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5 | 5 | | 2023 -- H 5998 |
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7 | 7 | | LC002211 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND |
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16 | 16 | | HUMAN SERVICES |
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17 | 17 | | Introduced By: Representatives Spears, Tanzi, Casimiro, Fenton-Fung, Morales, Henries, |
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18 | 18 | | Cortvriend, and Kislak |
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19 | 19 | | Date Introduced: March 01, 2023 |
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20 | 20 | | Referred To: House Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of 1 |
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25 | 25 | | Health and Human Services" is hereby amended to read as follows: 2 |
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26 | 26 | | 42-7.2-5. Duties of the secretary. 3 |
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27 | 27 | | The secretary shall be subject to the direction and supervision of the governor for the 4 |
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28 | 28 | | oversight, coordination, and cohesive direction of state-administered health and human services 5 |
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29 | 29 | | and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this 6 |
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30 | 30 | | capacity, the secretary of the executive office of health and human services (EOHHS) shall be 7 |
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31 | 31 | | authorized to: 8 |
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32 | 32 | | (1) Coordinate the administration and financing of healthcare benefits, human services, and 9 |
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33 | 33 | | programs including those authorized by the state’s Medicaid section 1115 demonstration waiver 10 |
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34 | 34 | | and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act. 11 |
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35 | 35 | | However, nothing in this section shall be construed as transferring to the secretary the powers, 12 |
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36 | 36 | | duties, or functions conferred upon the departments by Rhode Island public and general laws for 13 |
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37 | 37 | | the administration of federal/state programs financed in whole or in part with Medicaid funds or 14 |
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38 | 38 | | the administrative responsibility for the preparation and submission of any state plans, state plan 15 |
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39 | 39 | | amendments, or authorized federal waiver applications, once approved by the secretary. 16 |
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40 | 40 | | (2) Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid 17 |
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41 | 41 | | reform issues as well as the principal point of contact in the state on any such related matters. 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002211 - Page 2 of 6 |
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45 | 45 | | (3)(i) Review and ensure the coordination of the state’s Medicaid section 1115 1 |
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46 | 46 | | demonstration waiver requests and renewals as well as any initiatives and proposals requiring 2 |
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47 | 47 | | amendments to the Medicaid state plan or formal amendment changes, as described in the special 3 |
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48 | 48 | | terms and conditions of the state’s Medicaid section 1115 demonstration waiver with the potential 4 |
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49 | 49 | | to affect the scope, amount or duration of publicly funded healthcare services, provider payments 5 |
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50 | 50 | | or reimbursements, or access to or the availability of benefits and services as provided by Rhode 6 |
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51 | 51 | | Island general and public laws. The secretary shall consider whether any such changes are legally 7 |
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52 | 52 | | and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall 8 |
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53 | 53 | | also assess whether a proposed change is capable of obtaining the necessary approvals from federal 9 |
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54 | 54 | | officials and achieving the expected positive consumer outcomes. Department directors shall, 10 |
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55 | 55 | | within the timelines specified, provide any information and resources the secretary deems necessary 11 |
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56 | 56 | | in order to perform the reviews authorized in this section. 12 |
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57 | 57 | | (ii) Direct the development and implementation of any Medicaid policies, procedures, or 13 |
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58 | 58 | | systems that may be required to assure successful operation of the state’s health and human services 14 |
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59 | 59 | | integrated eligibility system and coordination with HealthSource RI, the state’s health insurance 15 |
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60 | 60 | | marketplace. 16 |
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61 | 61 | | (iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the 17 |
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62 | 62 | | Medicaid eligibility criteria for one or more of the populations covered under the state plan or a 18 |
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63 | 63 | | waiver to ensure consistency with federal and state laws and policies, coordinate and align systems, 19 |
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64 | 64 | | and identify areas for improving quality assurance, fair and equitable access to services, and 20 |
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65 | 65 | | opportunities for additional financial participation. 21 |
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66 | 66 | | (iv) Implement service organization and delivery reforms that facilitate service integration, 22 |
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67 | 67 | | increase value, and improve quality and health outcomes. 23 |
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68 | 68 | | (4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house 24 |
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69 | 69 | | and senate finance committees, the caseload estimating conference, and to the joint legislative 25 |
