Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0050 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- S 0050
6	6	========
7	7	LC000276
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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 Lauria, Lawson, Pearson, Valverde, DiMario, Kallman, Murray,
18	18	Felag, Urso, and Ujifusa
19	19	Date Introduced: January 23, 2025
20	20	Referred To: Senate Health & Human Services
21	21
22	22
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	established pursuant to § 23-1.12-3. 13
37	37	(4) "Family" means a child and the child's parent, parents or legal guardian, as the case 14
38	38	may be, who is legally responsible for the child's medical expenses. 15
39	39	(5) "Fund" means the catastrophic illness in children relief fund established pursuant to § 16
40	40	23-1.12-2. 17
41	41	(6) "Income" means all money received for work or in exchange for labor or goods or 18
42	42
43	43
44	44	LC000276 - Page 2 of 7
45	45	received through investments. 1
46	46	(7) "Resident" means a person legally domiciled within the state for a period of three (3) 2
47	47	months immediately preceding the date of application for inclusion in the program. Mere seasonal 3
48	48	or temporary residence within the state, of whatever duration, does not constitute domicile. 4
49	49	Absence from this state for a period of twelve (12) months or more is prima facie evidence of 5
50	50	abandonment of domicile. The burden of establishing legal domicile within the state is upon the 6
51	51	parent, parents or legal guardian of a child. 7
52	52	23-1.12-2. Catastrophic illness in children relief fund. 8
53	53	(a) The catastrophic illness in children relief fund is hereby established as a nonlapsing, 9
54	54	revolving fund. The fund shall be administered by the commission, and shall be credited with 10
55	55	monies received pursuant to § 23-1.12-10. 11
56	56	(b) The general treasurer shall be custodian of the fund and all disbursements from the fund 12
57	57	shall be made by the treasurer upon vouchers signed by the chairman of the commission. The 13
58	58	monies in the fund shall be invested and reinvested by the treasurer as are other trust funds in the 14
59	59	custody of the general treasurer in the manner provided by law. Interest received on the monies in 15
60	60	the fund shall be credited to the fund. 16
61	61	23-1.12-3. Catastrophic illness in children relief fund commission. 17
62	62	(a) There is hereby established in the executive department of the state government the 18
63	63	catastrophic illness in children relief fund commission composed of nine (9) members. The 19
64	64	commission shall consist of the director of the department of children, youth and families, the 20
65	65	director of the department of human services, the director of the department of business regulation, 21
66	66	the general treasurer, all of whom shall be ex officio members, and five (5) public members who 22
67	67	are residents of this state, appointed by the governor with the advice and consent of the senate, for 23
68	68	terms of five (5) years, two (2) of whom to be appointed after consultation with the president of the 24
69	69	senate, with one of whom a provider of health care services to children in this state; and two (2) of 25
70	70	whom to be appointed after consultation with the speaker of the house of representatives, with one 26
71	71	of whom a provider of health care services to children in this state. The five (5) public members 27
72	72	initially appointed by the governor shall serve for terms of one, two (2), three (3), four (4) and five 28
73	73	(5) years, respectively, as designated by the governor. 29
74	74	(b) Each member shall hold office for the term of their appointment and until their 30
75	75	successor has been appointed and qualified. A member of the commission is eligible for 31
76	76	reappointment. 32
77	77	(c) Any vacancies in the membership of the commission occurring other than by the 33
78	78	expiration of a term shall be filled in the same manner as the original appointment, but for the 34
79	79
80	80
81	81	LC000276 - Page 3 of 7
82	82	unexpired term only. 1
83	83	(d) Each ex officio member of the commission may designate an officer or employee of 2
84	84	the ex officio member's department to represent the member at meetings of the commission, and 3
85	85	each designee may lawfully act on behalf of the member as the designee. Any designation shall be 4
86	86	in writing delivered to the commission and filed with the office of the secretary of state and shall 5
87	87	continue in effect until revoked or amended in the same manner as provided for designation. 6
