ARTICLE 5 SUBSTITUTE A AS
AMENDED
RELATING TO
GOVERNMENTAL ORGANIZATION
SECTION 1. Sections 42-7.2-2, 42-7.2-5 and 42-7.2-6.1 of the
General Laws in Chapter
42-7.2 entitled “Office of
Health and Human Services” are hereby amended to read as
follows:
42-7.2-2. Executive office of health and human services. --
There is hereby established
within the executive branch of state government an executive
office of health and human services
to serve as the principal agency of the executive branch
of state government for managing the
departments of children, youth and families, elderly affairs,
health, human services, and mental
health, retardation and hospitals. In this capacity, the
office shall:
(a)
Lead the state's five health and human services departments in order to:
(1)
Improve the economy, efficiency, coordination, and quality of health and human
services policy and planning, budgeting and financing.
(2)
Design strategies and implement best practices that foster service access,
consumer
safety and positive outcomes.
(3)
Maximize and leverage funds from all available public and private sources,
including federal financial participation, grants and awards.
(4)
Increase public confidence by conducting independent reviews of health and
human
services issues in order to promote accountability and
coordination across departments.
(5) Ensure that state health and human services policies and
programs are responsive to
changing consumer needs and to the network of community
providers that deliver assistive
services and supports on their behalf.
(b)
Supervise the administrations of federal and state medical assistance programs
by
acting as the single state agency authorized under title XIX
of the U.S. Social Security act, 42
U.S.C. § 1396a et seq., notwithstanding any general or
public law or regulation to the contrary,
and exercising such single state agency authority for
such other federal and state programs as may
be designated by the governor. Except as provided for
herein, Nothing nothing in this
chapter
shall be construed as transferring to the secretary: (1)
The powers, duties or functions conferred
upon the departments by
federal and state programs; or (2) The administrative
responsibility for the preparation and
submission of any state plans, state plan amendments, or federal
waiver applications, as may be
approved from time to time by the secretary with respect to
the foregoing federal and state
programs.
42-7.2-5. Duties of the secretary. -- The secretary
shall be subject to the direction and
supervision of the governor for the oversight, coordination and
cohesive direction of state
administered health and human services and in ensuring the laws
are faithfully executed, not
withstanding any law to the contrary. In this capacity, the
Secretary of Health and Human
Services shall be authorized to:
(1)
Coordinate the administration and financing of health care benefits, human
services
and programs including those authorized by the Global
Consumer Choice Compact Waiver and,
as applicable, the Medicaid State Plan under Title XIX of the US Social Security Act.
However,
nothing in this section shall be construed as transferring to
the secretary the powers, duties or
functions conferred upon the departments by
administration of federal/state programs financed in whole or in
part with Medicaid funds or the
administrative responsibility for the preparation and submission of
any state plans, state plan
amendments, or authorized federal waiver applications.
(2)
Serve as the governor's chief advisor and liaison to federal policymakers on
Medicaid reform issues as well as the principal point
of contact in the state on any such related
matters.
(3)
Review and ensure the coordination of any new departmental waiver Global
Consumer Choice Compact Waiver requests and renewals as well as any initiatives and
proposals
requiring amendments to the Medicaid state plan or category
one (I) or two (II) changes, as
described in the special terms and conditions of the Global
Consumer Choice Compact Waiver
with the potential to affect the scope, amount or duration
of publicly-funded health care services,
provider payments or reimbursements, or access to or the
availability of benefits and services as
provided by
waivers or amendments
changes are legally and fiscally sound and consistent with the state's
policy and budget priorities. The secretary shall also
assess whether a proposed waiver or
amendment change is capable of obtaining the necessary
approvals from federal officials and
achieving the expected positive consumer outcomes. Department
directors shall, within the
timelines specified, provide any information and resources the
secretary deems necessary in order
to perform the reviews authorized in this section;
(4)
Beginning in 2006, prepare and submit to the governor, the chairpersons of the
house and senate finance committees, the caseload
estimating conference, and to the joint
legislative committee for health care oversight, by no later than
February 1 March 15 of each
year, a comprehensive overview of all Medicaid
expenditures outcomes, and utilization rates. The
overview shall include, but not be limited to, the following
information:
(i) Expenditures under Titles XIX and XXI of the Social
Security Act, as amended;
(ii)
Expenditures, outcomes and utilization rates by population and sub-population
served (e.g. families with children, children with
disabilities, children in foster care, children
receiving adoption assistance, adults with disabilities, and
the elderly);
(iii)
Expenditures, outcomes and utilization rates by each state department or other
municipal or public entity receiving federal reimbursement
under Titles XIX and XXI of the
Social Security Act, as amended; and
(iv)
Expenditures, outcomes and utilization rates by type of service and/or
service
provider. The directors of the departments, as well as local
governments and school departments,
shall assist and cooperate with the secretary in fulfilling
this responsibility by providing whatever
resources, information and support shall be necessary.
(5)
Resolve administrative, jurisdictional, operational, program, or policy
conflicts
among departments and their executive staffs and make
necessary recommendations to the
governor.
(6)
Assure continued progress toward improving the quality, the economy, the
accountability and the efficiency of state-administered health and human
services. In this
capacity, the secretary shall:
(i) Direct implementation of reforms in the human resources
practices of the
departments that streamline and upgrade services, achieve greater
economies of scale and
establish the coordinated system of the staff education, cross-
training, and career development
services necessary to recruit and retain a highly-skilled,
responsive, and engaged health and
human services workforce;
(ii)
Encourage the departments to utilize consumer-centered approaches to service
design and delivery that expand their capacity to respond
efficiently and responsibly to the
diverse and changing needs of the people and communities they
serve;
(iii)
Develop all opportunities to maximize resources by leveraging the state's
purchasing power, centralizing fiscal service functions related
to budget, finance, and
procurement, centralizing communication, policy analysis and
planning, and information systems
and data management, pursuing alternative funding sources
through grants, awards and
partnerships and securing all available federal financial
participation for programs and services
provided through the departments; and
(iv)
Improve the coordination and efficiency of health and human services
legal
functions by centralizing adjudicative and legal services and
overseeing their timely and judicious
administration. ;
(v) Facilitate the
rebalancing of the long term system by creating an assessment and
coordination organization or unit for the expressed purpose of
developing and implementing
procedures across departments that ensure that the appropriate
publicly-funded health services are
provided at the right time and in the most appropriate and
least restrictive setting; and
(vi)
Strengthen health and human services program integrity, quality
control and
collections, and recovery activities by consolidating functions
within the office in a single unit
that ensures all affected parties pay their fair share of
the cost of services and are aware of
alternative financing.
