2026 -- H 7995

========

LC004804

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE OFFICE OF THE ELDER

ADVOCATE

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: February 27, 2026

     Referred To: House State Government & Elections

     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 66.14

THE OFFICE OF THE ELDER ADVOCATE

     42-66.14-1. Short title.

     This chapter shall be known and may be cited as the "Office of the Elder Advocate Act".

     42-66.14-2. Purpose.

     Older adults are the fastest-growing population in Rhode Island; however, their voices are

often fragmented across agencies and programs. While the long-term care ombudsman can address

the rights of residents living in licensed long-term care facilities, the majority of older adults– those

living in their own homes and independent housing– lack a dedicated, independent advocate able

to protect their rights. The purpose of the elder advocate is to promote the rights, dignity, and well-

being of older Rhode Islanders holistically across settings including, but not limited to, issues

relating to age discrimination, financial exploitation, housing, access to benefits, guardianship and

identifying systemic service gaps.

     42-66.14-3. Definitions.

     As used in this section:

     (1) "Elder advocate" means the person provided for in § 42-66.14-4.

     (2) "Office" means the office of the elder advocate.

     (3) "Older adult" means an individual sixty (60) years of age or older.

     42-66.14-4. Establishment -- Appointment -- Term.

     (a) The office of the elder advocate is hereby established.

     (b) The governor, with the advice and consent of the senate, shall appoint a member of the

bar who has practiced law for at least five (5) years in Rhode Island to fill the office of the elder

advocate. The appointee shall be a person qualified by training and experience in legal matters

pertaining to elder rights, government benefits, elder abuse and neglect, and guardianship.

     (c) The elder advocate shall hold office for a term of five (5) years and shall continue to

hold office until their successor is appointed and qualified.

     42-66.14-5. Duties.

     (a) The elder advocate and/or designee shall have the following duties:

     (1) Receive and respond to complaints from individual older adults regarding issues related

to infringement of their rights;

     (2) Advocate for systemic improvements in aging services and protections;

     (3) Monitor state agencies and programs for elder responsiveness and equity;

     (4) Educate the public on elder rights, services, and protections;

     (5) Convene stakeholders, including older adults, caregivers, and community leaders; and

     (6) Refer individual facility complaints to the long-term care ombudsman, while retaining

authority over broader systemic issues.

     42-66.14-6. Authority.

     (a) The elder advocate and/or designee shall have the right and power to:

     (1) Communicate privately, by mail or orally, with any older adult seeking assistance from

the office for matters related to infringement of their rights;

     (2) Where authorized, access, inspect, copy, and/or subpoena documents in the custody of:

     (i) Clerks of the family and probate courts;

     (ii) Law enforcement agencies;

     (iii) Healthcare providers within and beyond the State of Rhode Island with whom an older

adult has sought or received medical attention or treatment;

     (iv) State agencies; and

     (v) Any other public or private entity.

     (3) Take whatever steps are appropriate to see that persons are made aware of the services

of the office, its purpose, and how it can be contacted; and

     (4) Apply for and accept grants, gifts, and bequests of funds from state agencies, other

LC004804 - Page 2 of 5

states, federal and interstate agencies and independent authorities, and private firms, individuals

and foundations, for the purpose of carrying out the provisions of § 42-66.14-2. Such funds shall

be deposited with the general treasurer in a restricted receipt account established within the office

to permit funds to be expended in accordance with the provisions of the grant or bequest.

     42-66.14-7. Designees of elder advocate.

     The elder advocate may appoint staff and designees as may be deemed necessary, whose

powers and duties shall be those imposed upon the elder advocate by law and shall be performed

under and by the advice and direction of the elder advocate.

     42-66.14-8. Appropriations.

     (a) The general assembly shall annually appropriate such sums as it may deem necessary

for payment of:

     (1) The salary of the elder advocate;

     (2) The salaries of the person(s) appointed pursuant to § 42-66.14-7;

     (3) Legal and administrative assistance as may be necessary; and

     (4) Office expenses and other actual expenses incurred by the elder advocate in the

performance of the elder advocate's duties.

     (b) The state controller is hereby authorized and directed to draw their orders upon the

general treasurer for the payment of the sum(s) provided for in subsection (a) of this section, as

may from time to time be required, upon receipt of proper vouchers approved by the elder advocate.

     42-66.14-9. Reporting.

     Annually, the elder advocate shall submit a detailed report analyzing the work of the office

and any recommendations resulting therefrom to the governor, the speaker of the house of

representatives, and the president of the senate.

     42-66.14-10. Confidentiality.

     (a) Any and all records of the office pertaining to any older adult who has sought assistance

or is being assisted by the office shall be considered confidential.

     (b) Any and all information contained in the records provided for in subsection (a) of this

section shall not be disclosed publicly in any manner that would identify any individual; provided,

however, that such records may be made disclosed to persons with the authorization of the older

adult or upon application and for good cause shown by the family court.

     42-66.14-11. Exemption from court fees, charges.

     Any older adult who is represented by the office shall not be required to pay any fees to

any district, superior, family, or supreme court of this state, or the clerks thereof, or any fees or

charges for the services or travel of deputy sheriffs for serving any writ, citation, subpoena, or other

LC004804 - Page 3 of 5

process or for making copies of the writs.

     42-66.14-12. Indemnification.

     The State of Rhode Island shall protect and hold harmless any attorney, investigator, social

worker, or other person employed by the office and/or any volunteer appointed by the elder

advocate, from financial loss and expense, including legal fees and costs, if any, arising from any

claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of

the person’s duties within the scope of the person’s employment or appointment which may

constitute negligence as determined by a court of competent jurisdiction; provided, however, that

wanton, malicious, or grossly negligent acts shall not be subject to such indemnification.

     SECTION 2. This act shall take effect upon passage.

========

LC004804

========

LC004804 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE OFFICE OF THE ELDER

ADVOCATE

***

     This act would establish the office of the elder advocate to promote the rights of older

adults in Rhode Island.

     This act would take effect upon passage.

========

LC004804

========

LC004804 - Page 5 of 5