2013 -- S 0278

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LC00255

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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

     Introduced By: Senators Lynch, Miller, Gallo, Goldin, and Sosnowski

     Date Introduced: February 12, 2013

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40.1-1-10 and 40.1-1-10.1 of the General Laws in Chapter 40.1-1

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entitled "Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" is

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hereby amended to read as follows:

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     40.1-1-10. Parent deinstitutionalization subsidy aid program Deinstitutionalization

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subsidy aid program. -- (a) There is hereby established with the department of mental health,

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retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals a parent

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deinstitutionalization subsidy aid program. The program is founded for the express purpose of

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providing financial assistance or subsidy aid to the qualified parent applicant or if the parent is

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not able to care for the person then an appropriate relative as defined in this chapter, who is found

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and certified to be qualified by the director of mental health, retardation, and hospitals behavioral

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healthcare, developmental disabilities and hospitals to receive and take into his or her care,

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custody, and control a person under the legal authority and control of the director of mental

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health, retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals

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who is and has been a resident or patient of the Dr. Joseph H. Ladd Center Eleanor Slater

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Hospital Cranston Campus , the Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital

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Zambarano Unit, at the institute of mental health or the general hospital, or a resident in an out-

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of-state institution, who would have been eligible for placement in the Dr. Joseph H. Ladd Center

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Eleanor Slater Hospital Cranston Campus, Dr. U.E. Zambarano Memorial Hospital the Eleanor

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Slater Hospital Zambarano Unit or the institute of mental health or the general hospital for a

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period of time not less than ninety (90) days, or would be a resident or patient of one of the

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facilities listed in this section for a period of ninety (90) days or more if a specialized community

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program were not developed to meet the person's particular and/or unique needs.

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      (b) The general assembly hereby finds that such a parent deinstitutionalization program

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would promote the general welfare of the citizens of the state and further the purpose of providing

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deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid

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to the qualified parent applicant or appropriate relative of the institutionalized person. It is further

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found that the program is established for the purpose of providing subsidy aid to assist and make

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available non-institutional care, support, and training when it is found to be in the best interests of

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the health and welfare of the institutionalized person and where that placement may be made and

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certified by the director of mental health, retardation, and hospitals behavioral healthcare,

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developmental disabilities and hospitals to the qualified parent applicant or appropriate relative.

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      (c) The director of mental health, retardation, and hospitals behavioral healthcare,

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developmental disabilities and hospitals is hereby vested with the authority to promulgate such

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rules and regulations as are deemed necessary and in the public interest to establish and place into

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operation the parent deinstitutionalization program and authorize the payment of subsidy aid to

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the qualified parent applicant or appropriate relative who receives into his or her care, custody,

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and control a person under the legal authority and control of the director of mental health,

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retardation and hospitals behavioral healthcare, developmental disabilities and hospitals who is or

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has been a resident or patient of the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston

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Campus, the Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, at

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the institute of mental health or the general hospital or a resident or patient in an out-of-state

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institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center Eleanor

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Slater Hospital Cranston Campus, Dr. U.E. Zambarano Memorial Hospital, Eleanor Slater

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Hospital Zambarano Unit or the institute of mental health, or the general hospital.

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      (d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not

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be limited to, the following areas of concern:

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      (1) The establishment of eligibility and other requirements for the qualification and

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certification of the parent applicant or appropriate relative applying for subsidy aid under this

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chapter;

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      (2) The establishment of eligibility and other requirements for the qualification and

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certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center Eleanor

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Slater Hospital Cranston Campus or Dr. U.E. Zambarano Memorial Hospital the Eleanor Slater

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Hospital Zambarano Unit, or the institute of mental health or the general hospital, under this

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program as set forth in this chapter or a resident or patient in an out-of-state institution under this

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program as set forth in this chapter;

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      (3) The establishment of such other eligibility, certification, and qualification standards

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and guidelines for the person, or the parent applicant or an appropriate relative to which the

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program applies as may be deemed reasonable and in the public interest;

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      (4) The establishment of such licensing, regulating, inspection, monitoring,

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investigation, and evaluation standards and requirements for the placement, care, support,

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custody, and training of the person as are deemed reasonable and in the public interest under this

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chapter;

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      (5) The periodic inspection, review, and evaluation of the care, support, and treatment

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afforded the person placed in the home of the qualified parent applicant or appropriate relative

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under this program and the making and implementation of such recommendations as are deemed