(vii) Broaden access
to publicly funded food and nutrition services by consolidating
agency programs and initiatives to eliminate duplication and
overlap and improve the availability
and quality of services; and
(viii) Assure
protective services are available to vulnerable elders and adults with
developmental and other disabilities by reorganizing existing
services, establishing new services
where gaps exist and centralizing administrative
responsibility for oversight of all related
initiatives and programs.
(7) Prepare and
integrate comprehensive budgets for the health and human services
departments and any other functions and duties assigned to the
office. The budgets shall be
submitted to the state budget office by the secretary, for
consideration by the governor, on behalf
of the state's health and human services in accordance
with the provisions set forth in § 35-3-4 of
the
(8) Utilize
objective data to evaluate health and human services policy goals, resource
use and outcome evaluation and to perform short and
long-term policy planning and
development.
(9)
Establishment of an integrated approach to interdepartmental information and
data
management that complements and furthers the goals of the
CHOICES initiative and that will
facilitate the transition to consumer-centered system of state
administered health and human
services.
(10) At the
direction of the governor or the general assembly, conduct independent
reviews of state-administered health and human services
programs, policies and related agency
actions and activities and assist the department directors in
identifying strategies to address any
issues or areas of concern that may emerge thereof. The
department directors shall provide any
information and assistance deemed necessary by the secretary when
undertaking such
independent reviews.
(11) Provide
regular and timely reports to the governor and make recommendations with
respect to the state's health and human services agenda.
(12) Employ
such personnel and contract for such consulting services as may be
required to perform the powers and duties lawfully conferred
upon the secretary.
(13)
Implement the provisions of any general or public law or regulation related to
the
disclosure, confidentiality and privacy of any information or
records, in the possession or under
the control of the executive office or the departments assigned
to the executive office, that may be
developed or acquired for purposes directly connected with the
secretary's duties set forth herein.
(14) Hold the director of each health and human services
department accountable for
their administrative, fiscal and program actions in the
conduct of the respective powers and duties
of their agencies.
42-7.2-6.1. Transfer
of powers and functions. -- (a) There are hereby transferred to the
executive office of health and human services the powers and
functions of the departments with
respect to the following:
(1) By
July 1, 2007, fiscal services including budget preparation and review,
financial
management, purchasing and accounting and any related functions
and duties deemed necessary
by the secretary;
(2) By
July 1, 2007, legal services including applying and interpreting the law,
oversight to the rule-making process, and administrative
adjudication duties and any related
functions and duties deemed necessary by the secretary;
(3) By
September 1, 2007, communications including those functions and services
related to government relations, public education and
outreach and media relations and any
related functions and duties deemed necessary by the
secretary;
(4) By
March 1, 2008, policy analysis and planning including those functions and
services related to the policy development, planning and
evaluation and any related functions and
duties deemed necessary by the secretary; and
(5) By
June 30, 2008, information systems and data management including the
financing, development and maintenance of all data-bases and
information systems and platforms
as well as any related operations deemed necessary by the
secretary;
(6) By October 1,
2009, assessment and coordination for long-term care including those
functions related to determining level of care or need for
services, development of individual
service/care plans and planning, identification of service
options, the pricing of service options
and choice counseling; and
(7) By October 1,
2009, program integrity, quality control and collection and recovery
functions including any that detect fraud and abuse or assure that
beneficiaries, providers, and
third-parties pay their fair share of the cost of services, as well
as any that promote alternatives to
publicly financed services, such as the long-term care health
insurance partnership.
(8) By January 1,
2011, client protective services including any such services provided to
children, elders and adults with developmental and other
disabilities;
(9) By March 1, 2010,
administrative management of food and nutritional services
including food stamps, WIC and any other such programs or
initiatives in which operational
efficiencies that improve access may be achieve through greater
consolidation or coordination of
functions.
(b)
The secretary shall determine in collaboration with the department directors
whether
the officers, employees, agencies, advisory councils,
committees, commissions, and task forces of
the departments who were performing such functions shall
be transferred to the office. Duties that
are incidental to the performance of the functions
transferred to the office in subpart (a) shall
remain with the departments providing that the employees
responsible thereof are performing
functions that have not been transferred.
(c) In
the transference of such functions, the secretary shall be responsible for
ensuring:
(1)
Minimal disruption of services to consumers;
(2)
Elimination of duplication of functions and operations;
(3)
Services are coordinated and functions are consolidated where appropriate;
(4)
Clear lines of authority are delineated and followed;
(5)
Cost-savings are achieved whenever feasible;
(6)
Program application and eligibility determination processes are coordinated
and,
where feasible, integrated; and
(7)
State and federal funds available to the office and the entities therein are
allocated
and utilized for service delivery to the fullest extent
possible.
(d) Except
as provided herein, no provision of this chapter or application thereof shall
be construed to limit or otherwise restrict the
departments of children, youth and families, human
services, elderly affairs, health, and mental health,
retardation, and hospitals from fulfilling any
statutory requirement or complying with any regulation deemed
otherwise valid.
(e) The secretary
shall prepare and submit to the leadership of the house and senate
finance committees, by no later than January 1, 2010, a plan
for restructuring functional
responsibilities across the departments to establish a consumer
centered integrated system of
health and human services that provides high quality and
cost-effective services at the right time
and in the right setting across the life-cycle.
SECTION 2. Section 23-1-8 of the General Laws in Chapter
21-1 is entitled “Department
of Health” is hereby amended to read as follows:
23-1-8. Toxicologist
Forensic Scientist – Crime detection. – The director of health
shall appoint in accordance with law a suitable and
qualified toxicologist forensic scientist to
conduct examinations of evidence in connection with
scientific crime detection, and for that
purpose the director shall cooperate with the
attorney general, and other law enforcement agencies in the
matter of scientific crime detection.
SECTION 3. Section 31-27-2 of the General Laws in Chapter is
12-5 entitled “Motor
Vehicle Offenses” is hereby
amended to read as follows:
31-27-2. Driving under influence of liquor or drugs. –
(a) Whoever drives or
otherwise operates any vehicle in the state while under the
influence of any intoxicating liquor,
drugs, toluene, or any controlled substance as defined in
chapter 28 of title 21, or any
combination of these, shall be guilty of a misdemeanor except as
provided in subdivision (d)(3)
and shall be punished as provided in subsection (d) of
this section.
(b) Any
person charged under subsection (a) of this section whose blood alcohol
concentration is eight one-hundredths of one percent (.08%) or more
by weight as shown by a
chemical analysis of a blood, breath, or urine sample shall be
guilty of violating subsection (a) of
this section. This provision shall not preclude a
conviction based on other admissible evidence.
