2022 -- S 2894

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LC005808

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS

     

     Introduced By: Senators DiPalma, Euer, and Seveney

     Date Introduced: April 26, 2022

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 40.1-1 of the General Laws entitled "Department of Behavioral

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Healthcare, Developmental Disabilities and Hospitals" is hereby amended by adding thereto the

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following section:

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     40.1-1-22. Authorization for use of American Rescue Plan Act funding for community

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mental health facilities.

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     (a) There is hereby established a separate fund within the treasury to be known as the

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community mental health services revolving fund (the "fund"). This fund shall be administered by

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the general treasurer in accordance with the same laws and fiscal procedures as the general funds

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of the state, and in consultation with the director (the "director") of the department of behavioral

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healthcare, developmental disabilities and hospitals ("BHDDH"), and except as otherwise provided

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for herein. The fund shall consist of such sums as the state may from time to time appropriate, as

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well as seventy-five million dollars ($75,000,000) as set forth in subsection (b) of this section. This

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fund shall also consist of interest earnings, money received from the federal government, and gifts,

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bequests, donations, or otherwise from any public or private source. Amounts credited to the fund,

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including, but not limited to, interest, shall be subject to appropriation, and money remaining in the

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fund at the end of a fiscal year shall not revert to the general fund, but shall remain in the fund and

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be available to for expenditure in the subsequent fiscal year.

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     (b) The general assembly hereby authorizes and allocates seventy-five million dollars

 

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($75,000,000) to the community mental health services revolving fund from federal funds allocated

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to the state pursuant to federal legislation enacted after December 4, 2020 and in response to the

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COVID-19 outbreak or related economic recovery, including, but not limited to, funds from the

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American Rescue Plan Act of 2021, Pub. L. No. 117-2, but excluding federal grants that are not

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subject to appropriation and funds related to increased federal medical assistance percentage rates

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under section 1905(b) of the Social Security Act; provided that, federal funds made available in the

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form of newly created reimbursement programs may also be authorized by the general assembly

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and designated to be credited to the community mental health services revolving fund.

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     (c) The fund shall be used for the purpose of the capital projects, including the acquisition,

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construction, renovation, and related capital costs including, but not limited to, architectural costs

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of building and also the acquisition of permits, for facilities to be used to provide community mental

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health services to children and adults with mental health and substance use conditions.

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     (d)(1) The director of the BHDDH shall be authorized to make awards of grants from the

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funds, based on a competitive application process. By way of illustration, and without being an

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exclusive listing, providers eligible for receipt of grants from the fund would include community

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mental health organizations licensed by BHDDH, federally funded certified behavioral health

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clinics, behavioral health providers and their direct contract organization subcontract funded

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partners.

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     (2) The director of BHDDH shall promulgate rules and regulations for the administration

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of and the awarding of grants from the fund, in consultation with the legislative advisory group

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established by this section.

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     (3) Upon making a determination to award a grant from the fund, the director shall so

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inform the general treasurer, who shall then draw monies from the fund and provide them to the

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entity or entities as directed by the director.

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     (e) There is hereby established a seven (7) member legislative advisory group to advise the

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director of BHDDH on the awarding of funding for requested capital projects. Three (3) members

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shall be selected by the speaker of the house of representatives, two (2) members shall be selected

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by the president of the senate, and two (2) members shall be selected by the governor. Legislative

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members shall serve terms of two (2) years, and appointments of the governor shall serve terms of

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three (3) years. Any member appointed may be reappointed by the appointing officer.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS

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     This act would establish the community mental health services revolving fund, to be used

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to provide awards of grants to fund the capital costs for constructing and renovating facilities to

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provide community mental health services to children and adults. Initial monies for the fund would

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come from a grant of $75,000,000 from American Rescue Plan funds.

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     This act would take effect upon passage.

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