2013 -- H 5195

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LC00555

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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 BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

     Introduced By: Representatives McNamara, Corvese, Bennett, Palumbo, and Serpa

     Date Introduced: January 30, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-21-4 of the General Laws in Chapter 40.1-21 entitled

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"Division of Developmental Disabilities" is hereby amended to read as follows:

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     40.1-21-4. Powers and duties of director of mental health, retardation and hospitals.

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-- (a) The director of mental health, retardation, and hospitals shall be responsible for

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planning and developing a complete, comprehensive, and integrated statewide program for the

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developmentally disabled for the implementation of the program; and for the coordination of the

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efforts of the department of mental health, retardation, and hospitals with those of other state

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departments and agencies, municipal governments as well as the federal government and private

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agencies concerned with and providing services for the developmentally disabled.

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     (b) The director shall be responsible for the administration and operation of all state

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operated community and residential facilities established for the diagnosis, care, and training of

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the developmentally disabled. The director shall be responsible for establishing standards in

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conformance with generally accepted professional thought and for providing technical assistance

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to all state supported and licensed habilitative, developmental, residential and other facilities for

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the developmentally disabled, and exercise the requisite surveillance and inspection to insure

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compliance with standards. Provided, however, that none of the foregoing shall be applicable to

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any of the facilities wholly within the control of any other department of state government.

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     (c) The director of mental health, retardation, and hospitals shall stimulate research by

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public and private agencies, institutions of higher learning, and hospitals, in the interest of the

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elimination and amelioration of developmental disabilities, and care and training of the

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developmentally disabled.

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     (d) The director shall be responsible for the development of criteria as to the eligibility

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for admittance of any developmentally disabled person for residential care in any department

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supported and licensed residential facility or agency.

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     (e) The director of mental health, retardation, and hospitals may transfer retarded persons

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from one state residential facility to another when deemed necessary or desirable for their better

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care and welfare.

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     (f) The director of mental health, retardation, and hospitals shall make grants-in-aid and

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otherwise provide financial assistance to the various communities and private nonprofit agencies,

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in amounts which will enable all developmentally disabled adults to receive developmental and

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other services appropriate to their individual needs.

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     (g) The director shall coordinate all planning for the construction of facilities for the

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developmentally disabled, and the expenditure of funds appropriated or otherwise made available

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to the state for this purpose.

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     (h) The director shall adopt a state reimbursement system for community and nonprofit

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agencies that will encourage the hiring and retention of competent, qualified and caring

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individuals. Effective April 1, 2013, the reimbursement rate for direct support professionals

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employed by private developmental disability organizations shall be increased from eleven

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dollars and thirty cents ($11.30) per hour to twelve dollars and three cents ($12.03) per hour. The

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rate shall be adjusted annually every April 1st by a percentage increase to the nearest cent using

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the consumer price index for urban wage earners and clerical workers (CPI-W), or a successor

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index for the previous calendar year as calculated for the northeast region by the United States

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department of labor.

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     SECTION 2. This act shall take effect upon passage.

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LC00555

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

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     This act would require that the executive director of the department of behavioral

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healthcare, developmental disabilities and hospitals to promulgate and adopt a reimbursement

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system at a rate prescribed by current state law, and adjusted annually for direct support

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professionals employed by private developmental disability organizations.

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     This act would take effect upon passage.

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LC00555

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