Medicare and Medicaid services, for anypurchaser of a precertified long-term care policy delivered, issued fordelivery or renewal and shall last for the life of the purchaser.Notwithstanding any provision of the general laws, the resources of such anindividual, to the extent such resources are equal to the amount of qualifyinglong-term care insurance benefits payments provided pursuant to a policy oflong-term care issuance precertified in accordance with department regulationsand chapter 34.2 of title 27, shall not be considered by the department in adetermination of: (1) his or her eligibility for Medicaid; (2) the amount ofany Medicaid payment; or (3) in any subsequent recovery by the state of apayment for medical services. Such precertified policies shall be known as"Medicaid qualifying long-term care partnership policies".
(b) The department shall count insurance benefit paymentstoward resource exclusion to the extent such payments: (1) are for servicescovered under the state plan for medical assistance including nursing homecare, or formal services delivered to insureds in the community as part of acare plan; (2) are for the lower of the actual charge or the amount paid by theinsurance company; and (3) are for services provided after the individual meetsthe coverage requirements for long-term care benefits established by thedepartment for this program. The department shall adopt rules and regulationsto implement the provisions of this section and relating to determiningeligibility of applicants for Medicaid and the coverage requirements forlong-term care benefits.