Proof of guilt under this section may also be based on
evidence that the person charged was under
the influence of intoxicating liquor, drugs, toluene, or
any controlled substance defined in chapter
28 of title 21, or any combination of these, to a
degree which rendered the person incapable of
safely operating a vehicle. The fact that any person charged
with violating this section is or has
been legally entitled to use alcohol or a drug shall not
constitute a defense against any charge of
violating this section.
(2) Whoever drives
or otherwise operates any vehicle in the state with a blood presence
of any scheduled controlled substance as defined within
chapter 28 of title 21, as shown by
analysis of a blood or urine sample, shall be guilty of a
misdemeanor and shall be punished as
provided in subsection (d) of this section.
(c) In any criminal
prosecution for a violation of subsection (a) of this section, evidence
as to the amount of intoxicating liquor, toluene, or any
controlled substance as defined in chapter
28 of title 21, or any combination of these, in the
defendant's blood at the time alleged as shown
by a chemical analysis of the defendant's breath, blood,
or urine or other bodily substance shall be
admissible and competent, provided that evidence is presented
that the following conditions have
been complied with:
(1) The defendant
has consented to the taking of the test upon which the analysis is
made. Evidence that the defendant had refused to submit to
the test shall not be admissible unless
the defendant elects to testify.
(2) A true copy of the
report of the test result was mailed within seventy-two (72) hours
of the taking of the test to the person submitting to a
breath test.
(3) Any person
submitting to a chemical test of blood, urine, or other body fluids shall
have a true copy of the report of the test result mailed
to him or her within thirty (30) days
following the taking of the test.
(4) The test was
performed according to methods and with equipment approved by the
director of the department of health of the state of
(5) Equipment used for
the conduct of the tests by means of breath analysis had been
tested for accuracy within thirty (30) days preceding the
test by personnel qualified as
hereinbefore provided, and breathalyzer operators shall be
qualified and certified by the
department of health within three hundred sixty-five (365) days
of the test.
(6) The person arrested
and charged with operating a motor vehicle while under the
influence of intoxicating liquor, toluene, or any controlled
substance as defined in chapter 28 of
title 21, or, any combination of these in violation of
subsection (a) of this section was afforded the
opportunity to have an additional chemical test. The officer
arresting or so charging the person
shall have informed the person of this right and afforded
him or her a reasonable opportunity to
exercise this right, and a notation to this effect is made in
the official records of the case in the
police department. Refusal to permit an additional chemical
test shall render incompetent and
inadmissible in evidence the original report.
(d) Every person
found to have violated subdivision (b)(1) of this
section shall be
sentenced as follows: for a first violation whose blood alcohol
concentration is eight one-
hundredths of one percent (.08%) but less than one-tenth of one
percent (.1%) by weight or who
has a blood presence of any scheduled controlled
substance as defined in subdivision (b)(2) shall
be subject to a fine of not less than one hundred
dollars ($100) nor more than three hundred
dollars ($300), shall be required to perform ten (10) to
sixty (60) hours of public community
restitution, and/or shall be imprisoned for up to one year. The
sentence may be served in any unit
of the adult correctional institutions in the discretion
of the sentencing judge and/or shall be
required to attend a special course on driving while
intoxicated or under the influence of a
controlled substance, and his or her driver's license shall be
suspended for thirty (30) days up to
one hundred eighty (180) days.
(ii) Every person
convicted of a first violation whose blood alcohol concentration is one-
tenth of one percent (.1%) by weight or above but less than
fifteen hundredths of one percent
(.15%) or whose blood alcohol concentration is unknown
shall be subject to a fine of not less than
one hundred ($100) dollars nor more than four hundred
dollars ($400) and shall be required to
perform ten (10) to sixty (60) hours of public community
restitution and/or shall be imprisoned
for up to one year. The sentence may be served in any
unit of the adult correctional institutions in
the discretion of the sentencing judge. The person's
driving license shall be suspended for a
period of three (3) months to twelve (12) months. The
sentencing judge shall require attendance
at a special course on driving while intoxicated or
under the influence of a controlled substance
and/or alcoholic or drug treatment for the individual.
(iii) Every person
convicted of a first offense whose blood alcohol concentration is
fifteen hundredths of one percent (.15%) or above, or who is
under the influence of a drug,
toluene, or any controlled substance as defined in
subdivision (b)(1) shall be subject to a fine of
five hundred dollars ($500) and shall be required to
perform twenty (20) to sixty (60) hours of
public community restitution and/or shall be imprisoned for
up to one year. The sentence may be
served in any unit of the adult correctional institutions in
the discretion of the sentencing judge.
The person's driving license shall be suspended for a
period of three (3) months to eighteen (18)
months. The sentencing judge shall require attendance at a
special course on driving while
intoxicated or under the influence of a controlled substance
and/or alcohol or drug treatment for
the individual.
(2) Every person
convicted of a second violation within a five (5) year period with a
blood alcohol concentration of eight one-hundredths of one
percent (.08%) or above but less than
fifteen hundredths of one percent (.15%) or whose blood
alcohol concentration is unknown or
who has a blood presence of any controlled substance as
defined in subdivision (b)(2), and every
person convicted of a second violation within a five (5)
year period regardless of whether the
prior violation and subsequent conviction was a violation
and subsequent conviction under this
statute or under the driving under the influence of liquor or
drugs statute of any other state, shall
be subject to a mandatory fine of four hundred dollars
($400). The person's driving license shall
be suspended for a period of one year to two (2) years,
and the individual shall be sentenced to
not less than ten (10) days nor more than one year in
jail. The sentence may be served in any unit
of the adult correctional institutions in the discretion
of the sentencing judge; however, not less
than forty-eight (48) hours of imprisonment shall be
served consecutively. The sentencing judge
shall require alcohol or drug treatment for the individual,
and may prohibit that person from
operating a motor vehicle that is not equipped with an ignition
interlock system for a period of
one year to two (2) years following the completion of the
sentence as provided in § 31-27-2.8.
(ii) Every person
convicted of a second violation within a five (5) year period whose
blood alcohol concentration is fifteen hundredths of one
percent (.15%) or above by weight as
shown by a chemical analysis of a blood, breath, or urine
sample or who is under the influence of
a drug, toluene, or any controlled substance as defined
in subdivision (b)(1) shall be subject to
mandatory imprisonment of not less than six (6) months nor more
than one year, a mandatory fine
of not less than one thousand dollars ($1,000) and a mandatory
license suspension for a period of
two (2) years from the date of completion of the sentence
imposed under this subsection.
