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art.011/6/011/5/011/4/011/3/011/2 | ||
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1 | ARTICLE 11 AS AMENDED | |
2 | RELATING TO HEALTH AND HUMAN SERVICES | |
3 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby | |
4 | amended by adding thereto the following chapter: | |
5 | CHAPTER 17.29 | |
6 | PRIMARY CARE TRAINING SITES PROGRAM | |
7 | 23-17.29-1. Short title. | |
8 | This chapter shall be known and may be cited as the "Primary Care Training Sites | |
9 | Program". | |
10 | 23-17.29-2. Definitions. | |
11 | As used in this chapter, the following words and phrases are construed as follows: | |
12 | (1) "Director" means the director of the department of health; | |
13 | (2) "Grant" means a sum awarded pursuant to a contract executed pursuant to § 23-17.29- | |
14 | 4; | |
15 | (3) "National Committee for Quality Assurance" or "NCQA" means the nonprofit | |
16 | organization headquartered in the District of Columbia working to improve healthcare quality | |
17 | through the administration of evidence-based standards, measures, programs and accreditation; | |
18 | (4) "Office" means the office of primary care training established pursuant to the provisions | |
19 | of § 23-17.29-3; | |
20 | (5) "Patient-centered medical home" or "PCMH" means a model of healthcare that puts | |
21 | patients at the forefront of care by providing team-based healthcare delivery led by a healthcare | |
22 | provider to render comprehensive and continuous medical care to patients with a goal to obtain | |
23 | maximal health outcomes; | |
24 | (6) "Primary care" means day-to-day healthcare provided by a healthcare professional. | |
25 | Typically, the healthcare professional acts as the first contact and principal point of continuing care | |
26 | for patients within a healthcare system, and coordinates other specialist care that the patient may | |
27 | require; and | |
28 | (7) "Primary care site" means a site, location or medical practice that serves as the patient's | |
29 | entry point into the healthcare system and acts as the continuing focal point for all required | |
30 | healthcare services. | |
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1 | 23-17.29-3. Creation of office of primary care training -- Purpose. | |
2 | There is hereby authorized, created and established an office of primary care training | |
3 | within the department of health. The purpose of the office shall be to: | |
4 | (1) Assist the director in developing an application and selection process for the awarding | |
5 | of grants pursuant to the provisions of this chapter; | |
6 | (2) Provide oversight of grant recipients; | |
7 | (3) Coordinate meetings and related logistics to implement the provisions of this chapter; | |
8 | (4) Assist applicants for grants to comply with the process to include providing information | |
9 | and assistance in processing of grant awards; | |
10 | (5) Recommend acceptance or rejection of proposed contracts and grants to be approved | |
11 | by the director in accordance with the provisions of § 42-11-11; | |
12 | (6) Coordinate with the approval of the director, and with the director of administration, | |
13 | the approval of all contracts negotiated pursuant to the provisions of this chapter and the provisions | |
14 | of § 42-11-11; | |
15 | (7) Establish evidence-based standards to measure the success and performance of all | |
16 | recipients of grants provided pursuant to the provisions of this chapter; and | |
17 | (8) Perform all other duties as assigned by the director. | |
18 | The office of primary care training shall be staffed by the person or persons assigned by | |
19 | the director. | |
20 | 23-17.29-4. Contracts. | |
21 | In compliance with the provisions of § 42-11-11, the director shall have the authority to | |
22 | enter into contracts, subject to appropriation, for medical education to be conducted at primary care | |
23 | practice sites. Any contract entered into shall not exceed ninety thousand dollars ($90,000) per | |
24 | primary care site contract recipient, per calendar year and shall contain, at a minimum, the | |
25 | following terms, conditions and provisions: | |
26 | (1) The primary care site shall serve as an enhanced interdisciplinary clinical training site; | |
27 | (2) The primary care site shall have achieved and shall maintain NCQA PCMH distinction; | |
28 | (3) The primary care site shall provide integrated behavioral health services; | |
29 | (4) The primary care site shall provide an agreed curriculum of training for physicians, | |
30 | nurse practitioners and physician assistants; and | |
31 | (5) Training shall include a minimum of five (5) hours didactic training and shall introduce | |
32 | the trainees to the concept of PCMH and how the principles of the model have been operationalized | |
33 | in the primary care delivery setting. | |
34 | 23-17.29-5. Rules and regulations. | |
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1 | The director shall promulgate rules and regulations to implement the provisions of this | |
2 | chapter. | |
3 | 23-17.29-6. Reports. | |
4 | The director shall report annually to the general assembly and the governor no later than | |
5 | December 31 of each year on the status and progress of the primary care training sites program | |
6 | established and administered pursuant to the provisions of this chapter. | |
7 | 23-17.29-7. Severability. | |
8 | If any provision of this chapter or any rule or regulation promulgated pursuant to the | |
9 | provisions of this chapter, or its application to any person or circumstance, is held invalid by a court | |
10 | of competent jurisdiction, the reminder of the chapter, rule or regulation and the application of the | |
11 | provision to other persons or circumstances shall not be affected by its invalidity. The invalidity of | |
12 | any section or sections or portion of any section or sections of this chapter shall not affect the | |
13 | validity of the remainder of this chapter. | |
14 | SECTION 2. Sections 40-5.2-10, 40-5.2-11, and 40-5.2-12 of the General Laws in Chapter | |
15 | 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows: | |
16 | 40-5.2-10. Necessary requirements and conditions. | |
17 | The following requirements and conditions shall be necessary to establish eligibility for | |
18 | the program. | |
19 | (a) Citizenship, alienage, and residency requirements. | |
20 | (1) A person shall be a resident of the State of Rhode Island. | |
21 | (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the | |
22 | alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity | |
23 | Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be | |
24 | amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the | |
25 | alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in | |
26 | accordance with this chapter. | |
27 | (b) The family/assistance unit must meet any other requirements established by the | |
28 | department of human services by rules and regulations adopted pursuant to the Administrative | |
29 | Procedures Act, as necessary to promote the purpose and goals of this chapter. | |
30 | (c) Receipt of cash assistance is conditional upon compliance with all program | |
31 | requirements. | |
32 | (d) All individuals domiciled in this state shall be exempt from the application of | |
33 | subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work | |
34 | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any | |
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1 | individual ineligible for certain state and federal assistance if that individual has been convicted | |
2 | under federal or state law of any offense that is classified as a felony by the law of the jurisdiction | |
3 | and that has as an element the possession, use, or distribution of a controlled substance as defined | |
4 | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). | |
5 | (e) Individual employment plan as a condition of eligibility. | |
6 | (1) Following receipt of an application, the department of human services shall assess the | |
7 | financial conditions of the family, including the non-parent caretaker relative who is applying for | |
8 | cash assistance for themself as well as for the minor child(ren), in the context of an eligibility | |
9 | determination. If a parent or non-parent caretaker relative is unemployed or under-employed, the | |
