Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0243 Compare Versions

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

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5	5	2023 -- S 0243
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7	7	LC000101
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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 HEALTH AND SAFETY - CATASTROPHIC ILLNESS IN CHILDREN
16	16	RELIEF FUND
17	17	Introduced By: Senators Lawson, Murray, Euer, DiMario, Cano, Britto, Lauria, Mack,
18	18	and Acosta
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 1.12 3
27	27	CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND 4
28	28	23-1.12-1. Definitions. 5
29	29	When used in this chapter, unless the context requires otherwise: 6
30	30	(1) "Catastrophic illness" means any illness or condition the medical expenses of which are 7
31	31	not covered by any other state or federal program or any insurance contract and exceed ten percent 8
32	32	(10%) of the first one hundred thousand dollars ($100,000) of annual income of a family plus fifteen 9
33	33	percent (15%) of the excess income over one hundred thousand dollars ($100,000). 10
34	34	(2) "Child" means a person twenty-one (21) years of age and younger. 11
35	35	(3) "Commission" means the catastrophic illness in children relief fund commission. 12
36	36	(4) "Family" means a child and the child's parent, parents or legal guardian, as the case 13
37	37	may be, who is legally responsible for the child's medical expenses. 14
38	38	(5) "Fund" means the catastrophic illness in children relief fund. 15
39	39	(6) "Income" means all income, from whatever source derived, actually received by a 16
40	40	family. 17
41	41	(7) "Resident" means a person legally domiciled within the state for a period of three (3) 18
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45	45	months immediately preceding the date of application for inclusion in the program. Mere seasonal 1
46	46	or temporary residence within the state, of whatever duration, does not constitute domicile. 2
47	47	Absence from this state for a period of twelve (12) months or more is prima facie evidence of 3
48	48	abandonment of domicile. The burden of establishing legal domicile within the state is upon the 4
49	49	parent or legal guardian of a child. 5
50	50	23-1.12-2. Catastrophic illness in children relief fund. 6
51	51	(a) The catastrophic illness in children relief fund is hereby established as a nonlapsing, 7
52	52	revolving fund. The fund shall be administered by the commission, and shall be credited with 8
53	53	monies received pursuant to § 23-1.12-10. 9
54	54	(b) The general treasurer shall be custodian of the fund and all disbursements from the fund 10
55	55	shall be made by the treasurer upon vouchers signed by the chairman of the commission. The 11
56	56	monies in the fund shall be invested and reinvested by the treasurer as are other trust funds in the 12
57	57	custody of the general treasurer in the manner provided by law. Interest received on the monies in 13
58	58	the fund shall be credited to the fund. 14
59	59	23-1.12-3. Catastrophic illness in children relief fund commission. 15
60	60	(a) There is hereby established in the executive department of the state government the 16
61	61	catastrophic illness in children relief fund commission composed of nine (9) members. The 17
62	62	commission shall consist of the director for children, youth and families, the director of human 18
63	63	services, the director of the department of business regulation, the general treasurer, who shall be 19
64	64	members ex officio, and five (5) public members who are residents of this state, appointed by the 20
65	65	governor with the advice and consent of the senate, for terms of five (5) years, two (2) of whom 21
66	66	are appointed after consultation with the president of the senate, one of whom is a provider of health 22
67	67	care services to children in this state; and two (2) of whom are appointed after consultation with 23
68	68	the speaker of the house of representatives, one of whom is a provider of health care services to 24
69	69	children in this state. The five (5) public members initially appointed by the governor shall serve 25
70	70	for terms of one, two (2), three (3), four (4) and five (5) years, respectively, as designated by the 26
71	71	governor. 27
72	72	(b) Each member shall hold office for the term of their appointment and until their 28
73	73	successor has been appointed and qualified. A member of the commission is eligible for 29
74	74	reappointment. 30
75	75	(c) Any vacancies in the membership of the commission occurring other than by the 31
76	76	expiration of a term shall be filled in the same manner as the original appointment, but for the 32
