2024 -- S 2618

========

LC005139

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND OLMSTEAD

PLAN COMMISSION ACT

     Introduced By: Senators DiPalma, and Ciccone

     Date Introduced: March 01, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 166

RHODE ISLAND OLMSTEAD PLAN COMMISSION ACT

     42-166-1. Short title.

     This chapter may be cited as the "Rhode Island Olmstead Plan Commission Act."

     42-166-2. Policy, findings, and purpose.

     (a) The goals of creating and sustaining an Olmstead plan to establish a permanent,

renewable, and working five (5) year "integration for all" Olmstead plan ("the plan") for people

vulnerable to unnecessary institutionalization in Rhode Island to establish, maintain and

periodically update a continuum of care that allows all Rhode Islanders vulnerable to unnecessary

institutionalization to receive adequate services and supports in the least restrictive environment.

     (b) Rhode Island's Olmstead plan should be based on:

     (1) A statewide assessment to identify the state's current resources, strengths, and unmet

needs of persons vulnerable to unnecessary institutionalization; and

     (2) Substantial community input.

     (c) Data should drive the development of the plan, and it should include goals to develop

specific permanent and temporary funding streams to support a wide array of housing options,

community services, and resources for persons living with disabilities.

     (d) All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to the commission and its agents as is deemed necessary or desirable

by the commission to facilitate the development of an Olmstead plan.

     (e) The initial Rhode Island Olmstead plan shall be completed and delivered to the

governor and the general assembly by January 15, 2025.

     (f) To ensure that the plan is a "living" plan, there should be annual updates on regulatory,

budgetary and legislative solutions or modifications, along with proposed recommendations for

change. An annual report shall be submitted to the governor, speaker of the house of representatives

and senate president by January 15 each year.

     (g) Every fifth year, the commission should evaluate outcomes and conduct a new

assessment in order that the Rhode Island Olmstead plan can be updated with new goals for the

next five (5) years.

     (h) The plan should include proposed staffing needed to implement, monitor and evaluate

the plan, as well as a projected funding need in each of the five (5) years to meet the plan's goals

and identify potential funding sources.

     42-166-3. Definitions.

     As used in this chapter:

     (1) "Commission" means the Rhode Island Olmstead plan commission established by this

chapter.

     (2) "The plan" means the Rhode Island Olmstead plan.

     42-166-4. Creation of the Rhode Island Olmstead plan commission.

     (a) There is hereby authorized, created and established a body politic and corporate to be

known as the "Rhode Island Olmstead plan commission" to carry out the provisions of this chapter.

The commission is constituted a public instrumentality exercising public and essential

governmental functions, and the exercise by the commission of the powers conferred by this chapter

are deemed and held to be the performance of an essential governmental function of the state.

     (b) The commission shall consist of nineteen (19) ex officio members and six (6) members

of the general public.

     (1) The nineteen (19) ex officio members shall include: the director of the department of

children, youth, and families, or designee; the executive secretary of the governor's commission on

disabilities, or designee; the executive director of the commission on the deaf and hard of hearing,

or designee; the director of the department of health, or designee; the director of the department of

behavioral health, developmental disabilities and hospitals, or designee; the director of the

LC005139 - Page 2 of 5

department of corrections, or designee; the mental health advocate, or designee; the child advocate,

or designee; the secretary of housing, or designee; the secretary of the executive office of health

and human services, or designee; the executive director of senior agenda, or designee; the executive

director of the RI coalition for children & families, or designee; the executive director of the RI

parent information network, or designee; the president of the national federation of the blind of

Rhode Island, or designee; the executive director of the mental health association of RI, or designee;

the executive director of the RI developmental disabilities council, or designee; the executive

director of the RI coalition to end homelessness, or designee; the executive director of the housing

network of RI, or designee; the program manager of Rhode Island continuum of care, or designee.

     (2) The governor, with the advice and consent of the senate, shall appoint six (6) members

of the general public who live with disabilities. In making these appointments, the governor shall

give due consideration to recommendations made by the nine (9) non-governmental ex officio

members.

     (3) Any person designated as ex officio by way of their position or office as specified in §

42-166-4(b)(1), who elects to appoint a designee to the commission, shall only elect and appoint a

subordinate member of the designator's respective department, office or organization to serve in

the designator's place on the commission.

     (4) No one shall be eligible for public appointment unless they are a resident of this state.

     (c) Public members of the commission appointed by the governor shall be appointed for

three (3) year terms and shall not serve more than two (2) consecutive terms.

     (d) Annually, the commission shall elect from among its non-governmental and public

members two (2) co-chairpersons. The commission may elect from its members any other officers

it deems necessary. Meetings shall be held at the call of the co-chairpersons or at the request of

nine (9) members. A majority of the sitting members shall constitute a quorum and action taken by

the commission under the provisions of this chapter may be authorized by a majority of the

members present and voting at any regular or special meeting.

     (e) A majority of those present shall be required for action. No vacancy in the membership

of the commission shall impair the right of a quorum to exercise all the rights and perform all the

duties of the commission.

     (f) Any vacancy which may occur in the commission shall be filled accordingly in the same

manner as prescribed above.

     (g) The commission may appoint and employ an executive director, and it shall be the

executive director's duty to:

     (1) Act as chief administrative officer having general charge of the office and records and

LC005139 - Page 3 of 5

to employ temporarily, subject to approval of the commission, necessary personnel to serve at the

executive director's pleasure and who shall be in the unclassified service and whose salaries shall

be set by the commission;

     (2) Act as executive secretary of the commission; and

     (3) Perform other duties as determined by the commission which are in accordance with

this chapter and with the rules and regulations of the commission.

     (h) The commission shall use the office of the attorney general for legal services.

     (i) Within ninety (90) days after the end of each fiscal year, the commission shall approve

and submit an annual report to the governor, speaker of the house of representatives, president of

the senate and secretary of state of its activities during that fiscal year. The report shall provide: an

operating statement summarizing meetings or hearings held; meeting minutes, if requested;

subjects addressed; decisions rendered; rules or regulations promulgated; studies conducted;

policies and plans developed, approved, or modified; programs administered or initiated; a

consolidated financial statement of all funds received and expended including the source of the

funds; a listing of any staff supported by these funds; a summary of any clerical, administrative or

technical support received; a summary of performance during the previous fiscal year including

accomplishments; shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or

other legal matters related to the authority of the board; a summary of any training courses held; a

briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations

for improvements. The report shall be posted electronically on the general assembly's and the

secretary of state's websites.

     SECTION 2. This act shall take effect upon passage.

========

LC005139

========

LC005139 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND OLMSTEAD

PLAN COMMISSION ACT

***

     This act would create an Olmstead plan commission to establish a permanent, renewable,

and working five (5) year "Integration for all" plan for people vulnerable to unnecessary

institutionalization in Rhode Island to establish, maintain and periodically update a continuum of

care that allows all Rhode Islanders vulnerable to unnecessary institutionalization to receive

adequate services and supports in the least restrictive environment.

     This act would take effect upon passage.

========

LC005139

========

LC005139 - Page 5 of 5