10 | department shall conduct an initial assessment, taking into account: | |
11 | (A) The physical capacity, skills, education, work experience, health, safety, family | |
12 | responsibilities, and place of residence of the individual; and | |
13 | (B) The child care and supportive services required by the applicant to avail themself of | |
14 | employment opportunities and/or work readiness programs. | |
15 | (2) On the basis of this assessment, the department of human services and the department | |
16 | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual | |
17 | employment plan for the family that requires the individual to participate in the intensive | |
18 | employment services. Intensive employment services shall be defined as the work requirement | |
19 | activities in § 40-5.2-12(g) and (i). | |
20 | (3) The director, or the director’s designee, may assign a case manager to an | |
21 | applicant/participant, as appropriate. | |
22 | (4) The department of labor and training and the department of human services in | |
23 | conjunction with the participant shall develop a revised individual employment plan that shall | |
24 | identify employment objectives, taking into consideration factors above, and shall include a | |
25 | strategy for immediate employment and for preparing for, finding, and retaining employment | |
26 | consistent, to the extent practicable, with the individual’s career objectives. | |
27 | (5) The individual employment plan must include the provision for the participant to | |
28 | engage in work requirements as outlined in § 40-5.2-12. | |
29 | (6)(i) The participant shall attend and participate immediately in intensive assessment and | |
30 | employment services as the first step in the individual employment plan, unless temporarily exempt | |
31 | from this requirement in accordance with this chapter. Intensive assessment and employment | |
32 | services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). | |
33 | (ii) Parents under age twenty (20) without a high school diploma or general equivalency | |
34 | diploma (GED) shall be referred to special teen-parent programs that will provide intensive services | |
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1 | designed to assist teen parents to complete high school education or GED, and to continue approved | |
2 | work plan activities in accord with Rhode Island works program requirements. | |
3 | (7) The applicant shall become a participant in accordance with this chapter at the time the | |
4 | individual employment plan is signed and entered into. | |
5 | (8) Applicants and participants of the Rhode Island works program shall agree to comply | |
6 | with the terms of the individual employment plan, and shall cooperate fully with the steps | |
7 | established in the individual employment plan, including the work requirements. | |
8 | (9) The department of human services has the authority under the chapter to require | |
9 | attendance by the applicant/participant, either at the department of human services or at the | |
10 | department of labor and training, at appointments deemed necessary for the purpose of having the | |
11 | applicant enter into and become eligible for assistance through the Rhode Island works program. | |
12 | The appointments include, but are not limited to: the initial interview, orientation and assessment; | |
13 | job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance | |
14 | in accordance with rules and regulations established by the department. | |
15 | (10) As a condition of eligibility for assistance pursuant to this chapter, the | |
16 | applicant/participant shall be obligated to keep appointments; attend orientation meetings at the | |
17 | department of human services and/or the Rhode Island department of labor and training; participate | |
18 | in any initial assessments or appraisals; and comply with all the terms of the individual employment | |
19 | plan in accordance with department of human services rules and regulations. | |
20 | (11) A participant, including a parent or non-parent caretaker relative included in the cash | |
21 | assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as | |
22 | defined in this chapter or the department’s rules and regulations. | |
23 | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in | |
24 | § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned | |
25 | in accordance with rules and regulations promulgated by the department. | |
26 | (f) Resources. | |
27 | (1) The family or assistance unit’s countable resources shall be less than the allowable | |
28 | resource limit established by the department in accordance with this chapter. | |
29 | (2) No family or assistance unit shall be eligible for assistance payments if the combined | |
30 | value of its available resources (reduced by any obligations or debts with respect to such resources) | |
31 | exceeds five thousand dollars ($5,000). | |
32 | (3) For purposes of this subsection, the following shall not be counted as resources of the | |
33 | family/assistance unit in the determination of eligibility for the works program: | |
34 | (i) The home owned and occupied by a child, parent, relative, or other individual; | |
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1 | (ii) Real property owned by a husband and wife as tenants by the entirety, if the property | |
2 | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in | |
3 | the property; | |
4 | (iii) Real property that the family is making a good faith effort to dispose of, however, any | |
5 | cash assistance payable to the family for any such period shall be conditioned upon such disposal | |
6 | of the real property within six (6) months of the date of application and any payments of assistance | |
7 | for that period shall (at the time of disposal) be considered overpayments to the extent that they | |
8 | would not have occurred at the beginning of the period for which the payments were made. All | |
9 | overpayments are debts subject to recovery in accordance with the provisions of the chapter; | |
10 | (iv) Income-producing property other than real estate including, but not limited to, | |
11 | equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or | |
12 | services that the department determines are necessary for the family to earn a living; | |
13 | (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per | |
14 | household, and in addition, a vehicle used primarily for income-producing purposes such as, but | |
15 | not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that | |
16 | annually produces income consistent with its fair market value, even if only used on a seasonal | |
17 | basis; a vehicle necessary to transport a family member with a disability where the vehicle is | |
18 | specially equipped to meet the specific needs of the person with a disability or if the vehicle is a | |
19 | special type of vehicle that makes it possible to transport the person with a disability; | |
20 | (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of | |
21 | limited value; | |
22 | (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) | |
23 | and funeral arrangements; | |
24 | (viii) For the month of receipt and the following month, any refund of federal income taxes | |
25 | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating | |
26 | to earned income tax credit), and any payment made to the family by an employer under § 3507 of | |
27 | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of | |
28 | such earned income credit); | |
29 | (ix) The resources of any family member receiving supplementary security income | |
30 | assistance under the Social Security Act, 42 U.S.C. § 301 et seq.; | |
31 | (x) Any veteran’s disability pension benefits received as a result of any disability sustained | |
32 | by the veteran while in the military service. | |
33 | (g) Income. | |
34 | (1) Except as otherwise provided for herein, in determining eligibility for and the amount | |
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1 | of cash assistance to which a family is entitled under this chapter, the income of a family includes | |
2 | all of the money, goods, and services received or actually available to any member of the family. | |
3 | (2) In determining the eligibility for and the amount of cash assistance to which a | |
4 | family/assistance unit is entitled under this chapter, income in any month shall not include the first | |
