2013 -- H 5155

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LC00665

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HUMAN SERVICES - FAMILY CAREGIVERS SUPPORT ACT OF 2013

     Introduced By: Representatives Naughton, and E Coderre

     Date Introduced: January 24, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 8.11

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FAMILY CAREGIVERS SUPPORT ACT OF 2013

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     40-8.11-1. Findings. -- (a) Family members, partners and close friends provide the vast

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majority of long-term services and supports.

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     (b) An estimated one hundred and forty-eight thousand (148,000) persons in Rhode

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Island are providing care at any one time to persons living in the community. The estimated value

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of their unpaid contributions in 2009 was one billion eight hundred eight million dollars ($1.88).

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     (c) Family or other caregivers who provide the majority of care in the home are

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frequently under substantial physical, psychological, and financial stress. The stress, if unrelieved

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by support for the caregiver, may lead to premature or unnecessary nursing home and institutional

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placement and health and financial burdens for the caregiver.

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     (d) Respite care and other community-based supportive services for the family caregiver

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can relive some of the stresses faced by caregivers, maintain and strengthen the family structure,

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postpone or prevent institutionalization and lead to better outcomes for both the caregiver and

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care recipient.

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     (e) The percent of Rhode Islanders age sixty-five (65) years of age and older is projected

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to grow from fourteen percent (14%) of the state population in 2010 to twenty-one percent (21%)

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by 2030. As persons age, they have greater dependency needs and an increased need for long-

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term care services and supports. Younger people with disabilities also require continued

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supportive long-term care services as they age.

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     (f) As informal caregivers and families are a vital part of the long-term care services and

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support system, it is an important public purpose to recognize and respect their contributions and

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to assess and support their needs.

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     40-8.11-2. Definitions. -- (a) "Caregiver assessment" is defined and refers to a systematic

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process of gathering information about a caregiving situation to identify the specific problems,

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needs, strengths, and resources of the family caregiver, as well as the caregiver's ability to

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contribute to the needs of the care recipient.

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     (b) The term "family caregiver" is defined and refers to any relative, partner, friend, or

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neighbor who has a significant relationship with, and who provides a broad range of assistance

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for, an older adult or an adult or child with chronic or disabling conditions.

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     40-8.11-3. Caregiver assessment requirement. -- The comprehensive assessment

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required in subsection 40-8.10-4 (b) as part of Medicaid long-term service reform shall also

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include a caregiver assessment whenever the plan of care depends on a family caregiver for

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providing assistance with activities of daily living needs. The assessment shall be used to develop

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a plan of care that recognizes both needs of the care recipient and the caregiver. The assessment

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shall also serve as the basis for development and provision of an appropriate plan for caregiver

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information, referral and support services. Information about available respite programs,

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caregiver training and education programs, support groups and community support services shall

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be included as part of the caregiver support plan. To implement the caregiver assessment, the

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executive office of health and human services shall develop evidenced-based caregiver

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assessments and referral tools appropriate to the departments within the office that provide long-

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term care services and supports.

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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 HUMAN SERVICES - FAMILY CAREGIVERS SUPPORT ACT OF 2013

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     This act would create a family caregiver support act which would require a caregiver

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assessment if the plan of care involves, a family caregiver, and a plan of care would be developed

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which would take into account the needs of the caregiver and the recipient.

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     This act would take effect upon passage.

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LC00665

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