R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 40-8-1 (2026)

Declaration of policy

✓ current as of July 2026
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(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care and who, except for income and resource requirements, would be eligible for aid or assistance under § 40-5.1-9 [repealed] or § 40-6-27; and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this state who possess the characteristics of persons receiving public assistance under the provisions of § 40-5.1-9 [repealed] or § 40-6-27, and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice.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 the 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 the 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 the person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.

Notes of Decisions
Cited in 6 cases, 1982–2014 · leading case: Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
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Arnold v. Lebel, 941 A.2d 813 (R.I. 2007). · cites it 2× “2005) (citing G.L.1956 § 40-8-1). Permanently and totally disabled adults are among those who are eligible for the program’s medical assistance.”
Esposito v. O'HAIR, 886 A.2d 1197 (R.I. 2005). · cites it 4× “G.L.1956 § 40-8-1. 6 To be eligible for Medicaid assistance, a person must have “insufficient income and resources” and fall within one of five categories of recipients.”
In Re Grand Jury Investigation, 441 A.2d 525 (R.I. 1982). “General Laws 1956 (1977 Reenactment) § 40-8-1, declares that it is “the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance * * * and who do not have the income and resources to…”
Rhode Island Ambulance Servs., Inc. v. Begin (In Re Rhode Island Ambulance Servs., Inc.), 92 B.R. 4 (Bankr. D.R.I. 1988). “LAWS § 40-8-1, et seq. (1956, reenacted 1985).”
Carrillo v. Rohrer, 448 A.2d 1282 (R.I. 1982). “1956 (1977 Reenactment) §§ 40-8-1 to -14 and title 19 of the Social Security Act, 42 U.”
Holmes v. Constantino, 999 F. Supp. 2d 345 (D.R.I. 2014). “Laws §§ 40-8-1 et seq. Its purpose is to provide assistance for medical care and treatment to those in need.”
R.I. Gen. Laws § 40-8-1(c): 1 case
Esposito v. O'HAIR, 886 A.2d 1197 (R.I. 2005). “G.L.1956 § 40-8-1. 6 To be eligible for Medicaid assistance, a person must have “insufficient income and resources” and fall within one of five categories of recipients.”
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