5 | three hundred dollars ($300) five hundred and twenty-five dollars ($525) of gross earnings plus | |
6 | fifty percent (50%) of the gross earnings of the family in excess of three hundred dollars ($300) | |
7 | five hundred and twenty-five dollars ($525) earned during the month. | |
8 | (3) The income of a family shall not include: | |
9 | (i) The first fifty dollars ($50.00) in child support received in any month from each | |
10 | noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty | |
11 | dollars ($50.00) per month multiplied by the number of months in which the support has been in | |
12 | arrears) that are paid in any month by a noncustodial parent of a child; | |
13 | (ii) Earned income of any child; | |
14 | (iii) Income received by a family member who is receiving Supplemental Security Income | |
15 | (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; | |
16 | (iv) The value of assistance provided by state or federal government or private agencies to | |
17 | meet nutritional needs, including: value of USDA-donated foods; value of supplemental food | |
18 | assistance received under the Child Nutrition Act of 1966, as amended, and the special food service | |
19 | program for children under Title VII, nutrition program for the elderly, of the Older Americans Act | |
20 | of 1965 as amended, and the value of food stamps; | |
21 | (v) Value of certain assistance provided to undergraduate students, including any grant or | |
22 | loan for an undergraduate student for educational purposes made or insured under any loan program | |
23 | administered by the United States Commissioner of Education (or the Rhode Island council on | |
24 | postsecondary education or the Rhode Island division of higher education assistance); | |
25 | (vi) Foster care payments; | |
26 | (vii) Home energy assistance funded by state or federal government or by a nonprofit | |
27 | organization; | |
28 | (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made | |
29 | to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE | |
30 | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act | |
31 | of 1973, 42 U.S.C. § 5000 et seq.; | |
32 | (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules | |
33 | and regulations; | |
34 | (x) Certain payments to native Americans; payments distributed per capita to, or held in | |
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1 | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, | |
2 | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes | |
3 | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, | |
4 | 1975; | |
5 | (xi) Refund from the federal and state earned income tax credit and any federal or state | |
6 | child tax credits or rebates; | |
7 | (xii) The value of any state, local, or federal government rent or housing subsidy, provided | |
8 | that this exclusion shall not limit the reduction in benefits provided for in the payment standard | |
9 | section of this chapter; | |
10 | (xiii) The earned income of any adult family member who gains employment while an | |
11 | active RI Works household member. This income is excluded for the first six (6) months of | |
12 | employment in which the income is earned, or until the household’s total gross income exceeds | |
13 | one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches | |
14 | its sixty-month (60) time limit first; | |
15 | (xiv) Any veteran’s disability pension benefits received as a result of any disability | |
16 | sustained by the veteran while in the military service. | |
17 | (4) The receipt of a lump sum of income shall affect participants for cash assistance in | |
18 | accordance with rules and regulations promulgated by the department. | |
19 | (h) Time limit on the receipt of cash assistance. | |
20 | (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this | |
21 | chapter, to a family or assistance unit that includes an adult member who has received cash | |
22 | assistance for a total of sixty (60) months (whether or not consecutive), to include any time | |
23 | receiving any type of cash assistance in any other state or territory of the United States of America | |
24 | as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) | |
25 | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to | |
26 | a family or assistance unit that includes an adult member who has received cash assistance for a | |
27 | total of a lifetime limit of sixty (60) months. | |
28 | (2) Cash benefits received by a minor dependent child shall not be counted toward their | |
29 | lifetime time limit for receiving benefits under this chapter should that minor child apply for cash | |
30 | benefits as an adult. | |
31 | (3) Certain minor children not subject to time limit. This section regarding the lifetime time | |
32 | limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) | |
33 | living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult | |
34 | non-parent caretaker relative who is not in the cash assistance payment. | |
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1 | (4) Receipt of family cash assistance in any other state or territory of the United States of | |
2 | America shall be determined by the department of human services and shall include family cash | |
3 | assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds | |
4 | [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance | |
5 | provided under a program similar to the Rhode Island families work and opportunity program or | |
6 | the federal TANF program. | |
7 | (5)(i) The department of human services shall mail a notice to each assistance unit when | |
8 | the assistance unit has six (6) months of cash assistance remaining and each month thereafter until | |
9 | the time limit has expired. The notice must be developed by the department of human services and | |
10 | must contain information about the lifetime time limit, the number of months the participant has | |
11 | remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus; | |
12 | and any other information pertinent to a family or an assistance unit nearing the sixty-month (60) | |
13 | lifetime time limit. | |
14 | (ii) For applicants who have less than six (6) months remaining in the sixty-month (60) | |
15 | lifetime time limit because the family or assistance unit previously received cash assistance in | |
16 | Rhode Island or in another state, the department shall notify the applicant of the number of months | |
17 | remaining when the application is approved and begin the process required in subsection (h)(5)(i). | |
18 | (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary | |
19 | Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal | |
20 | Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family | |
21 | independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction | |
22 | because of failure to comply with the cash assistance program requirements; and that recipient | |
23 | family received sixty (60) months of cash benefits in accordance with the family independence | |
24 | program, then that recipient family is not able to receive further cash assistance for his/her family, | |
25 | under this chapter, except under hardship exceptions. | |
26 | (7) The months of state or federally funded cash assistance received by a recipient family | |
27 | since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program | |
28 | (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), | |
29 | formerly entitled the Rhode Island family independence program, shall be countable toward the | |
30 | time-limited cash assistance described in this chapter. | |
31 | (i) Time limit on the receipt of cash assistance. | |
32 | (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance | |
33 | unit in which an adult member has received cash assistance for a total of sixty (60) months (whether | |
34 | or not consecutive) to include any time receiving any type of cash assistance in any other state or | |
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1 | territory of the United States as defined herein effective August 1, 2008. Provided further, that no | |
2 | cash assistance shall be provided to a family in which an adult member has received assistance for | |
3 | twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan | |
4 | as provided in § 40-5.2-12(g)(5). | |
5 | (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter | |