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necessary for the continued health, safety, and welfare of the person in accordance with the

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provisions of this chapter;

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      (6) The establishment and implementation of such other standards, safeguards, and

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protections as are deemed necessary and in the public interest to protect the health, safety, and

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welfare of the person placed under the program or in determining and certifying initial and/or

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continuing eligibility requirements as the director of the department of mental health, retardation,

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and hospitals behavioral healthcare, developmental disabilities and hospitals shall in his or her

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discretion deem to be necessary and appropriate including specifically the authority to recall and

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return the child or adult to the custody and control of the state and the director of mental health,

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retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals into any

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such care or placement program as the director may in his or her discretion order and direct,

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including therein summary removal from the custody of the qualified parent applicant or

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appropriate relative and return to the state institution or out-of-state institution.

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      (e) For the purpose of this chapter the words "qualified parent applicant" shall mean any

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natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive

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parents jointly, or a court appointed guardian or both foster parents jointly, or as defined by rules

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or regulations established by the department of mental health, retardation, and hospitals

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behavioral healthcare, developmental disabilities and hospitals who may apply for inclusion in

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the mental health, retardation, and hospitals behavioral healthcare, developmental disabilities and

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hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation

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where the natural or adoptive parents are divorced or separated, or where one of the parents is

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deceased, the words "parent" or "parent applicant" shall mean the parent legally having or giving

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custody to the person who may apply for inclusion in mental health, retardation, and hospitals

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behavioral healthcare, developmental disabilities and hospitals deinstitutionalization subsidy aid

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program as set forth in this chapter.

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     (f) For the purpose of this chapter, the words "appropriate relative" means an interested

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and approved relative of the child or adult.

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     (g)(f) For the purpose of this chapter the words "subsidy aid" shall mean payment or

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continued payment to a parent applicant pursuant to the rules and regulations established by the

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director of mental health, retardation, and hospitals behavioral healthcare, developmental

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disabilities and hospitals for deinstitutionalization subsidy aid program as set forth in this chapter.

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     40.1-1-10.1. Subsidy aid for parent deinstitutionalization program. Subsidy aid for

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deinstitutionalization program. -- (a) Every qualified parent applicant or appropriate relative of

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a person at the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston Campus, Dr. U.E.

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Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, the institute of mental

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health, or the general hospital (RIMC) or at an out-of-state institution who would have been

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eligible for placement in the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston

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Campus, Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, the

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institute of mental health, or the general hospital (RIMC), found eligible and certified as such by

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the director of mental health, retardation, and hospitals behavioral healthcare, developmental

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disabilities and hospitals pursuant to this chapter and the rules and regulations established

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thereunder, shall be eligible to receive subsidy aid within the bounds set forth in this chapter and

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pursuant to such rules and regulations as are promulgated by the director of mental health,

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retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals and

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under such eligibility, income, health, safety, and other program requirements as may be deemed

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appropriate and necessary to protect the health, safety, and welfare of the child or adult and the

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interest of the state in the maintenance and operation of the deinstitutionalization program.

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      (b) A qualified parent applicant or appropriate relative who is the natural or adoptive

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parent and certified as eligible for subsidy aid under the deinstitutionalization program shall

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receive an amount of not less than twenty-five dollars ($25.00) and not more than sixty dollars

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($60.00) for the basic care of each child or adult for a seven (7) day or weekly period, and an

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amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for the

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training of each child or adult for the same period.

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      (c) A qualified parent applicant or appropriate relative who is a foster parent to the child

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and certified as eligible for subsidy aid under the deinstitutionalization program shall receive an

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amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for training

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of each child or adult and an amount of not less than twenty-five dollars ($25.00) and not more

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than sixty dollars ($60.00) for basic care and treatment for a seven (7) day or weekly period.

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These amounts designated for foster parents shall be in addition to the basic payments to foster

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parents from the department of social and rehabilitative services for foster home placement.

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      (d) The subsidy payments as provided by this section shall be paid from such

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institutional or special accounts as may be under the control and direction of the director of

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mental health, retardation, and hospitals behavioral healthcare, developmental disabilities and

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hospitals and earmarked for the placement and continuing support of an institutionalized person

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with a qualified parent or appropriate relative application as set forth in this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC00255

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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 expand the parent deinstitutionalization subsidy to include appropriate

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relatives and would allow a relative to care for a child or adult if the parent was unable to and

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receive a subsidy for doing so.

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     This act would take effect upon passage.

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LC00255

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