Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0132 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0132
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7	7	LC000351
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABI LITIES AND
16	16	HOSPITALS -- DEPARTMENT OF BEHAVI ORAL HEALTHCARE, DEV ELOPMENTAL
17	17	DISABILITIES AND HOSPITALS
18	18	Introduced By: Senators Raptakis, de la Cruz, Euer, Murray, and Acosta
19	19	Date Introduced: February 01, 2023
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 40.1-1-10 of the General Laws in Chapter 40.1-1 entitled 1
25	25	"Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" is hereby 2
26	26	amended to read as follows: 3
27	27	40.1-1-10. Parent deinstitutionalization subsidy aid program. Deinstitutionalization 4
28	28	subsidy aid program. 5
29	29	(a) There is hereby established within the department of behavioral healthcare, 6
30	30	developmental disabilities and hospitals a deinstitutionalization subsidy aid program. The program 7
31	31	is founded for the express purpose of providing financial assistance or subsidy aid to the qualified 8
32	32	parent applicant, or if the parent is not able to care for the person then an appropriate relative as 9
33	33	defined in this chapter, who is found and certified to be qualified by the director of behavioral 10
34	34	healthcare, developmental disabilities and hospitals to receive and take into his or her care, custody, 11
35	35	and control a person under the legal authority and control of the director of behavioral healthcare, 12
36	36	developmental disabilities and hospitals who is and has been a resident or patient of the Dr. Joseph 13
37	37	H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the 14
38	38	general hospital, or a resident in an out-of-state institution, who would have been eligible for 15
39	39	placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital or the institute 16
40	40	of mental health or the general hospital for a period of time not less than ninety (90) days, or would 17
41	41	be a resident or patient of one of the facilities listed in this section for a period of ninety (90) days 18
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44	44	LC000351 - Page 2 of 5
45	45	or more if a specialized community program were not developed to meet the person’s particular 1
46	46	and/or unique needs and meets the eligibility criteria contained in § 40.1-21-4.3. 2
47	47	(b) The general assembly hereby finds that such a parent deinstitutionalization program 3
48	48	would promote the general welfare of the citizens of the state and further the purpose of providing 4
49	49	deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid 5
50	50	to the qualified parent applicant or an appropriate relative of the institutionalized person. It is further 6
51	51	found that the program is established for the purpose of providing subsidy aid to assist and make 7
52	52	available non-institutional care, support, and training when it is found to be in the best interests of 8
53	53	the health and welfare of the institutionalized person and where that placement may be made and 9
54	54	certified by the director of behavioral healthcare, developmental disabilities and hospitals to the 10
55	55	qualified parent applicant. 11
56	56	(c) The director of behavioral healthcare, developmental disabilities and hospitals is hereby 12
57	57	vested with the authority to promulgate rules and regulations as are deemed necessary and in the 13
58	58	public interest to establish and place into operation the parent deinstitutionalization program and 14
59	59	authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative 15
60	60	who receives into his or her care, custody, and control a person under the legal authority and control 16
61	61	of the director of behavioral healthcare, developmental disabilities and hospitals who is or has been 17
62	62	a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, 18
63	63	at the institute of mental health or the general hospital or a resident or patient in an out-of-state 19
64	64	institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. 20
65	65	Zambarano Memorial Hospital, or the institute of mental health, or the general hospital. 21
66	66	(d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not be 22
67	67	limited to, the following areas of concern: 23
68	68	(1) The establishment of eligibility and other requirements for the qualification and 24
69	69	certification of the parent applicant applying for subsidy aid under this chapter; 25
70	70	(2) The establishment of eligibility and other requirements for the qualification and 26
71	71	certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr. U.E. 27
72	72	Zambarano Memorial Hospital, or the institute of mental health or the general hospital, under this 28
73	73	program as set forth in this chapter or a resident or patient in an out-of-state institution under this 29
74	74	program as set forth in this chapter; 30
75	75	(3) The establishment of such other eligibility, certification, and qualification standards 31
76	76	and guidelines for the person or the parent applicant or an appropriate relative to which the program 32