6 | to a family in which a child has received cash assistance for a total of sixty (60) months (whether | |
7 | or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection | |
8 | (a)(2) to include any time they received any type of cash assistance in any other state or territory | |
9 | of the United States as defined herein. | |
10 | (j) Hardship exceptions. | |
11 | (1) The department may extend an assistance unit’s or family’s cash assistance beyond the | |
12 | time limit, by reason of hardship; provided, however, that the number of families to be exempted | |
13 | by the department with respect to their time limit under this subsection shall not exceed twenty | |
14 | percent (20%) of the average monthly number of families to which assistance is provided for under | |
15 | this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by | |
16 | federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in | |
17 | determining the twenty percent (20%) maximum under this section. | |
18 | (2) Parents who receive extensions to the time limit due to hardship must have and comply | |
19 | with employment plans designed to remove or ameliorate the conditions that warranted the | |
20 | extension. | |
21 | (k) Parents under eighteen (18) years of age. | |
22 | (1) A family consisting of a parent who is under the age of eighteen (18), and who has | |
23 | never been married, and who has a child; or a family consisting of a person under the age of eighteen | |
24 | (18) from onset of pregnancy shall be eligible for cash assistance only if the family resides in the | |
25 | home of an adult parent, legal guardian, or other adult relative. The assistance shall be provided to | |
26 | the adult parent, legal guardian, or other adult relative on behalf of the individual and child unless | |
27 | otherwise authorized by the department. | |
28 | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, | |
29 | legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the | |
30 | department determines that the physical or emotional health or safety of the minor parent, or his or | |
31 | her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same | |
32 | residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal | |
33 | guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor, | |
34 | to live in his or her home shall constitute a presumption that the health or safety would be so | |
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1 | jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or | |
2 | legal guardian for a period of at least one year before either the birth of any child to a minor parent | |
3 | or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental | |
4 | regulations, for waiving the subsection; and the individual resides in a supervised supportive-living | |
5 | arrangement to the extent available. | |
6 | (3) For purposes of this section, “supervised supportive-living arrangement” means an | |
7 | arrangement that requires minor parents to enroll and make satisfactory progress in a program | |
8 | leading to a high school diploma or a general education development certificate, and requires minor | |
9 | parents to participate in the adolescent parenting program designated by the department, to the | |
10 | extent the program is available; and provides rules and regulations that ensure regular adult | |
11 | supervision. | |
12 | (l) Assignment and cooperation. As a condition of eligibility for cash and medical | |
13 | assistance under this chapter, each adult member, parent, or caretaker relative of the | |
14 | family/assistance unit must: | |
15 | (1) Assign to the state any rights to support for children within the family from any person | |
16 | that the family member has at the time the assignment is executed or may have while receiving | |
17 | assistance under this chapter; | |
18 | (2) Consent to and cooperate with the state in establishing the paternity and in establishing | |
19 | and/or enforcing child support and medical support orders for all children in the family or assistance | |
20 | unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker | |
21 | relative is found to have good cause for refusing to comply with the requirements of this subsection. | |
22 | (3) Absent good cause, as defined by the department of human services through the | |
23 | rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2), | |
24 | cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member | |
25 | of the family who has refused to comply with the requirements of this subsection consents to and | |
26 | cooperates with the state in accordance with the requirements of this subsection. | |
27 | (4) As a condition of eligibility for cash and medical assistance under this chapter, each | |
28 | adult member, parent, or caretaker relative of the family/assistance unit must consent to and | |
29 | cooperate with the state in identifying and providing information to assist the state in pursuing any | |
30 | third party who may be liable to pay for care and services under Title XIX of the Social Security | |
31 | Act, 42 U.S.C. § 1396 et seq. | |
32 | 40-5.2-11. Cash assistance. | |
33 | (a) A family or assistance unit found by the department to meet the eligibility criteria set | |
34 | forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written | |
|
| |
1 | application, signed under a penalty of perjury, is received by the department. | |
2 | (b) The family members or assistance unit shall be eligible for cash assistance for so long | |
3 | as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and | |
4 | adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet | |
5 | the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall | |
6 | be eligible for assistance as a member of the assistance unit so long as he or she meets all the | |
7 | eligibility requirements of this chapter. | |
8 | (c) The monthly amount of cash assistance shall be equal to the payment standard for the | |
9 | family minus the countable income of the family in that month. The department is authorized to | |
10 | reduce the amount of assistance in the month of application to reflect the number of the days | |
11 | between the first day of the month and the effective date of the application. | |
12 | (d) A decision on the application for assistance shall be made or rejected by the department | |
13 | no later than thirty (30) days following the date submitted and shall be effective as of the date of | |
14 | application. | |
15 | (e) The payment standard is equal to the sum of the following: four hundred twenty-five | |
16 | dollars ($425) five hundred ten dollars ($510) (three hundred sixty dollars ($360) (four hundred | |
17 | forty-five dollars ($445) for a family residing in subsidized housing) for the first person; one | |
18 | hundred fifty-nine dollars ($159) one hundred ninety-one dollars ($191) for the second person; one | |
19 | hundred thirty-seven dollars ($137) one hundred sixty-four dollars ($164) for the third person; and | |
20 | one hundred four dollars ($104) one hundred twenty-five dollars ($125) for each additional person. | |
21 | 40-5.2-12. Work requirements for receipt of cash assistance. | |
22 | (a) The department of human services and the department of labor and training shall assess | |
23 | the applicant/parent or non-parent caretaker relative’s work experience, educational, and vocational | |
24 | abilities, and the department, together with the parent, shall develop and enter into a mandatory, | |
25 | individual employment plan in accordance with § 40-5.2-10(e). | |
26 | (b) In the case of a family including two (2) parents, at least one of the parents shall be | |
27 | required to participate in an employment plan leading to full-time employment. The department | |
28 | may also require the second parent in a two-parent (2) household to develop an employment plan | |
29 | if, and when, the youngest child reaches six (6) years of age or older. | |
30 | (c) The written, individual employment plan shall specify, at minimum, the immediate | |
31 | steps necessary to support a goal of long-term, economic independence. | |
32 | (d) All applicants and participants in the Rhode Island works employment program must | |
33 | attend and participate in required appointments, employment plan development, and employment- | |
34 | related activities, unless temporarily exempt for reasons specified in this chapter. | |
|
| |
1 | (e) A recipient/participant temporarily exempted from the work requirements may | |