88	88	23-1.12-4. Suspension and oaths. 7
89	89	Each member of the commission may be removed from office by the governor, for cause, 8
90	90	after a public hearing and may be suspended by the governor pending the completion of the hearing. 9
91	91	Each member of the commission before entering upon their duties shall take and subscribe to an 10
92	92	oath to perform the duties of the office faithfully, impartially and justly to the best of the member's 11
93	93	ability. A record of the oaths shall be filed in the office of the secretary of state. 12
94	94	23-1.12-5. Officers and quorum. 13
95	95	(a) The members shall elect a chairperson who shall serve as chief executive officer of the 14
96	96	commission and shall be one of the public members of the commission. The commission shall by 15
97	97	rule determine the term of office of the chairperson and chief executive officer. The members shall 16
98	98	elect a secretary and a treasurer who need not be members of the commission and the same person 17
99	99	may be elected to serve both as secretary and treasurer. 18
100	100	(b) The powers of the commission are vested in the members thereof in office from time 19
101	101	to time and five (5) members of the commission shall constitute a quorum at any meeting thereof. 20
102	102	Action may be taken and motions and resolutions adopted by the commission at any meeting 21
103	103	thereof by the affirmative vote of at least five (5) members of the commission. A vacancy in the 22
104	104	membership of the commission shall not impair the right of a quorum to exercise all the powers 23
105	105	and perform all the duties of the commission. 24
106	106	(c) The members of the commission shall serve without compensation; provided, that the 25
107	107	commission shall reimburse its members for the reasonable expenses incurred in the performance 26
108	108	of their duties based upon the monies available in the fund. 27
109	109	(d) The commission shall be appointed within three (3) months after the effective date of 28
110	110	this chapter and shall organize as soon as may be practicable after the appointment of its members. 29
111	111	23-1.12-6. Powers and duties. 30
112	112	The commission shall have, but is not limited to, the following powers and duties: 31
113	113	(1) Establish a program for the purposes of this chapter, administer the fund and authorize 32
114	114	the payment or reimbursement of the medical expenses of children with catastrophic illnesses; 33
115	115	(2) Establish procedures for application to the program, determining the eligibility for the 34
116	116
117	117
118	118	LC000276 - Page 4 of 7
119	119	payment or reimbursement of medical expenses for each child, and processing fund awards and 1
120	120	appeals; 2
121	121	(3) Establish procedures to provide that, in the case of an illness or condition for which the 3
122	122	family, after receiving assistance pursuant to this chapter, recovers damages for the child's medical 4
123	123	expenses pursuant to a settlement or judgment in a legal action, the family shall reimburse the fund 5
124	124	for the amount of assistance received, or that portion thereof covered by the amount of the damages 6
125	125	less the expense of recovery; 7
126	126	(4) Establish the amount of reimbursement for the medical expenses of each child using a 8
127	127	sliding fee scale based on a family's ability to pay for medical expenses which takes into account 9
128	128	family size, family income and assets and family medical expenses and adjust the financial 10
129	129	eligibility criteria established in the definition of catastrophic illness pursuant to § 23-1.12-1 based 11
130	130	upon the monies available in the fund; 12
131	131	(5) Disseminate information on the fund and the program to the public; 13
132	132	(6) Adopt bylaws for the regulation of its affairs and the conduct of its business, adopt an 14
133	133	official seal and alter the same at pleasure, maintain an office at the place within the state as it may 15
134	134	designate, and sue and be sued in its own name; 16
135	135	(7) Appoint, retain or employ staff, experts or consultants on a contract basis or otherwise, 17
136	136	who are deemed necessary, and employ investigators or other professionally qualified personnel as 18
137	137	may be within the limits of funds appropriated or otherwise made available to it to accomplish its 19
138	138	purposes; 20
139	139	(8) Maintain confidential records on each child who applies for assistance under the fund; 21
140	140	(9) Take all actions deemed necessary to implement the purposes of this chapter; and 22