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70 | 70 | | committee for health-care oversight, by no later than September 15 of each year, a comprehensive 26 |
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71 | 71 | | overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The 27 |
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72 | 72 | | overview shall include, but not be limited to, the following information: 28 |
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73 | 73 | | (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended; 29 |
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74 | 74 | | (ii) Expenditures, outcomes and utilization rates by population and sub-population served 30 |
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75 | 75 | | (e.g., families with children, persons with disabilities, children in foster care, children receiving 31 |
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76 | 76 | | adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders); 32 |
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77 | 77 | | (iii) Expenditures, outcomes and utilization rates by each state department or other 33 |
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78 | 78 | | municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC002211 - Page 3 of 6 |
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82 | 82 | | Security Act, as amended; 1 |
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83 | 83 | | (iv) Expenditures, outcomes and utilization rates by type of service and/or service provider; 2 |
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84 | 84 | | and 3 |
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85 | 85 | | (v) Expenditures by mandatory population receiving mandatory services and, reported 4 |
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86 | 86 | | separately, optional services, as well as optional populations receiving mandatory services and, 5 |
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87 | 87 | | reported separately, optional services for each state agency receiving Title XIX and XXI funds. 6 |
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88 | 88 | | The directors of the departments, as well as local governments and school departments, 7 |
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89 | 89 | | shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever 8 |
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90 | 90 | | resources, information and support shall be necessary. 9 |
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91 | 91 | | (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among 10 |
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92 | 92 | | departments and their executive staffs and make necessary recommendations to the governor. 11 |
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93 | 93 | | (6) Ensure continued progress toward improving the quality, the economy, the 12 |
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94 | 94 | | accountability and the efficiency of state-administered health and human services. In this capacity, 13 |
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95 | 95 | | the secretary shall: 14 |
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96 | 96 | | (i) Direct implementation of reforms in the human resources practices of the executive 15 |
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97 | 97 | | office and the departments that streamline and upgrade services, achieve greater economies of scale 16 |
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98 | 98 | | and establish the coordinated system of the staff education, cross-training, and career development 17 |
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99 | 99 | | services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human 18 |
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100 | 100 | | services workforce; 19 |
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101 | 101 | | (ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery 20 |
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102 | 102 | | that expand their capacity to respond efficiently and responsibly to the diverse and changing needs 21 |
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103 | 103 | | of the people and communities they serve; 22 |
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104 | 104 | | (iii) Develop all opportunities to maximize resources by leveraging the state’s purchasing 23 |
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105 | 105 | | power, centralizing fiscal service functions related to budget, finance, and procurement, 24 |
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106 | 106 | | centralizing communication, policy analysis and planning, and information systems and data 25 |
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107 | 107 | | management, pursuing alternative funding sources through grants, awards and partnerships and 26 |
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108 | 108 | | securing all available federal financial participation for programs and services provided EOHHS-27 |
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109 | 109 | | wide; 28 |
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110 | 110 | | (iv) Improve the coordination and efficiency of health and human services legal functions 29 |
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111 | 111 | | by centralizing adjudicative and legal services and overseeing their timely and judicious 30 |
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112 | 112 | | administration; 31 |
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113 | 113 | | (v) Facilitate the rebalancing of the long term system by creating an assessment and 32 |
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114 | 114 | | coordination organization or unit for the expressed purpose of developing and implementing 33 |
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115 | 115 | | procedures EOHHS-wide that ensure that the appropriate publicly funded health services are 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC002211 - Page 4 of 6 |
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119 | 119 | | provided at the right time and in the most appropriate and least restrictive setting; 1 |
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120 | 120 | | (vi) Strengthen health and human services program integrity, quality control and 2 |
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121 | 121 | | collections, and recovery activities by consolidating functions within the office in a single unit that 3 |
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122 | 122 | | ensures all affected parties pay their fair share of the cost of services and are aware of alternative 4 |
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123 | 123 | | financing; 5 |