2 | participate in an individual employment plan on a voluntary basis, however, the individual remains | |
3 | subject to the same program compliance requirements as a participant without a temporary | |
4 | exemption. | |
5 | (f) The individual employment plan shall specify the participant’s work activity(ies) and | |
6 | the supportive services that will be provided by the department to enable the participant to engage | |
7 | in the work activity(ies). | |
8 | (g) Work requirements for single-parent families. In single-parent households, the | |
9 | participant parent or non-parent caretaker relative in the cash assistance payment, shall participate | |
10 | as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in | |
11 | the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest | |
12 | child in the home is six (6) years of age or older, in one or more of their required work activities, | |
13 | as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined | |
14 | by the department of human services and the department of labor and training; provided, however, | |
15 | that he or she shall begin with intensive employment services as the first step in the individual | |
16 | employment plan. Required work activities are as follows: | |
17 | (1) At least twenty (20) hours per week must come from participation in one or more of | |
18 | the following ten (10) work activities: | |
19 | (i) Unsubsidized employment; | |
20 | (ii) Subsidized private-sector employment; | |
21 | (iii) Subsidized public-sector employment; | |
22 | (iv) Work experience; | |
23 | (v) On-the-job training; | |
24 | (vi) Job search and job readiness; | |
25 | (vii) Community service programs; | |
26 | (viii) Vocational educational training not to exceed twelve (12) months; provided, | |
27 | however, that a participant who successfully completes their first year of education at the | |
28 | community college of Rhode Island may participate in vocational education training for an | |
29 | additional twelve (12) months; | |
30 | (ix) Providing childcare services to another participant parent who is participating in an | |
31 | approved community service program; and | |
32 | (x) Adult education in an intensive work-readiness program. | |
33 | (2) Above twenty (20) hours per week, the parent may participate in one or more of the | |
34 | following three (3) activities in order to satisfy a thirty-hour (30) requirement: | |
|
| |
1 | (i) Job skills training directly related to employment; | |
2 | (ii) Education directly related to employment; and | |
3 | (iii) Satisfactory attendance at a secondary school or in a course of study leading to a | |
4 | certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without | |
5 | a high school diploma or General Equivalence Diploma (GED). | |
6 | (3) In the case of a parent under the age of twenty (20), attendance at a secondary school | |
7 | or the equivalent during the month, or twenty (20) hours per week on average for the month in | |
8 | education directly related to employment, will be counted as engaged in work. | |
9 | (4) A parent who participates in a work experience or community service program for the | |
10 | maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed | |
11 | to have participated in his or her required minimum hours per week in core activities if actual | |
12 | participation falls short of his or her required minimum hours per week. | |
13 | (5) A parent who has been determined to have a physical or mental impairment affecting | |
14 | employment, but who has not been found eligible for Social Security Disability benefits or | |
15 | Supplemental Security Income must participate in his or her rehabilitation employment plan as | |
16 | developed with the office of rehabilitation services that leads to employment and/or to receipt of | |
17 | disability benefits through the Social Security Administration. | |
18 | (6) A required work activity may be any other work activity permissible under federal | |
19 | TANF provisions or state-defined Rhode Island works program activity, including up to ten (10) | |
20 | hours of activities required by a parent’s department of children, youth and families service plan. | |
21 | (h) Exemptions from work requirements for the single-parent family. Work requirements | |
22 | outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department | |
23 | finds that he or she is: | |
24 | (1) Caring for a child below the age of one; provided, however, that a parent may opt for | |
25 | the deferral from an individual employment plan for a maximum of twelve (12) months during the | |
26 | twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent | |
27 | without a high school diploma or the equivalent, and who is not married, shall not be exempt for | |
28 | more than twelve (12) weeks from the birth of the child; | |
29 | (2) Caring for a disabled family member who resides in the home and requires full-time | |
30 | care; | |
31 | (3) A recipient of Social Security Disability benefits or Supplemental Security Income or | |
32 | other disability benefits that have the same standard of disability as defined by the Social Security | |
33 | Administration; | |
34 | (4) An individual receiving assistance who is a victim of domestic violence as determined | |
|
| |
1 | by the department in accordance with rules and regulations; | |
2 | (5) An applicant for assistance in her third trimester or a pregnant woman in her third | |
3 | trimester who is a recipient of assistance and has medical documentation that she cannot work; | |
4 | (6) An individual otherwise exempt by the department as defined in rules and regulations | |
5 | promulgated by the department. | |
6 | (i) Work requirement for two-parent families. | |
7 | (1) In families consisting of two (2) parents, one or both parents are required, and shall be | |
8 | engaged in, work activities as defined below, for an individual or combined total of at least thirty- | |
9 | five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are | |
10 | attributable to one or more of the following listed work activities; provided, however, that he or she | |
11 | shall begin with intensive employment services as the first step in the individual employment plan. | |
12 | Two-parent work requirements shall be defined as the following: | |
13 | (i) Unsubsidized employment; | |
14 | (ii) Subsidized private-sector employment; | |
15 | (iii) Subsidized public-sector employment; | |
16 | (iv) Work experience; | |
17 | (v) On-the-job training; | |
18 | (vi) Job search and job readiness; | |
19 | (vii) Community service program; | |
20 | (viii) Vocational educational training not to exceed twelve (12) months; provided, | |
21 | however, that a participant who successfully completes their first year of education at the | |
22 | community college of Rhode Island may participate in vocational education training for an | |
23 | additional twelve (12) months; | |
24 | (ix) The provision of childcare services to a participant individual who is participating in a | |
25 | community service program; and | |
26 | (x) Adult education in an intensive work-readiness program. | |
27 | (2) Above thirty (30) hours per week, the following three (3) activities may also count for | |
28 | participation: | |
29 | (i) Job skills training directly related to employment; | |
30 | (ii) Education directly related to employment; and | |
31 | (iii) Satisfactory attendance at secondary school or in a course of study leading to a | |
32 | certificate of general equivalence. | |
33 | (3) A family with two (2) parents, in which one or both parents participate in a work | |
34 | experience or community service program, shall be deemed to have participated in core work | |
|
| |
1 | activities for the maximum number of hours per week allowable by the Fair Labor Standards Act | |
2 | (FLSA) if actual participation falls short of his or her required minimum hours per week. | |
3 | (4) If the family receives childcare assistance and an adult in the family is not disabled or | |
4 | caring for a severely disabled child, then the work-eligible individuals must be participating in work | |
5 | activities for an average of at least fifty-five (55) hours per week to count as a two-parent family | |
6 | engaged in work for the month. | |
7 | (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in | |
8 | the activities listed in subsection (i)(1). | |