(3) Every person
convicted of a third or subsequent violation within a five (5) year period
with a blood alcohol concentration of eight one-hundredths
of one percent (.08%) or above but
less than fifteen hundredths of one percent (.15%) or
whose blood alcohol concentration is
unknown or who has a blood presence of any scheduled
controlled substance as defined in
subdivision (b)(2) regardless of whether any prior violation and
subsequent conviction was a
violation and subsequent conviction under this statute or under
the driving under the influence of
liquor or drugs statute of any other state, shall be guilty
of a felony and be subject to a mandatory
fine of four hundred ($400) dollars. The person's driving
license shall be suspended for a period
of two (2) years to three (3) years, and the individual
shall be sentenced to not less than one year
and not more than three (3) years in jail. The sentence
may be served in any unit of the adult
correctional institutions in the discretion of the sentencing
judge; however, not less than forty-
eight (48) hours of imprisonment shall be served
consecutively. The sentencing judge shall
require alcohol or drug treatment for the individual, and may
prohibit that person from operating
a motor vehicle that is not equipped with an ignition
interlock system for a period of two (2) years
following the completion of the sentence as provided in §
31-27-2.8.
(ii) Every person
convicted of a third or subsequent violation within a five (5) year period
whose blood alcohol concentration is fifteen hundredths of
one percent (.15%) above by weight
as shown by a chemical analysis of a blood, breath, or
urine sample or who is under the influence
of a drug, toluene or any controlled substance as
defined in subdivision (b)(1) shall be subject to
mandatory imprisonment of not less than three (3) years nor
more than five (5) years, a
mandatory fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars
($5,000) and a mandatory license suspension for a
period of three (3) years from the date of
completion of the sentence imposed under this subsection.
(iii) In addition to the
foregoing penalties, every person convicted of a third or
subsequent violation within a five (5) year period regardless of
whether any prior violation and
subsequent conviction was a violation and subsequent conviction
under this statute or under the
driving under the influence of liquor or drugs statute of any
other state shall be subject, in the
discretion of the sentencing judge, to having the vehicle owned
and operated by the violator
seized and sold by the state of
to the general fund.
(4) For purposes of
determining the period of license suspension, a prior violation shall
constitute any charge brought and sustained under the provisions
of this section or § 31-27-2.1.
(ii) Any
person over the age of eighteen (18) who is convicted under this section for
operating a motor vehicle while under the influence of alcohol,
other drugs, or a combination of
these, while a child under the age of thirteen (13) years
was present as a passenger in the motor
vehicle when the offense was committed may be sentenced to a
term of imprisonment of not more
than one year and further shall not be entitled to the
benefit of suspension or deferment of this
sentence. The sentence imposed under this section may be
served in any unit of the adult
correctional institutions in the discretion of the sentencing
judge.
(5)
Any person convicted of a violation under this section shall pay a highway
assessment fine of five hundred dollars ($500) which shall be
deposited into the general fund. The
assessment provided for by this subsection shall be collected
from a violator before any other
fines authorized by this section.
(ii) Any
person convicted of a violation under this section shall be assessed a fee. The
fee shall be as follows:
FISCAL YEAR FISCAL YEAR FISCAL YEAR
1993-1995
1996-1999 2000-2010
$147
$173 $86
(6) If the person
convicted of violating this section is under the age of eighteen (18)
years, for the first violation he or she shall be required
to perform ten (10) to sixty (60) hours of
public community restitution, and the juvenile's driving
license shall be suspended for a period of
six (6) months, and may be suspended for a period up to
eighteen (18) months. The sentencing
judge shall also require attendance at a special course on
driving while intoxicated or under the
influence of a controlled substance and alcohol or drug
education and/or treatment for the
juvenile. The juvenile may also be required to pay a highway
assessment fine of no more than
five hundred dollars ($500), and the assessment imposed
shall be deposited into the general fund.
(ii) If the person
convicted of violating this section is under the age of eighteen (18)
years, for a second or subsequent violation regardless of
whether any prior violation and
subsequent conviction was a violation and subsequent under this
statute or under the driving
under the influence of liquor or drugs statute of any other
state, he or she shall be subject to a
mandatory suspension of his or her driving license until such
time as he or she is twenty-one (21)
years of age and may, in the discretion of the sentencing
judge, also be sentenced to the Rhode
Island training school for a period of not more than
one year and/or a fine of not more than five
hundred dollars ($500).
(7) Any person
convicted of a violation under this section may undergo a clinical
assessment at a facility approved by the department of health
mental health retardation and
hospitals. Should this clinical assessment determine problems
of alcohol, drug abuse, or
psychological problems associated with alcoholic or drug abuse,
this person shall be referred to
the T.A.S.C. (treatment alternatives to street crime)
program for treatment placement, case
management, and monitoring.
(e) Percent
by weight of alcohol in the blood shall be based upon milligrams of alcohol
per one hundred (100) cubic centimeters of blood.
(f) There is
established an alcohol and drug safety unit within the division of motor
vehicles to administer an alcohol safety action program. The
program shall provide for placement
and follow-up for persons who are required to pay the
highway safety assessment. The alcohol
and drug safety action program will be administered in
conjunction with alcohol and drug
programs within the department of health mental
health retardation and hospitals.
(2) Persons
convicted under the provisions of this chapter shall be required to attend a
special course on driving while intoxicated or under the
influence of a controlled substance,
and/or participate in an alcohol or drug treatment program.
The course shall take into
consideration any language barrier which may exist as to any person
ordered to attend, and shall
provide for instruction reasonably calculated to communicate
the purposes of the course in
accordance with the requirements of the subsection. Any costs
reasonably incurred in connection
with the provision of this accommodation shall be borne by
the person being retrained. A copy of
any violation under this section shall be forwarded by
the court to the alcohol and drug safety
unit. In the event that persons convicted under the
provisions of this chapter fail to attend and
complete the above course or treatment program, as ordered by
the judge, then the person may be
brought before the court, and after a hearing as to why the
order of the court was not followed,
may be sentenced to jail for a period not exceeding one
year.
(3) The alcohol and drug
safety action program within the division of motor vehicles
shall be funded by general revenue appropriations.
(g) The directors
of the health department of the state of
make and file with the secretary of state regulations
which prescribe the techniques and methods
of chemical analysis of the person's body fluids or
breath, and the qualifications and certification
of individuals authorized to administer this testing and
analysis.
(h) Jurisdiction for
misdemeanor violations of this section shall be with the district court
for persons eighteen (18) years of age or older and to
the family court for persons under the age
of eighteen (18) years. The courts shall have full
authority to impose any sentence authorized and
to order the suspension of any license for violations of
this section. All trials in the district court
and family court of violations of the section shall be
scheduled within thirty (30) days of the
arraignment date. No continuance or postponement shall be granted
except for good cause shown.