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124 | 124 | | (vii) Assure protective services are available to vulnerable elders and adults with 6 |
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125 | 125 | | developmental and other disabilities by reorganizing existing services, establishing new services 7 |
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126 | 126 | | where gaps exist and centralizing administrative responsibility for oversight of all related initiatives 8 |
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127 | 127 | | and programs. 9 |
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128 | 128 | | (7) Prepare and integrate comprehensive budgets for the health and human services 10 |
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129 | 129 | | departments and any other functions and duties assigned to the office. The budgets shall be 11 |
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130 | 130 | | submitted to the state budget office by the secretary, for consideration by the governor, on behalf 12 |
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131 | 131 | | of the state’s health and human services agencies in accordance with the provisions set forth in § 13 |
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132 | 132 | | 35-3-4. 14 |
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133 | 133 | | (8) Utilize objective data to evaluate health and human services policy goals, resource use 15 |
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134 | 134 | | and outcome evaluation and to perform short and long-term policy planning and development. 16 |
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135 | 135 | | (9) Establishment of an integrated approach to interdepartmental information and data 17 |
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136 | 136 | | management that complements and furthers the goals of the unified health infrastructure project 18 |
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137 | 137 | | initiative and that will facilitate the transition to a consumer-centered integrated system of state 19 |
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138 | 138 | | administered health and human services. 20 |
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139 | 139 | | (10) At the direction of the governor or the general assembly, conduct independent reviews 21 |
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140 | 140 | | of state-administered health and human services programs, policies and related agency actions and 22 |
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141 | 141 | | activities and assist the department directors in identifying strategies to address any issues or areas 23 |
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142 | 142 | | of concern that may emerge thereof. The department directors shall provide any information and 24 |
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143 | 143 | | assistance deemed necessary by the secretary when undertaking such independent reviews. 25 |
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144 | 144 | | (11) Provide regular and timely reports to the governor and make recommendations with 26 |
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145 | 145 | | respect to the state’s health and human services agenda. 27 |
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146 | 146 | | (12) Employ such personnel and contract for such consulting services as may be required 28 |
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147 | 147 | | to perform the powers and duties lawfully conferred upon the secretary. 29 |
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148 | 148 | | (13) Assume responsibility for complying with the provisions of any general or public law 30 |
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149 | 149 | | or regulation related to the disclosure, confidentiality and privacy of any information or records, in 31 |
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150 | 150 | | the possession or under the control of the executive office or the departments assigned to the 32 |
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151 | 151 | | executive office, that may be developed or acquired or transferred at the direction of the governor 33 |
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152 | 152 | | or the secretary for purposes directly connected with the secretary’s duties set forth herein. 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC002211 - Page 5 of 6 |
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156 | 156 | | (14) Hold the director of each health and human services department accountable for their 1 |
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157 | 157 | | administrative, fiscal and program actions in the conduct of the respective powers and duties of 2 |
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158 | 158 | | their agencies. 3 |
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159 | 159 | | (15) For all health and human services programs, develop a sliding scale decrease in 4 |
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160 | 160 | | benefits as a beneficiary’s income increases up to two hundred fifty percent (250%) of the federal 5 |
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161 | 161 | | poverty level. 6 |
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162 | 162 | | SECTION 2. This act shall take effect upon passage. 7 |
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164 | 164 | | LC002211 |
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166 | 166 | | |
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167 | 167 | | |
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168 | 168 | | LC002211 - Page 6 of 6 |
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169 | 169 | | EXPLANATION |
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170 | 170 | | BY THE LEGISLATIVE COUNCIL |
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171 | 171 | | OF |
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172 | 172 | | A N A C T |
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173 | 173 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND |
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174 | 174 | | HUMAN SERVICES |
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175 | 175 | | *** |
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176 | 176 | | This act would authorize the secretary of the executive office of health and human services 1 |
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177 | 177 | | (EOHHS) to develop a sliding scale decrease in benefits as a beneficiary’s income increases up to 2 |
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178 | 178 | | two hundred fifty percent (250%) of the federal poverty level. 3 |
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179 | 179 | | This act would take effect upon passage. 4 |
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181 | 181 | | LC002211 |
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