9 | Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also | |
10 | count as participation. | |
11 | (6) A family with two (2) parents receiving child care in which one or both parents | |
12 | participate in a work experience or community service program for the maximum number of hours | |
13 | per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their | |
14 | required core hours if actual participation falls short of the required minimum hours per week. For | |
15 | families that need additional hours beyond the core activity requirement, these hours must be | |
16 | satisfied in some other TANF work activity. | |
17 | (j) Exemptions from work requirements for two-parent families. Work requirements | |
18 | outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department | |
19 | finds that: | |
20 | (1) Both parents receive Supplemental Security Income (SSI); | |
21 | (2) One parent receives SSI, and the other parent is caring for a disabled family member | |
22 | who resides in the home and who requires full-time care; or | |
23 | (3) The parents are otherwise exempt by the department as defined in rules and regulations. | |
24 | (k) Failure to comply with work requirements — Sanctions and terminations. | |
25 | (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled | |
26 | under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance | |
27 | with rules and regulations promulgated by the department, whenever any participant, without good | |
28 | cause as defined by the department in its rules and regulations, has failed to enter into an individual | |
29 | employment plan; has failed to attend a required appointment; has refused or quit employment; or | |
30 | has failed to comply with any other requirements for the receipt of cash assistance under this | |
31 | chapter. The reduction in cash assistance shall not exceed the share of the payment made to the | |
32 | participant, i.e., the amount paid in addition to the payment for the dependent children. If the | |
33 | family’s benefit has been reduced, benefits shall be restored to the full amount beginning with the | |
34 | initial payment made on the first of the month following the month in which the parent: (i) Enters | |
|
| |
1 | into an individual employment plan or rehabilitation plan and demonstrates compliance with the | |
2 | terms thereof; or (ii) Demonstrates compliance with the terms of his or her existing individual | |
3 | employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent | |
4 | and the department. | |
5 | (2) In the case where appropriate child care has been made available in accordance with | |
6 | this chapter, a participant’s failure, without good cause, to accept a bona fide offer of work, | |
7 | including full-time, part-time, and/or temporary employment, or unpaid work experience or | |
8 | community service, shall be deemed a failure to comply with the work requirements of this section | |
9 | and shall result in reduction or termination of cash assistance, as defined by the department in rules | |
10 | and regulations duly promulgated. | |
11 | (3) If the family/assistance unit’s benefit has been reduced for a total of three (3) months, | |
12 | whether or not consecutive in accordance with this section due to the failure by one or more parents | |
13 | to enter into an individual employment plan, or failure to comply with the terms of his or her | |
14 | individual employment plan, or the failure to comply with the requirements of this chapter, cash | |
15 | assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and | |
16 | the benefits shall be restored to the family/assistance unit in the full amount the family/assistance | |
17 | unit is otherwise eligible for under this chapter beginning on the first of the month following the | |
18 | month in which all parents in the family/assistance unit who are subject to the employment or | |
19 | rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or | |
20 | rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii) | |
21 | Demonstrate compliance with the terms of the parent’s individual employment or rehabilitation | |
22 | employment plan in effect at the time of termination of benefits, as such plan may be amended by | |
23 | agreement of the parent and the department. | |
24 | (4)(3) Up to ten (10) days following a notice of adverse action to reduce or terminate | |
25 | benefits under this subsection, the client may request the opportunity to meet with a social worker | |
26 | to identify the reasons for non-compliance, establish good cause, and seek to resolve any issues | |
27 | that have prevented the parent from complying with the employment plan requirements. | |
28 | (5)(4) Participants whose cases had closed in sanction status pursuant to Rhode Island’s | |
29 | prior Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A | |
30 | of the federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more | |
31 | specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program | |
32 | requirements, but who had received less than forty-eight (48) months of cash assistance at the time | |
33 | of closure, and who reapply for cash assistance under the Rhode Island works program, must | |
34 | demonstrate full compliance, as defined by the department in its rules and regulations, before they | |
|
| |
1 | shall be eligible for cash assistance pursuant to this chapter. | |
2 | (l) Good cause. Good cause for failing to meet any program requirements including leaving | |
3 | employment, and failure to fulfill documentation requirements, shall be outlined in rules and | |
4 | regulations promulgated by the department of human services. | |
5 | SECTION 3. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode | |
6 | Island Works Program" is hereby amended to read as follows: | |
7 | 40-5.2-20. Childcare assistance — Families or assistance units eligible. | |
8 | (a) The department shall provide appropriate child care to every participant who is eligible | |
9 | for cash assistance and who requires child care in order to meet the work requirements in | |
10 | accordance with this chapter. | |
11 | (b) Low-income child care. The department shall provide child care to all other working | |
12 | families with incomes at or below two hundred percent (200%) two hundred sixty-one percent | |
13 | (261%) of the federal poverty level if, and to the extent, these other families require child care in | |
14 | order to work at paid employment as defined in the department’s rules and regulations. The | |
15 | department shall also provide child care to families with incomes below two hundred two hundred | |
16 | sixty-one percent (200%) (261%) of the federal poverty level if, and to the extent, these families | |
17 | require child care to participate on a short-term basis, as defined in the department’s rules and | |
18 | regulations, in training, apprenticeship, internship, on-the-job training, work experience, work | |
19 | immersion, or other job-readiness/job-attachment program sponsored or funded by the human | |
20 | resource investment council (governor’s workforce board) or state agencies that are part of the | |
21 | coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021, through June | |
22 | 30, 2022, the department shall also provide childcare assistance to families with incomes below | |
23 | one hundred eighty percent (180%) of the federal poverty level when such assistance is necessary | |
24 | for a member of these families to enroll or maintain enrollment in a Rhode Island public institution | |
25 | of higher education provided that eligibility to receive funding is capped when expenditures reach | |
26 | $200,000 for this provision. Effective July 1, 2022 through December 31, 2024, the department | |
27 | shall also provide childcare assistance to families with incomes below two hundred percent (200%) | |
28 | of the federal poverty level when such assistance is necessary for a member of these families to | |
29 | enroll or maintain enrollment in a Rhode Island public institution of higher education. Effective | |
30 | January 1, 2025, the department shall also provide childcare assistance to families with incomes | |
31 | below two hundred sixty-one percent (261%) of the federal poverty level when such assistance is | |
32 | necessary for a member of these families to enroll or maintain enrollment in a Rhode Island public | |
33 | institution of higher education. | |
