2023 -- S 0132

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LC000351

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL

DISABILITIES AND HOSPITALS

     Introduced By: Senators Raptakis, de la Cruz, Euer, Murray, and Acosta

     Date Introduced: February 01, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40.1-1-10 of the General Laws in Chapter 40.1-1 entitled

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

amended to read as follows:

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

subsidy aid program.

     (a) There is hereby established within the department of behavioral healthcare,

developmental disabilities and hospitals a deinstitutionalization subsidy aid program. The program

is founded for the express purpose of providing financial assistance or subsidy aid to the qualified

parent applicant, or if the parent is not able to care for the person then an appropriate relative as

defined in this chapter, who is found and certified to be qualified by the director of behavioral

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

and control a person under the legal authority and control of the director of behavioral healthcare,

developmental disabilities and hospitals who is and has been a resident or patient of the Dr. Joseph

H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the

general hospital, or a resident in an out-of-state institution, who would have been eligible for

placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital or the institute

of mental health or the general hospital for a period of time not less than ninety (90) days, or would

be a resident or patient of one of the facilities listed in this section for a period of ninety (90) days

or more if a specialized community program were not developed to meet the person’s particular

and/or unique needs and meets the eligibility criteria contained in § 40.1-21-4.3.

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

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

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

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

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

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

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

certified by the director of behavioral healthcare, developmental disabilities and hospitals to the

qualified parent applicant.

     (c) The director of behavioral healthcare, developmental disabilities and hospitals is hereby

vested with the authority to promulgate rules and regulations as are deemed necessary and in the

public interest to establish and place into operation the parent deinstitutionalization program and

authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative

who receives into his or her care, custody, and control a person under the legal authority and control

of the director of behavioral healthcare, developmental disabilities and hospitals who is or has been

a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital,

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

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

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

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

limited to, the following areas of concern:

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

certification of the parent applicant applying for subsidy aid under this chapter;

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

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

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

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

program as set forth in this chapter;

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

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

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

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

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and evaluation standards and requirements for the placement, care, support, custody, and training

of the person as are deemed reasonable and in the public interest under this chapter;

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

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

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

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

provisions of this chapter;

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

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

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

continuing eligibility requirements as the director of the department of behavioral healthcare,

developmental disabilities and hospitals shall in his or her discretion deem to be necessary and

appropriate, including, specifically, the authority to recall and return the child or adult to the

custody and control of the state and the director of behavioral healthcare, developmental disabilities

and hospitals into any care or placement program as the director may in his or her discretion order

and direct, including therein summary removal from the custody of the qualified parent applicant

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

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

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

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

regulations established by the department of behavioral healthcare, developmental disabilities and

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

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

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

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

custody to the person who may apply for inclusion in behavioral healthcare, developmental

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

     (f)(1) For the purpose of this chapter, the words “appropriate relative” shall mean an

interested and approved relative of the adult, or adoptive parent(s) or sibling(s) of the adult.

     (2) For the purpose of this chapter the words “subsidy aid” shall mean payment or

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

director of behavioral healthcare, developmental disabilities and hospitals for deinstitutionalization

subsidy aid program as set forth in this chapter.

     (g) Alternatives to institutional care. The department of behavioral healthcare,

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developmental disabilities and hospitals is hereby directed to develop options, fiscal impact

analysis, and recommendations for the expansion of shared living services to siblings of individuals

with developmental disabilities who are no longer able to be cared for at home by aging parents.

The department shall submit these recommendations to the governor, and to the general assembly

by December 31, 2013.

     SECTION 2. This act shall take effect upon passage.

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LC000351

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL

DISABILITIES AND HOSPITALS

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     This act would expand the deinstitutionalization subsidy aid program in the department of

behavioral healthcare, developmental disabilities and hospitals to include adoptive parent(s) or

siblings(s), and would allow such adoptive parent(s) or sibling(s) to care for a child or adult if the

parent was unable to do so. This act would also allow such adoptive parent(s) or sibling(s) who are

providing care to receive a subsidy through the aid program.

     This act would take effect upon passage.

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