Any continuances that are necessary shall be granted
for the shortest practicable time. Trials in
superior court are not required to be scheduled within thirty
(30) days of the arraignment date.
(i)
No fines, suspensions, assessments, alcohol or drug treatment programs, course
on
driving while intoxicated or under the influence of a
controlled substance, public community
restitution, or jail provided for under this section can be
suspended.
(j) An order
to attend a special course on driving while intoxicated that shall be
administered in cooperation with a college or university
accredited by the state, shall include a
provision to pay a reasonable tuition for the course in an
amount not less than twenty-five dollars
($25.00), and a fee of one hundred seventy-five
dollars ($175), which fee shall be deposited into
the general fund.
(k) For the purposes of
this section, any test of a sample of blood, breath, or urine for the
presence of alcohol, which relies in whole or in part upon the
principle of infrared light
absorption is considered a chemical test.
(l) If any
provision of this section or the application of any provision shall for any
reason
be judged invalid, such a judgment shall not affect,
impair, or invalidate the remainder of the
section, but shall be confined in this effect to the
provision or application directly involved in the
controversy giving rise to the judgment.
SECTION 4. Section 12-1.2-4 of the General Laws in Chapter
12-1.2 entitled "State
Crime Laboratory" is
hereby amended to read as follows:
12-1.2-4.
Funding. -- The state crime laboratory shall be
funded through the budget of
the office of the attorney general department
of health.
SECTION 5. Section 46-12.2-4 of the General Laws in Chapter
46-12.2 entitled "Rhode
Island Clean Water Finance
Agency" is hereby amended to read as follows:
46-12.2-4. General
powers and duties of agency. -- (a) The agency shall have all
powers necessary or convenient to carry out and effectuate
the purposes and provisions of this
chapter, including without limiting the generality of the
foregoing, the powers and duties:
(1) To adopt and amend
bylaws, rules, regulations, and procedures for the governance of
its affairs, the administration of its financial
assistance programs, and the conduct of its business;
(2) To adopt an
official seal;
(3) To maintain an
office at such place or places as it may determine;
(4) To adopt a fiscal
year;
(5) To adopt and
enforce procedures and regulations in connection with the performance
of its functions and duties;
(6) To sue and be sued;
(7) To employ personnel
as provided in section 46-12.2-5, and to engage accounting,
management, legal, financial, consulting and other professional
services;
(8) Except as provided in
this chapter, to receive and apply its revenues to the purposes
of this chapter without appropriation or allotment by
the state or any political subdivision thereof;
(9) To borrow money,
issue bonds, and apply the proceeds thereof, as provided in this
chapter, and to pledge or assign or create security interests
in revenues, funds, and other property
of the agency and otherwise as provided in this chapter,
to pay or secure the bonds; and to invest
any funds held in reserves or in the water pollution
control revolving fund, the
water pollution control revolving fund, or the local
interest subsidy trust fund, or any revenues or
funds not required for immediate disbursement, in such
investments as may be legal investments
for funds of the state;
(10) To obtain
insurance and to enter into agreements of indemnification necessary or
convenient to the exercise of its powers under this chapter;
(11) To apply for,
receive, administer, and comply with the conditions and requirements
respecting any grant, gift, or appropriation of property,
services, or moneys;
(12) To enter into
contracts, arrangements, and agreements with other persons, and
execute and deliver all instruments necessary or convenient
to the exercise of its powers under
this chapter; such contracts and agreements may include
without limitation, loan agreements with
local governmental units, capitalization grant agreements,
intended use plans, operating plans,
and other agreements and instruments contemplated by
title VI of the Clean Water Act, 33 U.S.C.
section 1381 et seq., or this chapter, grant agreements,
contracts for financial assistance or other
forms of assistance from the state or the
agreements and instruments pertaining to bonds;
(13) To authorize a
representative to appear on its own behalf before other public bodies,
including, without limiting the generality of the foregoing,
the congress of the
all matters relating to its powers and purposes;
(14) To provide
financial assistance to local governmental units to finance costs of
approved projects, and to acquire and hold local governmental
obligations at such prices and in
such manner as the agency shall deem advisable, and sell
local governmental obligations acquired
or held by it at prices without relation to cost and in
such manner as the agency shall deem
advisable, and to secure its own bonds with such obligations
all as provided in this chapter;
(15) To establish and
collect such fees and charges as the agency shall determine to be
reasonable;
(16) To acquire, own,
lease as tenant, or hold real, personal or mixed property or any
interest therein for its own use; and to improve, rehabilitate,
sell, assign, exchange, lease as
landlord, mortgage, or otherwise dispose of or encumber the
same;
(17) To do all things
necessary, convenient, or desirable for carrying out the purposes of
this chapter or the powers expressly granted or necessarily
implied by this chapter;
(18) To conduct a
training course for newly appointed and qualified members and new
designees of ex-officio members within six (6) months of their
qualification or designation. The
course shall be developed by the executive director,
approved by the board of directors, and
conducted by the executive director. The board of directors may
approve the use of any board of
directors or staff members or other individuals to assist with
training. The training course shall
include instruction in the following areas: the provisions of
chapters 46-12.2, 42-46, 36-14, and
38-2; and the agency's rules and
regulations. The director of the
department of administration
shall, within ninety (90) days of the effective date of this
act [July 15, 2005] prepare and
disseminate, training materials relating to the provisions of
chapters 42-46, 36-14 and 38-2; and
(19) Upon the
dissolution of the water resources board (corporate) pursuant to section 46-
15.1-22, to have all the powers and duties previously
vested with the water resources board
(corporate), as provided
pursuant to chapter 46-15.1.
(19)(20)
To meet at the call of the chair at least eight (8) times per year. All
meetings
shall be held consistent with chapters 42-46.
(b) Notwithstanding any
other provision of this chapter, the agency shall not be
authorized or empowered:
(1) To be or to
constitute a bank or trust company within the jurisdiction or under the
control of the department of banking and insurance of the
state, or the commissioner thereof, the
comptroller of the currency of the
or
(2) To be or constitute
a bank, banker or dealer in securities within the meaning of, or
subject to the provisions of, any securities, securities
exchange, or securities dealers' law of the
SECTION 6. Chapter 46-15.1 of the General Laws entitled
"Water Supply Facilities" is
hereby amended by adding thereto the following section:
46-15.1-22.
Discontinuation of borrowing authority and abolishment of water
resources board (corporate). -- (a) Notwithstanding any
law to the contrary, including, but not
limited to, section 46-15.1-10, upon the effective date of
this section, the water resources board
(corporate), established as a
body politic and corporate and public instrumentality pursuant to this
chapter, shall be prohibited from borrowing money or issuing
bonds for any purpose.
