Chapter 367

2004 -- H 7404 SUBSTITUTE B

Enacted 07/05/04

A N A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES

Introduced By: Representatives Naughton, Giannini, Ginaitt, Rose, and Cerra

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-66.6 of the General Laws entitled "Long-Term Care

Assessment and Care Management Services" is hereby amended by adding thereto the following

section:

42-66.6-5. Community living options. – (a) As part of the long-term care assessment

and care management program as defined in section 42-66.6-2(1), all persons with a disability

who are age sixty-five (65) years of age or younger and who are: (i) seeking admission to or

discharge from a licensed long-term care residential facility including nursing facilities and

licensed assisted living facilities; and/or (ii) any residents of such facilities whose care is paid for

by the state and/or Medicaid, shall be provided with information prepared jointly by the

department and the department of human services in collaboration with the Rhode Island

independent living centers about the availability of the community living option. The information

shall include what home and community-based services and other supportive services are

available and eligible for state and/or Medicaid funding as an option for placement in a long-term

care institution or residential facility in order to secure services in the least restrictive setting

appropriate to their needs.

(b) As used herein: (i) The term “community living option” shall mean providing

opportunities for people with disabilities to choose to live in a less restrictive environment; and

(ii) The term “disability” shall have the same meaning as set forth in section 42-87-1.

(c) Whenever allowable by state and/or Medicaid program requirements, funds that shall

be provided for the long-term care services referred to in this section shall follow individuals as

their placement and/or setting of care changes.

(d) Persons seeking admission to a long-term care facility from an acute care hospital

shall be provided with this information by the hospital’s discharge or social service staff. Persons

being admitted from or discharged to the community shall be provided this information by the

admissions staff on the long-term care facility. Those persons seeking admission to a long-term

care facility on an emergency basis or for skilled care shall be exempt from the provisions of this

subsection.

     SECTION 2. This act shall take effect upon passage.

=======

LC00861/SUB B/3

=======