law24423

ALERT:

The General Assembly passed two identical companion bills, H-7204 Sub A/2 and S-

2072/ Sub A/2, on June 13, 2024. Due to a clerical error, a paper copy of an incorrect

version of H-7204 Sub A (which was assigned the public law number P.L. 2024, ch.

423), was erroneously stamped as passed by both houses. The language contained in

the erroneously stamped version of the bill was never presented to, considered by, or

voted on by either chamber of the General Assembly. The erroneously stamped bill

was then improperly presented to the Governor on June 20, 2024, who took no action

on the bill. The language contained in P.L. 2024, ch. 423, per the Law Revision Office,

has not passed either house of the General Assembly and was therefore improperly

presented to the Governor.

Chapter 423

2024 -- H 7204 SUBSTITUTE A
Enacted 06/28/2024

A N A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

Introduced By: Representatives Shallcross Smith, Ajello, McEntee, Cortvriend, Fenton-Fung, and Fogarty

Date Introduced: January 17, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-7.4-3 of the General Laws in Chapter 42-7.4 entitled "The

Healthcare Services Funding Plan Act" is hereby amended to read as follows:

42-7.4-3. Imposition of healthcare services funding contribution.

(a) Each insurer is required to pay the healthcare services funding contribution for each

contribution enrollee of the insurer at the time the contribution is calculated and paid, at the rate set

forth in this section.

(1) Beginning January 1, 2016 July 1, 2024, the secretary shall set the healthcare services

funding contribution each fiscal year in an amount equal to: (i) The child immunization funding

requirement described in § 23-1-46; plus (ii) The adult immunization funding requirement

described in § 23-1-46; plus (iii) The children’s health services funding requirement described in §

42-12-29; plus (iv) The psychiatry resource network funding requirement described in § 23-1-46.1

and all as divided by; (iv)(v) The number of contribution enrollees of all insurers.

(2) The contribution set forth herein shall be in addition to any other fees or assessments

upon the insurer allowable by law.

(b) The contribution shall be paid by the insurer; provided, however, a person providing

health benefits coverage on a self-insurance basis that uses the services of a third-party

administrator shall not be required to make a contribution for a contribution enrollee where the

contribution on that enrollee has been or will be made by the third-party administrator.

funding contribution method that: (i) assures adequate funding beginning July 1, 2016, (ii) reflects

that funding via the healthcare services funding contribution method initially will be for only a

portion of the state’s fiscal year, and (iii) avoids duplicate liability for any insurer that made a

payment under the premium assessment method in effect prior to January 1, 2016, for a period for

which it would also be liable for a contribution under the healthcare services funding contribution

method as described in this chapter.

SECTION 2. Section 23-1-45 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

23-1-45. Immunization account.

(a) There is created within the general fund a restricted receipt account to be known as the

“childhood immunization account”. All money in the account shall be utilized by the department

of health to effectuate the provisions of § 23-1-44 that relate to the childhood immunization

program. All money received pursuant to §§ 23-1-46 and 23-1-47 for the childhood immunization

program shall be deposited in the childhood immunization account. Funding dedicated exclusively

to effectuate the provisions of § 23-1-44 and this subsection received by the department of health

from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the

childhood immunization account. Up to 15% of the annual revenues from this account may be used

to support costs associated with childhood immunization program administrative and quality

assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or

her orders on the account upon receipt of properly authenticated vouchers from the department of

health. Provided that for FY 2025 only, the department shall use up to eight hundred fifty thousand

dollars ($850,000) of available resources from the account to effectuate coverage for the following

services: the existing PediPRN and MomsPRN information lines together with any additional

information line, referral service, or hotline which is available to providers or residents in the state,

and which is funded pursuant to regulation adopted by the director of the department of health. The

department must submit a report to the speaker of the house and senate president no later than

March 1, 2025, regarding use of these funds as well as recommendations for support beyond FY

2025.

(b) There is created within the general fund a restricted receipt account to be known as the

“pandemic medications and equipment account” for the purposes of funding pandemic medications

and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars

($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively

to effectuate the provisions of this subsection and received by the department of health from sources

other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be deposited in the

pandemic medications and equipment account. The general treasurer is authorized and directed to

draw his or her orders on the account upon receipt of properly authenticated vouchers from the

department of health.

“adult immunization account”. All funds in the account shall be utilized by the department of health

to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All funds

received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be deposited

in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of

this subsection and received by the department of health from sources other than those identified

in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general

treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly

authenticated vouchers from the department of health. Provided that for FY 2025 only, the

department shall use up to eight hundred fifty thousand dollars ($850,000) of available resources

from the account to effectuate coverage for the following services: the existing PediPRN and

MomsPRN information lines together with any additional information line, referral service, or

hotline which is available to providers or residents in the state, and which is funded pursuant to

regulation adopted by the director of the department of health. The department must submit a report

to the speaker of the house and senate president no later than March 1, 2025, regarding use of these

funds as well as recommendations for support beyond FY 2025.

SECTION 3. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby

amended by adding thereto the following section:

23-1-46.1. Psychiatry resource network account (Effective July 1, 2024).