141	141	(10) Adopt rules and regulations in accordance with chapter 35 of title 42 ("administrative 23
142	142	procedures"), necessary to effectuate the purposes of this chapter. 24
143	143	23-1.12-7. Settlement of claims. 25
144	144	The commission is authorized to negotiate or settle a claim that the fund maintains for 26
145	145	reimbursement against a family who has received assistance for the medical expenses of a child 27
146	146	with a catastrophic illness pursuant to this chapter and has recovered damages in a legal action for 28
147	147	the child's medical expenses. Money recovered pursuant to this section shall be deposited in the 29
148	148	fund. 30
149	149	23-1.12-8. Eligibility. 31
150	150	(a) A child who is a resident of this state is eligible, through the child's parent, parents or 32
151	151	legal guardian, to apply to the program established pursuant to § 23-1.12-6. 33
152	152	(b) In the event a family has more than one child with a catastrophic illness, as defined 34
153	153
154	154
155	155	LC000276 - Page 5 of 7
156	156	pursuant to § 23-1.12-1, the commission shall waive the family responsibility, as established by 1
157	157	rule or regulation, for the other child if the family has met the family responsibility for the first 2
158	158	child in a state fiscal year. 3
159	159	23-1.12-9. Financial assistance. 4
160	160	Whenever a child has a catastrophic illness and is eligible for the program, the child, 5
161	161	through the child's parent, parents or legal guardian, shall receive financial assistance from monies 6
162	162	in the fund subject to the rules and regulations established by the commission and the availability 7
163	163	of monies in the fund. The financial assistance shall include, but is not limited to, payments or 8
164	164	reimbursements for the cost of medical treatment, hospital care, drugs, nursing care and physician 9
165	165	services. 10
166	166	23-1.12-10. Annual surcharge per employee subject to the employer security act. 11
167	167	For the purpose of providing the monies necessary to establish and meet the purposes of 12
168	168	the fund, the commission shall establish a one dollar and fifty cent ($1.50) annual surcharge per 13
169	169	employee upon all employers who are subject to the employment security laws pursuant to chapters 14
170	170	42, 43 and 44 of title 28. The surcharge shall be collected by the director of the department of 15
171	171	labor and training and paid over to the general treasurer for deposit in the fund annually as provided 16
172	172	by the commission. 17
173	173	23-1.12-11. Rules and regulations. 18
174	174	The general treasurer shall adopt rules and regulations establishing procedures for the 19
175	175	collection of the surcharge contained in § 23-1.12-10. 20
176	176	23-1.12-12. Annual reports. 21
177	177	(a) The commission shall report annually to the governor and to the committees of the 22
178	178	senate and house of representatives with responsibility for issues affecting children, health and 23
179	179	human services on the status of the program. The report shall include the following information: 24
180	180	(1) The number of participants in the program; 25
181	181	(2) Average expenditures per participant; 26
182	182	(3) The nature and type of catastrophic illnesses for which the fund provided financial 27
183	183	assistance; and 28
184	184	(4) The average income and expenditures of families who received financial assistance 29
185	185	under the program. 30
186	186	(b) The commission also may make recommendations for changes in the law and 31
187	187	regulations governing the fund to the general assembly as a portion of its report. 32
188	188
189	189
190	190	LC000276 - Page 6 of 7
191	191	SECTION 2. This act shall take effect upon passage. 1
192	192	========
193	193	LC000276
194	194	========
195	195
196	196
197	197	LC000276 - Page 7 of 7
198	198	EXPLANATION
199	199	BY THE LEGISLATIVE COUNCIL
200	200	OF
201	201	A N A C T
202	202	RELATING TO HEALTH AND SAFETY - CATASTROPHIC ILLNESS IN CHILDREN
203	203	RELIEF FUND
204	204	***
205	205	This act would establish the Catastrophic Illness in Children Relief Fund to provide 1
206	206	financial assistance to families with children age twenty-one (21) years and younger stricken by a 2
207	207	catastrophic illness for medical expenses not covered by any other state or federal program or any 3
208	208	insurance contract. A nine (9) member commission would establish and administer a program to 4
209	209	achieve the purposes of the fund. 5
210	210	This act would take effect upon passage. 6
211	211	========
212	212	LC000276
213	213	========
214	214