77	77	applies as may be deemed reasonable and in the public interest; 33
78	78	(4) The establishment of such licensing, regulating, inspection, monitoring, investigation, 34
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82	82	and evaluation standards and requirements for the placement, care, support, custody, and training 1
83	83	of the person as are deemed reasonable and in the public interest under this chapter; 2
84	84	(5) The periodic inspection, review, and evaluation of the care, support, and treatment 3
85	85	afforded the person placed in the home of the qualified parent applicant or an appropriate relative 4
86	86	under this program and the making and implementation of such recommendations as are deemed 5
87	87	necessary for the continued health, safety, and welfare of the person in accordance with the 6
88	88	provisions of this chapter; 7
89	89	(6) The establishment and implementation of such other standards, safeguards, and 8
90	90	protections as are deemed necessary and in the public interest to protect the health, safety, and 9
91	91	welfare of the person placed under the program or in determining and certifying initial and/or 10
92	92	continuing eligibility requirements as the director of the department of behavioral healthcare, 11
93	93	developmental disabilities and hospitals shall in his or her discretion deem to be necessary and 12
94	94	appropriate, including, specifically, the authority to recall and return the child or adult to the 13
95	95	custody and control of the state and the director of behavioral healthcare, developmental disabilities 14
96	96	and hospitals into any care or placement program as the director may in his or her discretion order 15
97	97	and direct, including therein summary removal from the custody of the qualified parent applicant 16
98	98	or an appropriate relative and return to the state institution or out-of-state institution. 17
99	99	(e) For the purpose of this chapter the words “qualified parent applicant” shall mean any 18
100	100	natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive parents 19
101	101	jointly, or a court-appointed guardian or both foster parents jointly, or as defined by rules or 20
102	102	regulations established by the department of behavioral healthcare, developmental disabilities and 21
103	103	hospitals who may apply for inclusion in the behavioral healthcare, developmental disabilities and 22
104	104	hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation 23
105	105	where the natural or adoptive parents are divorced or separated, or where one of the parents is 24
106	106	deceased, the words “parent” or “parent applicant” shall mean the parent legally having or giving 25
107	107	custody to the person who may apply for inclusion in behavioral healthcare, developmental 26
108	108	disabilities and hospitals deinstitutionalization subsidy aid program as set forth in this chapter. 27
109	109	(f)(1) For the purpose of this chapter, the words “appropriate relative” shall mean an 28
110	110	interested and approved relative of the adult, or adoptive parent(s) or sibling(s) of the adult. 29
111	111	(2) For the purpose of this chapter the words “subsidy aid” shall mean payment or 30
112	112	continued payment to a parent applicant pursuant to the rules and regulations established by the 31
113	113	director of behavioral healthcare, developmental disabilities and hospitals for deinstitutionalization 32
114	114	subsidy aid program as set forth in this chapter. 33
115	115	(g) Alternatives to institutional care. The department of behavioral healthcare, 34
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119	119	developmental disabilities and hospitals is hereby directed to develop options, fiscal impact 1
120	120	analysis, and recommendations for the expansion of shared living services to siblings of individua ls 2
121	121	with developmental disabilities who are no longer able to be cared for at home by aging parents. 3
122	122	The department shall submit these recommendations to the governor, and to the general assembly 4
123	123	by December 31, 2013. 5
124	124	SECTION 2. This act shall take effect upon passage. 6
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126	126	LC000351
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131	131	EXPLANATION
132	132	BY THE LEGISLATIVE COUNCIL
133	133	OF
134	134	A N A C T
135	135	RELATING TO BEHAVIORAL HEALTHCARE, DEVEL OPMENTAL DISABILITIES AND
136	136	HOSPITALS -- DEPARTMENT OF BEHAVI ORAL HEALTHCARE, DEV ELOPMENTAL
137	137	DISABILITIES AND HOSPITALS
138	138	***
139	139	This act would expand the deinstitutionalization subsidy aid program in the department of 1
140	140	behavioral healthcare, developmental disabilities and hospitals to include adoptive parent(s) or 2
141	141	siblings(s), and would allow such adoptive parent(s) or sibling(s) to care for a child or adult if the 3
142	142	parent was unable to do so. This act would also allow such adoptive parent(s) or sibling(s) who are 4
143	143	providing care to receive a subsidy through the aid program. 5
144	144	This act would take effect upon passage. 6
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146	146	LC000351
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