(a) There is created within the general fund a restricted receipt account to be known as the

"PRN account." All money in the account shall be utilized by the department of health to effectuate

coverage for the following services: Existing Rhode Island lines including the PediPRN and

MomsPRN information lines together with any additional information line, referral service, or

hotline which is available to providers or residents in the state, and which is funded pursuant to

regulation adopted by the director of the department of health. Amounts collected pursuant to § 42-

7.4-3(a)(1)(iv) shall be deposited in the "PRN account." The funds shall be used solely for the

purposes of the "PRN account," and no other.

(b) Each year's psychiatry resource network funding requirement in § 42-7.4-3(a)(1)(iv)

shall be the amount:

(1) Projected by the department of health for the services in subsection (a) of this section;

plus

(2) A ten percent (10%) contingency for unexpected expenses; and after

(3) Deduction for any projected carryover of excess funds from prior assessments.

program and costs related to the program, on or before February 1 of each year. The department

shall make available to each insurer required to make a contribution pursuant to § 42-7.4-3, upon

its request, detailed information regarding the programs described in subsection (a) of this section

and the costs related to those programs.

(d) The "PRN account" shall be exempt from the indirect costs recovery provisions of §

35-4-27.

SECTION 4. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

35-4-27. Indirect cost recoveries on restricted receipt accounts.

Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

Executive Office of Health and Human Services

Organ Transplant Fund

HIV Care Grant Drug Rebates

Health System Transformation Project

Rhode Island Statewide Opioid Abatement Account

HCBS Support-ARPA

HCBS Admin Support-ARPA

Department of Human Services

Veterans’ home — Restricted account

Veterans’ home — Resident benefits

Pharmaceutical Rebates Account

Demand Side Management Grants

Veteran’s Cemetery Memorial Fund

Donations — New Veterans’ Home Construction

Department of Health

Pandemic medications and equipment account

Miscellaneous Donations/Grants from Non-Profits

State Loan Repayment Match

Healthcare Information Technology

Healthcare services funding accounts for the psychiatry resource network (PRN)

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

Eleanor Slater non-Medicaid third-party payor account

Hospital Medicare Part D Receipts

RICLAS Group Home Operations

Commission on the Deaf and Hard of Hearing

Emergency and public communication access account

Department of Environmental Management

National heritage revolving fund

Environmental response fund II

Underground storage tanks registration fees

De Coppet Estate Fund

Rhode Island Historical Preservation and Heritage Commission

Historic preservation revolving loan fund

Historic Preservation loan fund — Interest revenue

Department of Public Safety

E-911 Uniform Emergency Telephone System

Forfeited property — Retained

Forfeitures — Federal

Forfeited property — Gambling

Donation — Polygraph and Law Enforcement Training

Rhode Island State Firefighter’s League Training Account

Fire Academy Training Fees Account

Attorney General

Forfeiture of property

Federal forfeitures

Attorney General multi-state account

Forfeited property — Gambling

Department of Administration

OER Reconciliation Funding

Health Insurance Market Integrity Fund

RI Health Benefits Exchange

Information Technology restricted receipt account

Restore and replacement — Insurance coverage

Convention Center Authority rental payments

Investment Receipts — TANS

OPEB System Restricted Receipt Account

Car Rental Tax/Surcharge-Warwick Share

Grants Management Administration

RGGI-Executive Climate Change Coordinating Council Projects

Executive Office of Commerce

Housing Resources Commission Restricted Account

Housing Production Fund

Department of Revenue

DMV Modernization Project

Jobs Tax Credit Redemption Fund

Legislature

Audit of federal assisted programs

Department of Children, Youth and Families

Children’s Trust Accounts — SSI

Military Staff

RI Military Family Relief Fund

RI National Guard Counterdrug Program

Treasury

Admin. Expenses — State Retirement System

Retirement — Treasury Investment Options

Defined Contribution — Administration - RR

Violent Crimes Compensation — Refunds

Treasury Research Fellowship

Business Regulation

Banking Division Reimbursement Account

Office of the Health Insurance Commissioner Reimbursement Account

Securities Division Reimbursement Account

Commercial Licensing and Racing and Athletics Division Reimbursement Account

Insurance Division Reimbursement Account

Historic Preservation Tax Credit Account

Marijuana Trust Fund

Social Equity Assistance Fund

Judiciary

Arbitration Fund Restricted Receipt Account

Third-Party Grants

RI Judiciary Technology Surcharge Account

Department of Elementary and Secondary Education

Statewide Student Transportation Services Account

School for the Deaf Fee-for-Service Account

School for the Deaf — School Breakfast and Lunch Program

Davies Career and Technical School Local Education Aid Account

Davies — National School Breakfast & Lunch Program

School Construction Services

Office of the Postsecondary Commissioner

Higher Education and Industry Center

IGT STEM Scholarships

Department of Labor and Training

Job Development Fund

Rhode Island Council on the Arts

Governors’ Portrait Donation Fund

Statewide records management system account

SECTION 5. This act shall take effect on July 1, 2024.

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LC004248/SUB A

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