34 | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if | |
|
| |
1 | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which | |
2 | corresponds to the amount permitted by the federal government under the state plan and set forth | |
3 | in the administrative rulemaking process by the department. Liquid resources are defined as any | |
4 | interest(s) in property in the form of cash or other financial instruments or accounts that are readily | |
5 | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit | |
6 | union, or other financial institution savings, checking, and money market accounts; certificates of | |
7 | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments | |
8 | or accounts. These do not include educational savings accounts, plans, or programs; retirement | |
9 | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. | |
10 | The department is authorized to promulgate rules and regulations to determine the ownership and | |
11 | source of the funds in the joint account. | |
12 | (d) As a condition of eligibility for childcare assistance under this chapter, the parent or | |
13 | caretaker relative of the family must consent to, and must cooperate with, the department in | |
14 | establishing paternity, and in establishing and/or enforcing child support and medical support | |
15 | orders for any children in the family receiving appropriate child care under this section in | |
16 | accordance with the applicable sections of title 15, as amended, unless the parent or caretaker | |
17 | relative is found to have good cause for refusing to comply with the requirements of this subsection. | |
18 | (e) For purposes of this section, “appropriate child care” means child care, including infant, | |
19 | toddler, preschool, nursery school, and school-age, that is provided by a person or organization | |
20 | qualified, approved, and authorized to provide the care by the state agency or agencies designated | |
21 | to make the determinations in accordance with the provisions set forth herein. | |
22 | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal | |
23 | poverty level guidelines shall be provided with free child care. Families with incomes greater than | |
24 | one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal | |
25 | poverty guideline shall be required to pay for some portion of the child care they receive, according | |
26 | to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven | |
27 | percent (7%) of income as defined in subsection (h) of this section. | |
28 | (2) Families who are receiving childcare assistance and who become ineligible for | |
29 | childcare assistance as a result of their incomes exceeding two hundred percent (200%) two | |
30 | hundred sixty-one percent (261%) of the applicable federal poverty guidelines shall continue to be | |
31 | eligible for childcare assistance until their incomes exceed three hundred percent (300%) of the | |
32 | applicable federal poverty guidelines. To be eligible, the families must continue to pay for some | |
33 | portion of the child care they receive, as indicated in a sliding-fee scale adopted in the department’s | |
34 | rules, not to exceed seven percent (7%) of income as defined in subsection (h) of this section, and | |
|
| |
1 | in accordance with all other eligibility standards. | |
2 | (g) In determining the type of child care to be provided to a family, the department shall | |
3 | take into account the cost of available childcare options; the suitability of the type of care available | |
4 | for the child; and the parent’s preference as to the type of child care. | |
5 | (h) For purposes of this section, “income” for families receiving cash assistance under § | |
6 | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in | |
7 | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and | |
8 | unearned income as determined by departmental regulations. | |
9 | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast | |
10 | the expenditures for child care in accordance with the provisions of § 35-17-1. | |
11 | (j) In determining eligibility for childcare assistance for children of members of reserve | |
12 | components called to active duty during a time of conflict, the department shall freeze the family | |
13 | composition and the family income of the reserve component member as it was in the month prior | |
14 | to the month of leaving for active duty. This shall continue until the individual is officially | |
15 | discharged from active duty. | |
16 | (k) Effective from August 1, 2023, through July 31, 2024 2025, the department shall | |
17 | provide funding for child care for eligible childcare educators, and childcare staff, who work at | |
18 | least twenty (20) hours a week in licensed childcare centers and licensed family childcare homes | |
19 | as defined in the department’s rules and regulations. Eligibility is limited to qualifying childcare | |
20 | educators and childcare staff with family incomes up to three hundred percent (300%) of the | |
21 | applicable federal poverty guidelines and will have no copayments. Qualifying participants may | |
22 | select the childcare center or family childcare home for their children. The department shall | |
23 | promulgate regulations necessary to implement this section, and will collect applicant and | |
24 | participant data to report estimated demand for state-funded child care for eligible childcare | |
25 | educators and childcare staff. The report shall be due to the governor and the general assembly by | |
26 | November 1, 2024. | |
27 | SECTION 4. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child | |
28 | Care — State Subsidies" is hereby amended to read as follows: | |
29 | 40-6.2-1.1. Rates established. | |
30 | (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the | |
31 | maximum reimbursement rates to be paid by the departments of human services and children, youth | |
32 | and families for licensed childcare centers and licensed family childcare providers shall be based | |
33 | on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the | |
34 | average of the 75th percentile of the 2002 and the 2004 weekly market rates: | |
|
| |
1 | Licensed Childcare Centers 75th Percentile of Weekly | |
2 | Market Rate | |
3 | Infant $182.00 | |
4 | Preschool $150.00 | |
5 | School-Age $135.00 | |
6 | Licensed Family Childcare 75th Percentile of Weekly | |
7 | Providers Market Rate | |
8 | Infant $150.00 | |
9 | Preschool $150.00 | |
10 | School-Age $135.00 | |
11 | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum | |
12 | reimbursement rates to be paid by the departments of human services and children, youth and | |
13 | families for licensed childcare centers and licensed family childcare providers shall be based on the | |
14 | above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of | |
15 | the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by | |
16 | ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare | |
17 | providers and license-exempt providers and then the rates for all providers for all age groups shall | |
18 | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare | |
19 | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty- | |
20 | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one | |
21 | cents ($161.71) for preschool-age children. | |
22 | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the | |
23 | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of | |
24 | human services and children, youth and families for licensed childcare centers shall be | |
25 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
26 | the state’s quality rating system outlined in § 42-12-23.1. | |
27 | (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent | |
28 | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above | |
29 | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY | |
30 | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly | |
31 | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly | |
32 | amount. | |
33 | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half | |
34 | (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) | |
|
| |
1 | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY | |
2 | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 | |
3 | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 | |
4 | weekly amount. | |
5 | (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.] | |
6 | (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and | |