(b) The water
resources board (corporate) shall continue to repay existing debt until all
such debt is fully repaid. Upon the repayment by the water
resources board (corporate) of all such
existing obligations, the water resources board (corporate)
shall be dissolved and all existing
functions and duties of the water resources board (corporate)
shall be transferred to the Rhode
Island clean water finance agency, a body politic and
corporate and public instrumentality of the
state established pursuant to chapter 46-12.2.
SECTION 7. Chapter 46-15.3 of the General Laws entitled
"Public Drinking Water
Supply System
Protection" is hereby amended by adding thereto the following section:
46-15.3-25.
Transfer of charges to
Notwithstanding any law, rule or regulation to the
contrary, upon the dissolution of the water
resources board (corporate) pursuant to section 46-15.1-22, any
charges remitted to the water
resources board (corporate) pursuant to this chapter shall be
remitted to the
water finance agency, a body politic and corporate and
public instrumentality of the state
established pursuant to chapter 46-12-2.
SECTION 8. Section 40-8.9-4 of the General Laws in Chapter
40-8.9 entitled "Medical
Assistance - Long-Term Care
Service and Finance Reform" is hereby amended to read as
follows:
40-8.9-4. Unified
long-term care budget. -- Beginning on July 1, 2007, a unified long-
term care budget shall combine in a single line-item
appropriation within the department of
human services budget, annual department of human services
Medicaid appropriations for
nursing facility and community-based long-term care services
for elderly sixty-five (65) years and
older and younger persons at risk of nursing home
admissions (including adult day care, home
health, and personal care in assisted living settings).
Beginning on July 1, 2007, the total system
savings attributable to the value of the reduction in nursing
home days including hospice nursing
home days paid for by Medicaid shall be allocated in the
budget enacted by the general assembly
for the ensuing fiscal year for the express purpose of
promoting and strengthening community-
based alternatives.; provided, further, beginning
July 1, 2009, said savings shall be allocated
within the budgets of the department of human services and
the department of elderly affairs.
Beginning on January 1, 2008, the allocation shall
include, but not be limited to, the
establishment of presumptive eligibility criteria for the purposes
of accessing home and
community care. The home and community care service presumptive
eligibility criteria shall be
developed through rule or regulation on or before September 30,
2007.
The caseload estimating
conference pursuant to section 35-17-1 shall determine the
amount of general revenues to be added to the current
service estimate of community based long-
term care services for elderly sixty-five (65) and older
and younger persons at risk of nursing
home admissions for the ensuing budget year by multiplying
the combined cost per day of
nursing home and hospice nursing home days estimated at the
caseload conference for that year
by the reduction in nursing home and hospice nursing
home days from those in the second fiscal
year prior to the current fiscal year to those in the
first fiscal year prior to the current fiscal year.
SECTION 9. Section 31-36-20 of the General Laws in Chapter
31-36 entitled "Motor
Fuel Tax" is hereby
amended to read as follows:
31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to
the contrary, all moneys paid into the general treasury
under the provisions of this chapter or
chapter 37 of this title, and title 46 shall be applied to
and held in a separate fund and be
deposited in any depositories that may be selected by the
general treasurer to the credit of the
fund, which fund shall be known as the Intermodal
Surface Transportation Fund; provided, that in
fiscal year 2004 for the months of July through April six
and eighty-five hundredth cents
($0.0685) per gallon of the tax imposed and accruing
for the liability under the provisions of §
31-36-7, less refunds and credits, shall be
transferred to the
as provided under § 39-18-21. For the months of May and
June in fiscal year 2004, the allocation
shall be five and five hundredth cents ($0.0505).
Thereafter, until fiscal year 2006, the allocation
shall be six and twenty-five hundredth cents ($0.0625). For
fiscal year 2006 through FY 2008, the
allocation shall be seven and twenty-five hundredth cents
($0.0725); provided, that expenditures
shall include the costs of a market survey of non-transit
users and a management study of the
agency to include the feasibility of moving the Authority
into the Department of Transportation,
both to be conducted under the auspices of the state
budget officer. The state budget officer shall
hire necessary consultants to perform the studies, and
shall direct payment by the Authority. Both
studies shall be transmitted by the Budget Officer to the
2006 session of the General Assembly,
with comments from the Authority. For fiscal year 2009 and
thereafter, the allocation shall be
seven and seventy-five hundredth cents ($0.775), of which
one-half cent ($0.005) shall be derived
from the one cent ($0.01) per gallon environmental
protection fee pursuant to § 46-12.9-11. One
cent ($0.01) per gallon shall be transferred to the
Elderly/Disabled Transportation Program of the
department of elderly affairs human services, and
the remaining cents per gallon shall be
available for general revenue as determined by the following
schedule:
(i) For the fiscal year 2000, three and one fourth cents
($0.0325) shall be available for
general revenue.
(ii)
For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be
available for
general revenue.
(iii) For
the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general
revenue.
(iv) For the fiscal year 2003, two and one-fourth cent
($0.0225) shall be available for
general revenue.
(v)
For the months of July through April in fiscal year 2004, one and four-tenths
cents
($0.014) shall be available for general revenue. For
the months of May through June in fiscal year
2004, three and two-tenths cents ($0.032) shall be
available for general revenue, and thereafter,
until fiscal year 2006, two cents ($0.02) shall be
available for general revenue. For fiscal year
2006 and thereafter one cent ($0.01) shall be
available for general revenue.
(2)
All deposits and transfers of funds made by the tax administrator under this
section,
including those to the elderly
affairs
human services
and the general fund, shall be made within twenty-four (24) hours of receipt or
previous deposit of the funds in question.
(3)
Commencing in fiscal year 2004, the Director of the Rhode Island Department of
Transportation is authorized to remit, on a monthly or
less frequent basis as shall be determined
by the Director of the Rhode Island Department of
Transportation, or his or her designee, or at the
election of the Director of the Rhode Island Department of
Transportation, with the approval of
the Director of the Department of Administration, to an
indenture trustee, administrator, or other
third party fiduciary, in an amount not to exceed two cents
($0.02) per gallon of the gas tax
imposed, in order to satisfy debt service payments on
aggregate bonds issued pursuant to a Joint
Resolution and Enactment Approving the Financing of
Various Department of Transportation
Projects adopted during the 2003 session of the
General Assembly, and approved by the
Governor.
