2018 -- H 7491

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HUMAN SERVICES -- FAMILY CAREGIVERS SUPPORT ACT OF 2013

     Introduced By: Representatives Casimiro, Shanley, Donovan, Vella-Wilkinson, and
Marszalkowski

     Date Introduced: February 07, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40-8.11-1 and 40-8.11-3 of the General Laws in Chapter 40-8.11

entitled "Family Caregivers Support Act of 2013" are hereby amended to read as follows:

     40-8.11-1. Findings.

     (a) Family members, partners and close friends provide the vast majority of long-term

services and supports.

     (b) An estimated one hundred and forty-eight thousand (148,000) persons fifty-five (55)

years of age and over in Rhode Island are providing care at any one time to persons living in the

community. The estimated value of their unpaid contributions in 2009 was one billion eight

hundred eighty million dollars ($1,880,000,000).

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

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

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

placement and health and financial burdens for the caregiver.

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

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

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

care recipient.

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

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

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

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

supportive long-term care services as they age.

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

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

to assess and support their needs and to provide them with counseling, education, and support

services.

     40-8.11-3. Caregiver assessment requirement.

     (a) The comprehensive assessment required in subsection 40-8.10-4(b) as part of

Medicaid long-term service reform shall also include a caregiver assessment whenever the plan of

care depends on a family caregiver for providing assistance with activities of daily living needs or

instrumental activities of daily living needs. The assessment shall be used to develop a plan of

care that recognizes both needs of the care recipient and the caregiver. The assessment shall also

serve as the basis for development and provision of an appropriate plan for caregiver information,

education, training, referral and support services. Information about available respite programs,

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

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

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

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

services and support.

     (b) The executive office of health and human services (EOHHS) shall develop annual

reports to track data on the number of caregiver assessments conducted, the identified needs of

caregivers to include both met and unmet needs and referrals made for education, respite and

other support services. The annual reports shall be submitted to the house and senate finance

committees as part of the annual budget hearings. In addition, the annual reports shall be

submitted to the chair of the long-term care coordinating council and posted on the executive

office of health and human services (EOHHS) website.

     SECTION 2. Chapter 40-8.11 of the General Laws entitled "Family Caregivers Support

Act of 2013" is hereby amended by adding thereto the following section:

     40-8.11-4. Caregiver support services.

     The executive office of health and human services (EOHHS) may seek Medicaid waivers

of section 1115 of the United States Social Security Act or state-plan amendments in order to

promote the state’s rebalancing goals for long-term support and services, to promote consumer

choice of care settings and to enhance support for unpaid family caregivers. Family caregiver

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support services may include respite, evidenced-based caregiver support programs and caregiver

education and training for family caregivers of persons enrolled in Medicaid long-term supports

and services and the division of elderly affairs home care program.

     SECTION 3. 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 authorize the EOHHS to seek Medicaid section 1115 waivers or state-plan

amendments in order to promote consumer choice of care settings and to enhance support for

unpaid family caregivers. It would also require the EOHHS to develop and submit detailed annual

reports to the house and senate finance committees for consideration during the annual budget

hearings, the long term care coordinating council and to post the reports on the EOHHS website.

     This act would take effect upon passage.

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