7 | training shall conduct an independent survey or certify an independent survey of the then-current | |
8 | weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey | |
9 | to the department of human services. The next survey shall be conducted by June 30, 2016, and | |
10 | triennially thereafter. The departments of human services and labor and training will jointly | |
11 | determine the survey criteria including, but not limited to, rate categories and sub-categories. | |
12 | (e) In order to expand the accessibility and availability of quality child care, the department | |
13 | of human services is authorized to establish, by regulation, alternative or incentive rates of | |
14 | reimbursement for quality enhancements, innovative or specialized child care, and alternative | |
15 | methodologies of childcare delivery, including nontraditional delivery systems and collaborations. | |
16 | (f) Effective January 1, 2007, all childcare providers have the option to be paid every two | |
17 | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of | |
18 | reimbursement payments. | |
19 | (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by | |
20 | the departments of human services and children, youth and families for licensed family childcare | |
21 | providers shall be implemented in a tiered manner, reflective of the quality rating the provider has | |
22 | achieved within the state’s quality rating system outlined in § 42-12-23.1. Tier one shall be | |
23 | reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three | |
24 | percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the | |
25 | prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the | |
26 | prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base | |
27 | rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier | |
28 | five shall be reimbursed twenty-three percent (23%) above the prevailing base rate. | |
29 | (h) Through December 31, 2021, the maximum reimbursement rates paid by the | |
30 | departments of human services, and children, youth and families to licensed childcare centers shall | |
31 | be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows: | |
32 | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 | |
33 | Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00 | |
34 | Preschool Age $195.67 $195.67 $195.67 $195.67 $260.00 | |
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1 | School Age $200.00 $200.00 $200.00 $200.00 $245.00 | |
2 | The maximum reimbursement rates paid by the departments of human services, and | |
3 | children, youth and families to licensed family childcare providers shall be consistent with the | |
4 | enhanced emergency rates provided as of June 1, 2021, as follows: | |
5 | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 | |
6 | Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43 | |
7 | Preschool Age $171.45 $171.45 $171.45 $171.45 $171.45 | |
8 | School Age $162.30 $162.30 $162.30 $162.30 $162.30 | |
9 | (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the | |
10 | departments of human services and children, youth and families for licensed childcare centers shall | |
11 | be implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
12 | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be | |
13 | reimbursed as follows: | |
14 | Licensed Childcare Centers | |
15 | Tier One Tier Two Tier Three Tier Four Tier Five | |
16 | Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39 | |
17 | Preschool $207.51 $212.27 $218.45 $223.50 $231.39 | |
18 | School-Age $180.38 $182.77 $185.17 $187.57 $189.97 | |
19 | The maximum reimbursement rates for licensed family childcare providers paid by the | |
20 | departments of human services, and children, youth and families is determined through collective | |
21 | bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid | |
22 | to licensed family childcare providers by both departments is implemented in a tiered manner that | |
23 | reflects the quality rating the provider has achieved in accordance with § 42-12-23.1. | |
24 | (j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments | |
25 | of human services and children, youth and families for licensed childcare centers shall be | |
26 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
27 | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be | |
28 | reimbursed as follows: | |
29 | Licensed Childcare Centers | |
30 | Tier One Tier Two Tier Three Tier Four Tier Five | |
31 | Infant/Toddler $265 $270 $282 $289 $300 | |
32 | Infant/Toddler | |
33 | Preschool $225 $235 $243 $250 $260 | |
34 | School-Age $200 $205 $220 $238 $250 | |
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1 | (k) Effective July 1, 2024, the maximum reimbursement rates to be paid by the departments | |
2 | of human services and children, youth and families for licensed childcare centers shall be | |
3 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
4 | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be | |
5 | reimbursed as follows: | |
6 | Licensed Childcare Centers | |
7 | Tier One Tier Two Tier Three Tier Four Tier Five | |
8 | Infant/Toddler $278 $284 $296 $303 $315 | |
9 | Preschool $236 $247 $255 $263 $273 | |
10 | School-Age $210 $215 $231 $250 $263 | |
11 | SECTION 5. Title 42 of the General Laws entitled "STATE AFFAIRS AND | |
12 | GOVERNMENT" is hereby amended by adding thereto the following chapter: | |
13 | CHAPTER 166 | |
14 | THE LADDERS TO LICENSURE PROGRAM | |
15 | 42-166-1. The ladders to licensure grant program. | |
16 | The executive office of health and human services is hereby directed to establish the ladders | |
17 | to licensure grant program, a public-private partnership to: | |
18 | (1) Increase the number of licensed health professionals; | |
19 | (2) Increase racial, ethnic, cultural and linguistic diversity of health professionals; | |
20 | (3) Provide academic, financial and wrap around supports to enable working adults to | |
21 | obtain health professional higher education degrees and license; | |
22 | (4) Leverage employer support for academic, financial and wraparound supports; | |
23 | (5) Align with existing state workforce and higher education initiatives; | |
24 | (6) Develop and implement career ladders with tiered training and education requirements | |
25 | and corresponding salary increases; | |
26 | (7) Develop and implement interscholastic and interdepartmental agreements that accept | |
27 | prior learning, credentials, work experience, and academic credits towards requirement for higher | |
28 | education health professional degrees; | |
29 | (8) Establish policies and initiatives to counter systemic racism and other institutional | |
30 | barriers to participation and advancement of underrepresented populations; | |
31 | (9) Establish policies and initiatives that provide flexible scheduling of work hours and/or | |
32 | academic programs to reduce barriers to participation; and | |
33 | (10) Identify state policy barriers to entry and advancement in the field. | |
34 | 42-166-2. Use of appropriated funds. | |
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1 | Any appropriated funds shall be used to provide grants to three (3) or four (4) grantee | |
2 | partnerships, consisting of multiple private sector health and human services employer | |
3 | organizations and education grantee partnerships (with at least one focused on behavioral health | |
4 | and one focused on nursing). Employers will be required to contribute a twenty-five percent (25%) | |
5 | in-kind match and a ten percent (10%) cash match. | |
6 | 42-166-3. Oversight. | |
7 | The executive office of health and human services shall collaborate and coordinate with | |
8 | the department of labor and training and the office of the postsecondary commissioner in the | |
9 | development, implementation and oversight of the program. | |
10 | 42-166-4. Reporting. | |
11 | The executive office of health and human services shall provide quarterly reports to the | |
12 | speaker of the house of representatives and senate president documenting the progress of the | |
13 | implementation of the program. | |
14 | SECTION 6. Section 3 of this article shall take effect January 1, 2025, except for the | |
15 | provisions of § 40-5.2-20(k) which shall take effect July 1, 2024. The remainder of this article shall | |
16 | take effect July 1, 2024. | |
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