(b)
Notwithstanding any other provision of law to the contrary, all other funds in
the
fund shall be dedicated to the department of
transportation, subject to annual appropriation by the
general assembly. The director of transportation shall submit
to the general assembly, budget
office and office of the governor annually an accounting of
all amounts deposited in and credited
to the fund together with a budget for proposed
expenditures for the succeeding fiscal year in
compliance with §§ 35-3-1 and 35-3-4. On order of the director
of transportation, the state
controller is authorized and directed to draw his or her orders upon
the general treasurer for the
payments of any sum or portion of the sum that may be required
from time to time upon receipt
of properly authenticated vouchers.
(c) At
any time the amount of the fund is insufficient to fund the expenditures of the
department of transportation, not to exceed the amount
authorized by the general assembly, the
general treasurer is authorized, with the approval of the
governor and the director of
administration, in anticipation of the receipts of monies enumerated
in § 31-36-20 to advance
sums to the fund, for the purposes specified in §
31-36-20, any funds of the state not specifically
held for any particular purpose. However, all the advances
made to the fund shall be returned to
the general fund immediately upon the receipt by the fund
of proceeds resulting from the receipt
of monies to the extent of the advances.
SECTION 10. Chapter 42-12 of the General Laws entitled
"Department of Human
Services" is hereby
amended by adding thereto the following section:
42-12-1.3.
Transfer of functions from the department of elderly affairs. -- There
is
hereby transferred from the department of elderly affairs to
the department of human services the
following function: to provide and coordinate the "elderly/disabled
transportation" program
including a passenger cost sharing program as defined and
provided for under rules and
regulations promulgated by the department.
SECTION 11. Section 42-66-4 of the General Laws in Chapter
42-66 entitled "Elderly
Affairs Department" is
hereby amended to read as follows:
42-66-4.
Duties of the department. -- (a) The department shall be the principal agency
of the state to mobilize the human, physical, and
financial resources available to plan, develop,
and implement innovative programs to insure the dignity
and independence of elderly persons,
including the planning, development, and implementation of a
home and long-term care program
for the elderly in the communities of the state.
(b) (1) The department shall serve as an advocate for the needs of
the adult with a
disability as these needs and services overlap the needs and
services of elderly persons.
(2) The department
shall serve as the state's central agency for the administration and
coordination of a long term care entry system, using
community-based access points, that will
provide the following services related to long term care:
information and referral, initial screening
for service and benefits eligibility, and a uniform assessment
program for state supported long
term care.
(3) The department
shall investigate reports of elder abuse, neglect, exploitation, or self-
neglect and shall provide and/or coordinate protective
services.
(c) To accomplish these
objectives, the director is authorized:
(1) To provide
assistance to communities in solving local problems with regard to
elderly persons including, but not limited to, problems in
identifying and coordinating local
resources to serve the needs of elderly persons;
(2) To facilitate
communications and the free flow of information between communities
and the offices, agencies and employees of the state;
(3) To encourage and
assist communities, agencies, and state departments to plan,
develop, and implement home and long-term care programs;
(4) To provide and act
as a clearinghouse for information, data, and other materials
relative to elderly persons;
(5) To initiate and
carry out studies and analyses which will aid in solving local,
regional, and statewide problems concerning elderly persons;
(6) To coordinate those
programs of other state agencies designed to assist in the
solution of local, regional, and statewide problems concerning
elderly persons;
(7) To advise and inform
the governor on the affairs and problems of elderly persons in
the state;
(8) To exercise the
powers and discharge the duties assigned to the director in the fields
of health care, nutrition, homemaker services, geriatric
day care, economic opportunity, local and
regional planning, transportation, and education and
pre-retirement programs;
(9) To further the
cooperation of local, state, federal and private agencies and institutions
providing for services or having responsibility for elderly
persons;
(10) To represent and
act on behalf of the state in connection with federal grant programs
applicable to programs for elderly persons in the functional
areas described in this chapter;
(11) To seek, accept,
and otherwise take advantage of all federal aid available to the
department, and to assist other agencies of the state, local
agencies, and community groups in
taking advantage of all federal grants and subventions
available for elderly persons and to accept
other sources of funds with the approval of the director of
administration which shall be deposited
as general revenues;
(12) To render advice
and assistance to communities and other groups in the preparation
and submission of grant applications to state and federal
agencies relative to programs for elderly
persons;
(13) To review and
coordinate those activities of agencies of the state and of any
political subdivision of the state at the request of the
subdivision, which affect the full and fair
utilization of community resources for programs for elderly
persons, and initiate programs that
will help assure such utilization;
(14) To encourage the
formation of councils on aging and to assist local communities in
the development of the councils;
(15) To promote, and
coordinate day care facilities for the frail elderly who are in need
of supportive care and supervision during the daytime;
(16) To provide and
coordinate the delivery of in-home services to the elderly, as defined
under the rules and regulations adopted by the department
of elderly affairs;
(17) To advise and
inform the public of the risks of accidental hypothermia;
(18) To establish a
clearinghouse for information and education of the elderly citizens of
the state;
(19) To establish and
operate in collaboration with community and aging service
agencies a statewide family-caregiver resource network to
provide and coordinate family-
caregiver training and support services to include counseling
and respite services;
(20) To provide and
coordinate the "elderly/disabled transportation" program including a
passenger cost sharing program as defined and provided for
under rules and regulations
promulgated by the department; and
(21)(20)
To supervise the citizens' commission for the safety and care of the elderly
created pursuant to the provisions of chapter 1.4 of title
12.
(d) In order to assist
in the discharge of the duties of the department, the director may
request from any agency of the state information pertinent to
the affairs and problems of elderly
persons.
SECTION
12. Section 42-14.5-3 of the General Laws in Chapter 42-14.5 entitled
"The
Rhode Island Health Care Reform Act of 2004 - Health
Insurance Oversight" is hereby amended
to read as follows:
42-14.5-3.
Powers and duties. [Contingent effective date; see notes
under section 42-
14.5-1.] --
The health insurance commissioner shall have the following powers and duties:
(a) To conduct an
annual quarterly public meeting or meetings throughout the
state,
separate and distinct from rate hearings pursuant to section
42-62-13, regarding the rates, services
and operations of insurers licensed to provide health insurance
in the state the effects of such
rates, services and operations on consumers, medical care
providers, and patients, and the market
environment in which such insurers operate and efforts to
bring new health insurers into the
general assembly, the governor, the Rhode Island Medical
Society, the Hospital Association of
and the attorney
general and the chambers of commerce.
Public notice shall be posted on the department's web
site and given in the newspaper of general
circulation, and to any entity in writing requesting notice.
