2012 -- S 2734

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LC01767

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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 LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE - BENEFITS

     Introduced By: Senators Perry, Miller, DeVall, Nesselbush, and Metts

     Date Introduced: March 06, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-41 of the General Laws entitled "Temporary Disability

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Insurance - Benefits" is hereby amended by adding thereto the following section:

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     28-41-34. Temporary caregiver insurance. – (a) Definitions as used in this chapter:

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     (1) “Child” means a biological, adopted, or foster son or daughter, a stepson or

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stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an

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employee who stands in loco parentis to that child.

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     (2) “Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian,

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or other person who stood in loco parentis to the employee or the employee’s spouse or domestic

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partner when he/she was a child.

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     (3) “Domestic partner” means a party to a civil union as defined by chapter 15-3.1.

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     (4) “Spouse” means defined as a party in a common law marriage, a party in a marriage

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conducted and recognized by another state or country, or in a marriage as defined by chapter 15-

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3.

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     (5)”Serious health condition” means any illness, injury, impairment, or physical or

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mental condition that involves inpatient care in a hospital, hospice, residential health care facility,

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or continued treatment or continuing supervision by a health care provider.

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     (b) Benefits:

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     (1) An employee shall be eligible for temporary caregiver insurance on any day in which

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he or she is unable to perform his or her regular and customary work because he or she is caring

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for a child or caring for a parent, grandparent, spouse, domestic partner, grandparent or in-law,

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subject to a waiting period of seven (7) days. Employees may use accrued sick time during

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eligibility waiting period.

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     (2) Temporary caregiver insurance shall be available only to the caregiver. An employee

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cannot file for both temporary caregiver insurance and temporary disability insurance for the

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same purpose.

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     (3) Any employee who exercises his or her right to leave covered by temporary caregiver

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insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

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the employer to the position held by the employee when the leave commenced, or to a position

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with equivalent seniority, status, employment benefits, pay, and other terms and conditions of

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employment including fringe benefits and service credits that the employee had been entitled to at

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the commencement of leave.

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     (4) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

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any existing health benefits of the employee in force for the duration of the leave as if the

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employee had continued in employment continuously from the date he or she commenced the

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leave until the date he or she returns to employment.

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     (c) Certification of eligibility for leave. A certificate filed to establish medical eligibility

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of the serious health condition of the employee’s family member that warrants the care of the

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employee shall contain:

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     (1) A diagnosis and diagnostic code prescribed in the international classification of

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diseases, or where no diagnosis has yet been obtained, a detailed statement of symptoms;

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     (2) The date if known, on which the condition commenced;

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     (3) The probable duration of the condition;

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     (4) An estimate of the amount of time that the health care provider believes the employee

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is needed to care for the family member;

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     (5) A statement that the serious health condition warrants the participation of the

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employee to provide care for his or her family member. “Warrants the participation of the

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employee” includes, but is not limited to, providing psychological comfort, arranging third-party

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care for the family member as well as directly providing, or participating in the medical and

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physical care of the patient; and

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     (6) A certificate filed to establish medical eligibility of the serious health condition of the

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employee’s family member shall be made by the family member’s treating heath care provider. If

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the family member resides or is in care outside of Rhode Island, the treating health care provider

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must be duly licenses or certified by the state or foreign country in which the family member is

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receiving the care and treatment.

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     (d) Contributions: The temporary caregiver Insurance program will be funded solely

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through an employee contribution. The taxable rate will be in accordance with the employee

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contribution rate to the temporary disability insurance fund. The employee contribution rate shall

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be increased commencing January 1, 2013 by an amount no greater than one tenth of one percent

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(.1%) as determined by department of labor and training estimates. There shall be a one year

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period during which benefits shall not be paid. Benefit payments shall commence no later than

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February 1, 2014. The provisions of chapter 28-40 shall apply.

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     (e) The director of the department of labor and training shall promulgate regulations

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relative to the operation of the temporary caregiver insurance program, and disseminate

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information regarding the program to Rhode Island employers.

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     (f) The temporary caregiver insurance program shall be part of the temporary disability

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insurance fund.

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     (g) Misrepresentation with respect to benefits:

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      (1) An individual who has been convicted by a court of competent jurisdiction of

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knowingly or fraudulently making a false statement, or knowingly or fraudulently

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misrepresenting a material fact, with intent to defraud the temporary disability insurance fund of

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any benefit or wrongfully to obtain or increase any benefit, either for himself or herself or for any

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other person, shall be disqualified from receiving benefits for a period of one year following that

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conviction.

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     (2) If a physician or other health care provider licensed by a foreign country is under

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investigation by the department for assisting in the filing of false claims and the department does

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not have the legal remedies to conduct a criminal investigation or prosecution in that country, the

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department may suspend the processing of all further certifications until the health care provider

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fully cooperates and continues to cooperate with the investigation. A health care provider licensed

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by and practicing in a foreign country who has been convicted of filing false claims with the

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department shall be barred indefinitely from filing a certificate in support of a temporary

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disability insurance or temporary caregiver insurance claim in the state of Rhode Island.

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     SECTION 2. This act shall take effect upon passage.

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LC01767

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE - BENEFITS

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     This act would create a temporary caregiver insurance benefit as part of the temporary

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disability insurance law.

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     This act would take effect upon passage.

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LC01767

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