CHAPTER 55


99-S 471A
Enacted 6/21/99


A N     A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT --
INDEPENDENT LIVING SERVICES AND CENTERS

Introduced By: Senators Cicilline, Perry and Izzo

Date Introduced : February 4, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 42-12.2-1, 42-12.2-2, 42-12.2-3 of the General Laws in Chapter 42-12.2 entitled "Independent Living Services and Centers" are hereby amended to read as follows:

42-12.2-1. Establishment of centers. -- The department of human services is hereby authorized to establish centers for independent living. The centers for independent living will provide client centered services that assist {DEL severely disabled persons DEL} {ADD individuals with significant disabilities ADD} in their efforts to achieve independent living as an alternative to institutionalization and/or unnecessary dependency on others. The department of human services through its vocational rehabilitation agency shall be responsible for the administration of the program but may contract with nonprofit organizations in carrying out the provisions of this chapter and in accordance with Title VI of the Vocational Rehabilitation Act of 1973, 29 U.S.C. section 701 et seq.

42-12.2-2. Definitions. -- (A) "Center for independent living" means a program of services or a facility which offers a combination of independent living services for {DEL severely handicapped DEL} individuals {ADD with significant disabilities ADD} or groups of {DEL severely handicapped DEL}individuals {ADD with significant disabilities ADD} such as {DEL : DEL} {ADD ,but not limited to: ADD}

(1) Intake counseling to determine the {DEL severely handicapped DEL} {DEL individual's DEL} {ADD individual with significant disabilities ADD} need for specific independent living services;

(2) Referrals and counseling services with respect to attendant care;

(3) Counseling and advocacy services with respect to legal and economic rights and benefits;

(4) Peer counseling;

(5) Independent living skills, counseling and training, including training in the maintenance of necessary equipment, counseling on therapy needs and programs, and special independent living skill training for {DEL blind DEL} individuals {ADD who are blind ADD} or deaf {DEL individuals DEL};

(6) Housing and transportation referral and assistance;

(7) Surveys, directories, and other activities to identify appropriate housing and accessible transportation and other support services;

(8) Community group living arrangements;

(9) Education and training necessary for living in the community and participating in community activities;

(10) Individual and group social and recreational activities;

(11) Other programs and services necessary to provide resources, training, counseling services, or other assistance of substantial benefit in promoting the independence, productivity, and quality of life for {DEL severely handicapped DEL} individuals {ADD with significant disabilities ADD}.

(B) "Client directed services" means services that are planned and delivered with the active involvement of the client (consumer).

(C) "Consumer" means a person or groups of persons with severe {DEL and chronic DEL} disabilities who are or would be capable of independently managing and directing their own lives given the appropriate training and resources.

(D) "Consumer directed organization" means:

(1) An organization with substantial involvement of consumers on its boards of directors and at the staff level;

(2) An organization which subscribes rigorously to a policy of client directed services.

(E) "Nonprofit organization" means an organization incorporated in the state of Rhode Island and exempt from federal taxation under the provisions of section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. section 501(c)(3).

(F) {DEL "Severe and chronic disability" means a disability which seriously inhibits an individual's functioning in three (3) or more of the following areas: DEL}

{DEL (1) Employment; DEL}

{DEL (2) Education; DEL}

{DEL (3) Activities of daily living; DEL}

{DEL (4) Mobility; or DEL}

{DEL (5) Personal care; DEL}

{DEL and which is likely to continue for the remainder of the individual's life. DEL}

{ADD "Individual with a significant disability" means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment, respectively. ADD}

42-12.2-3. Eligibility requirements. -- The center for independent living shall provide independent living services to any {DEL person who: DEL} {ADD individual with a significant disability. ADD}

{DEL (1) Possesses the capability of independently managing and directing his or her life DEL} {DEL ; DEL}

{DEL (2) Does not possess a reasonable expectation of employment at the time of referral; DEL}

{DEL (3) Does not require acute medical care; DEL}

{DEL (4) Is a resident of the state of Rhode Island; DEL}

{DEL (5) Is dependent on an institution, nursing home, family, relatives, friends, or other forms of public support for his or her personal care needs; DEL}

{DEL (6) Possesses a DEL} {DEL chronic and severe DEL} {DEL disability; DEL}

{DEL (7) Demonstrates a sincere desire to be more independent. DEL}

SECTION 2. Chapter 42-12.2 of the General Laws entitled "Independent Living Services and Centers" is hereby amended by adding thereto the following section:

{ADD 42-12.2-6. Provision of services. -- ADD} {ADD The independent living centers shall provide services to individuals with a range of significant disabilities. The centers shall provide services on a cross disability basis (for individuals with all different types of significant disabilities, including individuals with disabilities who are members of populations that are unserved or underserved by programs). Eligibility for services at any center for independent living shall be determined by the center, and shall not be based on the presence of any one or more specific significant disabilities. ADD}

SECTION 3. This act shall take effect upon passage.



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