77	77	unexpired term only. 33
78	78	(d) Each ex officio member of the commission may designate an officer or employee of 34
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82	82	the ex officio member's department to represent the member at meetings of the commission, and 1
83	83	each designee may lawfully act on behalf of the member as the designee. Any designation shall be 2
84	84	in writing delivered to the commission and filed with the office of the secretary of state and shall 3
85	85	continue in effect until revoked or amended in the same manner as provided for designation. 4
86	86	23-1.12-4. Suspension and oaths. 5
87	87	Each member of the commission may be removed from office by the governor, for cause, 6
88	88	after a public hearing and may be suspended by the governor pending the completion of the hearing. 7
89	89	Each member of the commission before entering upon his or her duties shall take and subscribe to 8
90	90	an oath to perform the duties of his or her office faithfully, impartially and justly to the best of the 9
91	91	member's ability. A record of the oaths shall be filed in the office of the secretary of state. 10
92	92	23-1.12-5. Officers and quorum. 11
93	93	(a) The members shall elect a chairperson and chief executive officer of the commission 12
94	94	who shall be one of the public members of the commission. The commission shall by rule determine 13
95	95	the term of office of the chairperson and chief executive officer. The members shall elect a secretary 14
96	96	and a treasurer who need not be members of the commission and the same person may be elected 15
97	97	to serve both as secretary and treasurer. 16
98	98	(b) The powers of the commission are vested in the members thereof in office from time 17
99	99	to time and five (5) members of the commission shall constitute a quorum at any meeting thereof. 18
100	100	Action may be taken and motions and resolutions adopted by the commission at any meeting 19
101	101	thereof by the affirmative vote of at least five (5) members of the commission. A vacancy in the 20
102	102	membership of the commission shall not impair the right of a quorum to exercise all the powers 21
103	103	and perform all the duties of the commission. 22
104	104	(c) The members of the commission shall serve without compensation, but the commission 23
105	105	shall reimburse its members for the reasonable expenses incurred in the performance of their duties 24
106	106	based upon the monies available in the fund. 25
107	107	(d) The commission shall be appointed within three (3) months after the effective date of 26
108	108	this chapter and shall organize as soon as may be practicable after the appointment of its members. 27
109	109	23-1.12-6. Powers and duties. 28
110	110	The commission shall have, but is not limited to, the following powers and duties: 29
111	111	(1) Establish a program for the purposes of this chapter, administer the fund and authorize 30
112	112	the payment or reimbursement of the medical expenses of children with catastrophic illnesses; 31
113	113	(2) Establish procedures for application to the program, determining the eligibility for the 32
114	114	payment or reimbursement of medical expenses for each child, and processing fund awards and 33
115	115	appeals; 34
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119	119	(3) Establish procedures to provide that, in the case of an illness or condition for which the 1
120	120	family, after receiving assistance pursuant to this chapter, recovers damages for the child's medical 2
121	121	expenses pursuant to a settlement or judgment in a legal action, the family shall reimburse the fund 3
122	122	for the amount of assistance received, or that portion thereof covered by the amount of the damages 4
123	123	less the expense of recovery; 5
124	124	(4) Establish the amount of reimbursement for the medical expenses of each child using a 6
125	125	sliding fee scale based on a family's ability to pay for medical expenses which takes into account 7
126	126	family size, family income and assets and family medical expenses and adjust the financial 8
127	127	eligibility criteria established in the definition of catastrophic illness pursuant to § 23-1.12-1 based 9
128	128	upon the monies available in the fund; 10
129	129	(5) Disseminate information on the fund and the program to the public; 11
130	130	(6) Adopt bylaws for the regulation of its affairs and the conduct of its business, adopt an 12
131	131	official seal and alter the same at pleasure, maintain an office at the place within the state as it may 13
132	132	designate, and sue and be sued in its own name; 14
133	133	(7) Appoint, retain or employ staff, experts or consultants on a contract basis or otherwise, 15
