2012 -- H 7907

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LC00630

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO BEHAVIORAL HEALTH CARE DEVELOPMENTAL DISABILITIES AND

HOSPITALS - GROUP HOMES

     Introduced By: Representative Brian C. Newberry

     Date Introduced: March 06, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-24-1 of the General Laws in Chapter 40.1-24 entitled "Persons

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With Mental Illness, Addiction/Substance Abuse Disorders and Developmental Disabilities" is

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hereby amended to read as follows:

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     40.1-24-1. Definitions. -- As used in this chapter:

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      (1) "Adult foster home" means a private family living arrangement which, through

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financial support from the parent deinstitutionalization subsidy aid program, provides housing

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and supervision to two (2) or more persons with mental illness, addiction/substance abuse

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disorders or who are persons with developmental disabilities or otherwise eligible under section

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40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the

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foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the

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department of children, youth, and families shall be excluded for the purposes of this chapter.

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      (2) "Community residence" means any home or other living arrangement which is

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established, offered, maintained, conducted, managed, or operated by any person for a period of

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at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is

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provided for the purpose of providing rehabilitative treatment, habilitation, psychological support,

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and/or social guidance for three (3) or more persons with mental illness, addiction/substance

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abuse disorders or who are persons with developmental disabilities or cognitive disabilities such

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as brain injury. The facilities shall include, but not be limited to, group homes, halfway houses,

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and fully supervised apartment programs. No person, or entity or entities in which that person

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has more than a fifty percent (50%) interest, shall maintain more than three (3) such facilities in

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any one city or town for each ten thousand (10,000) of its inhabitants as determined by the last

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census taken under the authority of the United States or the state. Semi-independent living

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programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be

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considered community residences for the purposes of this chapter.

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      (3) "Day treatment program" means any nonresidential facility which is established,

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offered, maintained, conducted, managed, or operated by any person for a period of less than

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twenty-four (24) hours to provide therapeutic intervention to persons with mental illness,

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addiction/substance abuse disorders, or who are persons with developmental disabilities or

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cognitive disabilities such as brain injury. These shall include, but not be limited to, outpatient

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programs for persons with mental illness, addiction/substance abuse disorders or who are persons

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with developmental disabilities or cognitive disabilities such as brain injury.

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      (4) "Deemed status" means acceptance by the department of accreditation granted by a

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national accreditation organization which has been recognized and approved by the department,

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including, but not limited to, the joint commission, the commission on accreditation of

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rehabilitation facilities, or the council on accreditation. Accreditation by a national accreditation

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organization that has been approved by the department shall serve as evidence of compliance with

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some or all of the department's rules and regulations for license renewal, as promulgated under

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section 40.1-24-9.

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      (5) "Department" means the department of behavioral healthcare, developmental

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disabilities and hospitals.

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      (6) "Facility" means any community residence, day treatment program, rehabilitation

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program, public or private, excluding hospitals or units within hospitals for persons with mental

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illness, addiction/substance abuse disorders or who are persons with developmental disabilities or

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cognitive disabilities such as brain injury providing program services which do not constitute

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medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and

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social guidance.

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      (7) "Habilitation program" means any nonresidential facility which is established,

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offered, maintained, conducted, managed, or operated by any person for a period of less than

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twenty-four (24) hours to provide training in basic daily living skills and developmental activities,

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prevocational skills and/or vocational training and placement, and follow up for people with

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mental illness, addiction/substance abuse disorders or who are persons with developmental

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disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to,

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early intervention, adult development, work activities, sheltered workshops, advanced workshops,

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and job development and training programs. Sheltered workshops not exclusively for people with

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mental illness, addiction/substance abuse disorders or who are persons with developmental

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disabilities or cognitive disabilities such as brain injury shall be excluded for the purposes of this

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chapter.

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      (8) "Person" means any individual, governmental unit, corporation, company,

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association, or joint stock association and the legal successor thereof.

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      (9) "Program" means a planned service delivery system structured to provide specific

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components, which are responsive to the needs of those served.

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      (10) "Rehabilitation program" means any facility, which is established, offered,

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maintained, conducted, managed, or operated by any person to provide restorative therapy and/or

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training to persons with mental illness, addiction/substance abuse disorders or who are persons

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with developmental disabilities or cognitive disabilities such as brain injury. These shall include,

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but not be limited to, community mental health centers. Sheltered workshops not exclusively for

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people with mental illness, addiction/substance abuse disorders or who are persons with

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developmental disabilities or cognitive disabilities such as brain injury shall be excluded for the

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purposes of this chapter. P.L. 1972, ch. 160, section 1; P.L. 1978, ch. 150, section

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2; G.L. 1956, section 23-43.3-1; P.L. 1979, ch. 39, section 1; P.L. 1982, ch. 166, section 1; P.L.

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1992, ch. 418, section 8; P.L. 1995, ch. 370, art. 14, section 16; P.L. 1999, ch. 83, section 112;

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P.L. 1999, ch. 130, section 112; P.L. 2001, ch. 385, section 2; P.L. 2001, ch. 389, section 1; P.L.

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2005, ch. 351, section 3; P.L. 2005, ch. 394, section 3; P.L. 2011, ch. 152, section 2; P.L. 2011,

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ch. 171, section 2.

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     SECTION 2. This act shall take effect upon passage.

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LC00630

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTH CARE DEVELOPMENTAL DISABILITIES AND

HOSPITALS - GROUP HOMES

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     This act would prevent any one person or entity in which that person has more than a

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fifty percent (50%) interest from maintaining more than three (3) community residences in any

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given city or town for each ten thousand (10,000) inhabitants.

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     This act would take effect upon passage.

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LC00630

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