(b) To make
recommendations to the governor and the joint legislative committee on
health care oversight
house of representatives and senate finance committees regarding health
care insurance and the regulations, rates, services,
administrative expenses, reserve requirements,
and operations of insurers providing health insurance in
the state, and to prepare or comment on,
upon the request of the co-chairs of the joint committee
on health care oversight or upon the
request of the governor, or chairpersons of the house or
senate finance committees, draft
legislation to improve the regulation of health insurance. In
making such recommendations, the
commissioner shall recognize that it is the intent of the
legislature that the maximum disclosure
be provided regarding the reasonableness of individual
administrative expenditures as well as
total administrative costs. The commissioner shall also
make recommendations on the levels of
reserves including consideration of: targeted reserve levels;
trends in the increase or decrease of
reserve levels; and insurer plans for distributing excess
reserves.
(c) To establish a
consumer/business/labor/medical advisory council to obtain
information and present concerns of consumers, business and
medical providers affected by
health insurance decisions. The council shall develop
proposals to allow the market for small
business health insurance to be affordable and fairer. The council shall be involved in the
planning and conduct of the quarterly public meeting
meetings in accordance with subsection (a)
above. The advisory council shall assist in the design
develop measures to inform small
businesses of an insurance complaint process to ensure that
small businesses that experience
extraordinary rate increases in a given year could may
request and receive a formal review by the
department. The advisory council shall assess views of the
health provider community relative to
insurance rates of reimbursement, billing and reimbursement
procedures, and the insurers' role in
promoting efficient and high quality health care. The advisory
council shall issue an annual report
of findings and recommendations to the governor and the joint
legislative committee on health
care oversight general
assembly and present their findings at hearings before the house and senate
finance committees.
The advisory council is to be diverse in interests and shall include
representatives of community consumer organizations; small
businesses, other than those
involved in the sale of insurance products; and hospital,
medical, and other health provider
organizations. Such representatives shall be nominated by their
respective organizations. The
advisory council shall be co-chaired by the health insurance
commissioner and a community
consumer organization or small business member to be elected
by the full advisory council.
(d) To establish and
provide guidance and assistance to a subcommittee ("The
Professional Provider-Health Plan Work Group") of
the advisory council created pursuant to
subsection (c) above, composed of health care providers and
Rhode
This subcommittee shall develop a plan to implement
the following activities include in its annual
report and presentation before the house and senate finance
committees the following
information:
(i)
By January 1, 2006, a A method whereby
health plans shall disclose to contracted
providers the fee schedules used to provide payment to those
providers for services rendered to
covered patients;
(ii) By April 1,
2006, a A standardized provider application
and credentials verification
process, for the purpose of verifying professional
qualifications of participating health care
providers;
(iii) By September
1, 2006, a The uniform health plan claim
form to be utilized by
participating providers;
(iv) By
March 15, 2007, a report to the legislature on proposed methods Methods for
health maintenance organizations as defined by section
27-41-1, and nonprofit hospital or
medical service corporations as defined by chapters 27-19 and
27-20, to make facility-specific
data and other medical service-specific data available in
reasonably consistent formats to patients
regarding quality and costs. This information would help
consumers make informed choices
regarding the facilities and/or clinicians or physician
practices at which to seek care. Among the
items considered would be the unique health services and
other public goods provided by
facilities and/or clinicians or physician practices in
establishing the most appropriate cost
comparisons.
(v) By December 1,
2006, All activities related to
contractual disclosure to participating
providers of the mechanisms for resolving health plan/provider
disputes; and
(vi) By February 1,
2007, a The uniform process being
utilized for confirming in real
time patient insurance enrollment status, benefits
coverage, including co-pays and deductibles.
(vii) By December 1,
2007, a report to the legislature on the temporary Information
related to temporary
credentialing of providers seeking to participate in the plan's network and the
impact of said activity on health plan accreditation;
(viii) By February
1, 2008, a report to the legislature on the The feasibility of occasional
regular contract renegotiations between plans and the
providers in their networks.
(ix) By May 1, 2008,
a report to the legislature Efforts conducted related to reviewing
impact of silent PPOs on physician
practices.
A report on the work
of the subcommittee shall be submitted by the health insurance
commissioner to the joint legislative committee on health care
oversight on March 1, 2006,
March 1, 2007, and March 1, 2008.
(e) To enforce the
provisions of Title 27 and Title 42 as set forth in section 42-14-5(d).
(f) There is hereby
established To provide analysis of
the Rhode Island Affordable
Health Plan Reinsurance Fund. The fund shall be used to effectuate the provisions
of sections 27-
18.5-8 and 27-50-17.
(g) To examine and
study analyze the impact of changing the rating guidelines and/or
merging the individual health insurance market as defined in
chapter 27-18.5 and the small
employer health insurance market as defined in chapter 27-50
in accordance with the following:
(i)
The study analysis shall forecast the likely rate increases
required to effect the
changes recommended pursuant to the preceding subsection (g)
in the direct pay market and small
employer health insurance market over the next five (5) years,
based on the current rating
structure, and current products.
(ii) The study analysis
shall include examining the impact of merging the individual and
small employer markets on premiums charged to individuals
and small employer groups.
(iii) The study analysis
shall include examining the impact on rates in each of the
individual and small employer health insurance markets and the
number of insureds in the context
of possible changes to the rating guidelines used for
small employer groups, including:
community rating principles; expanding small employer rate
bonds beyond the current range;
increasing the employer group size in the small group market;
and/or adding rating factors for
broker and/or tobacco use.
(iv)
The study analysis shall include examining the adequacy of
current statutory and
regulatory oversight of the rating process and factors employed
by the participants in the
proposed new merged market.
(v) The study analysis
shall include assessment of possible reinsurance mechanisms
and/or federal high-risk pool structures and funding to
support the health insurance market in
charged for this risk, and/or by making health insurance
affordable for a selected at-risk
population.
(vi)
The health insurance commissioner shall establish work with
an insurance market
merger task force to assist with the study analysis.
The task force shall be chaired by the health
insurance commissioner and shall include, but not be limited
to, representatives of the general
assembly, the business community, small employer carriers as
defined in section 27-50-3, carriers
offering coverage in the individual market in
members of the general public.
(vii) For the purposes
of conducting this study analysis, the commissioner may contract
with an outside organization with expertise in fiscal
analysis of the private insurance market. In
conducting its study, the organization shall, to the extent
possible, obtain and use actual health
plan data. Said data shall be subject to state and federal
laws and regulations governing
confidentiality of health care and proprietary information.
(viii) The task force shall meet no later than October 1, 2007 and the
commissioner shall
file a report with the speaker of the house of
representatives and the president of the senate no
later than January 1, 2008 as necessary and include their findings in the
annual report and the
commissioner shall include the information in the annual
presentation before the house and senate
finance committees.
SECTION 13. This article shall take effect upon passage.