134	134	who are deemed necessary, and employ investigators or other professionally qualified personnel as 16
135	135	may be within the limits of funds appropriated or otherwise made available to it to accomplish its 17
136	136	purposes; 18
137	137	(8) Maintain confidential records on each child who applies for assistance under the fund; 19
138	138	(9) Take all actions deemed necessary to carry out the purposes of this chapter; and 20
139	139	(10) Adopt rules and regulations in accordance with chapter 35 of title 42 ("administrative 21
140	140	procedure"), necessary to effectuate the purposes of this chapter. 22
141	141	23-1.12-7. Settlement of claims. 23
142	142	The commission is authorized to negotiate or settle a claim that the fund maintains for 24
143	143	reimbursement against a family who has received assistance for the medical expenses of a child 25
144	144	with a catastrophic illness pursuant to this chapter and has recovered damages in a legal action for 26
145	145	the child's medical expenses. Money recovered pursuant to this section shall be deposited in the 27
146	146	fund. 28
147	147	23-1.12-8. Eligibility. 29
148	148	(a) A child who is a resident of this state is eligible, through the child's parent or legal 30
149	149	guardian, to apply to the program established pursuant to § 23-1.12-6. 31
150	150	(b) In the event a family has more than one child with a catastrophic illness, as defined 32
151	151	pursuant to § 23-1.12-1, the commission shall waive the family responsibility, as established by 33
152	152	regulation, for the other child if the family has met the family responsibility for the first child in a 34
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156	156	state fiscal year. 1
157	157	23-1.12-9. Financial assistance. 2
158	158	Whenever a child has a catastrophic illness and is eligible for the program, the child, 3
159	159	through the child's parent or legal guardian, shall receive financial assistance from monies in the 4
160	160	fund subject to the rules and regulations established by the commission and the availability of 5
161	161	monies in the fund. The financial assistance shall include, but is not limited to, payments or 6
162	162	reimbursements for the cost of medical treatment, hospital care, drugs, nursing care and physician 7
163	163	services. 8
164	164	23-1.12-10. Annual surcharge per employee subject to the employer security act. 9
165	165	For the purpose of providing the monies necessary to establish and meet the purposes of 10
166	166	the fund, the commission shall establish a one dollar and fifty cent ($1.50) annual surcharge per 11
167	167	employee upon all employers who are subject to the employment security laws pursuant to chapters 12
168	168	42, 43 and 44 of title 28. The surcharge shall be collected by the director of labor and training and 13
169	169	paid over to the general treasurer for deposit in the fund annually as provided by the commission. 14
170	170	23-1.12-11. Rules and regulations. 15
171	171	The general treasurer shall adopt rules and regulations establishing procedures for the 16
172	172	collection of the surcharge contained in § 23-1.12-10. 17
173	173	23-1.12-12. Annual reports. 18
174	174	(a) The commission shall report annually to the governor and to the committees of the 19
175	175	senate and house of representatives with responsibility for issues affecting children, health and 20
176	176	human services on the status of the program. The report shall include the following information: 21
177	177	(1) The number of participants in the program; 22
178	178	(2) Average expenditures per participant; 23
179	179	(3) The nature and type of catastrophic illnesses for which the fund provided financial 24
180	180	assistance; and 25
181	181	(4) The average income and expenditures of families who received financial assistance 26
182	182	under the program. 27
183	183	(b) The commission also may make recommendations for changes in the law and 28
184	184	regulations governing the fund to the general assembly as a portion of its report. 29
185	185	SECTION 2. This act shall take effect upon passage. 30
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192	192	EXPLANATION
193	193	BY THE LEGISLATIVE COUNCIL
194	194	OF
195	195	A N A C T
196	196	RELATING TO HEALTH AND SAFETY - CATASTROPHIC ILLNESS IN CHILDREN
197	197	RELIEF FUND
198	198	***
199	199	This act would establish the Catastrophic Illness in Children Relief Fund to provide 1
200	200	financial assistance to families with children age twenty-one (21) years and younger stricken by a 2
201	201	catastrophic illness for medical expenses not covered by any other state or federal program or any 3
202	202	insurance contract. 4
203	203	This act would take effect upon passage. 5
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