2013 -- H 5481

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LC00943

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- DEVELOPMENTAL DISABILITIES

     Introduced By: Representatives Bennett, Hull, McNamara, Shekarchi, and Cimini

     Date Introduced: February 14, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-22-3 of the General Laws in Chapter 40.1-22 entitled

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"Developmental Disabilities" is hereby amended to read as follows:

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     40.1-22-3. Definitions. -- Whenever used in this chapter, or in any order, rule, or

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regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the

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director, unless otherwise expressly stated, or unless the context or subject matter otherwise

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requires:

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      (1) "A qualified mental retardation professional (QMRP)" means a person as defined in

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42 CFR 483.430, as amended.

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      (2) "Client" means any developmentally disabled adult who is in potential need, or is

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receiving services aimed at alleviating his or her condition of functional dependence.

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      (3) "Department" means the department of mental health, retardation behavioral health,

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developmental disabilities, and hospitals.

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      (4) "Development, education, rehabilitation, and care" means physical development,

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application of these abilities to meaningful occupations, development of personal and social

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skills, all of which are directed to the objective of independent living and self-maintenance. Care

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also includes medical care, surgical attendance, medication, as well as food, clothing, supervision,

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and maintenance furnished to a resident.

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      (5) "Director" means the director of the department of mental health, retardation

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behavioral health, developmental disabilities, and hospitals or his or her designees.

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      (6) "Facility" means any public or private facility, inpatient rehabilitation center,

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hospital, institution, or other domiciliary facility, the office of developmental disabilities or any

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part thereof, equipped to habilitate, on a residential basis, persons who are developmentally

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disabled and in need of residential care. This shall include any facility maintaining adequate staff

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and facilities within the state providing in-residence supervision and habilitation and approved by

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the director upon application of the facility. Included within this definition shall be all institutions

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and facilities under the control and direction of the director. Nothing contained herein shall be

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construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter

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15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be

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brought to the attention of the director that any private facility may not have adequate staff, or

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facilities as determined by regulations of the director, then the facility shall not be approved for

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the placement of developmentally disabled adults under the provisions of this chapter.

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      (7) "Notice" means written notice in as simple and non-technical language as practicable

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as required by the department, or the court of competent jurisdiction. The notice shall be in

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writing to the director of the department by registered or certified mail, return receipt required.

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Notice sent to a client shall also include verbal reading of the written notice by duly authorized

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agents of the department, and/or court. The agents shall make verified return of the oral

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notification as well as the written. This requirement of oral notice to anyone alleged to be

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developmentally disabled shall be required because of the recognized limitation that many

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retarded and developmentally disabled persons are unable to comprehend written notices.

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      (8) "Objection." If an objection is raised it shall be in writing, of a timely nature, and

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filed with the clerk of the family or district court, a copy of which is to be sent to the director of

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the department via registered or certified mail, return receipt requested.

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      (9) "Parent" means the natural, adoptive, foster parent or caretaker of the child.

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     (10) "Shared living program" means a privately owned residence in which the family

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provides for or arranges for the needs of the person who is developmentally disabled so that the

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person can remain in the community, a program that is designed to respect the unique character of

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each individual, promotes self-reliance and the freedom to make choices, and fosters dignity,

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autonomy and personal safety. Service may be provided in-home or a host home residence in

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which the family provides for or arranges for the needs of the person who is developmentally

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disabled so that the person can remain in the community, including, but not limited to, lodging

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and meals. This program is designed to provide the opportunity for the provision of an inter-

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generational multidisciplinary support to preserve and strengthen families. Notwithstanding any

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state regulations to the contrary, including, but not limited to, section 42.0 ("Shared Living

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Arrangements") of the rules and regulations licensing procedure and process for facilities and

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programs licensed by the department of behavioral healthcare, developmental disabilities and

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hospitals, an adult sibling of a person who is developmentally disabled may serve as a shared

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living provider for that person, provided that the adult sibling meets all other eligibility

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requirements of the department of behavioral healthcare, developmental disabilities and hospitals.

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      (10)(11) "Team" means an interdisciplinary team which includes such professional

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personnel designed by the director and which shall consist of no less than three (3) persons

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selected by order of the director, no less than one of whom shall be a licensed physician, no less

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than one of whom shall be a member of the social work profession, and no less than one of whom

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shall be a qualified mental retardation professional (QMRP).

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     SECTION 2. This act shall take effect upon passage.

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LC00943

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- DEVELOPMENTAL DISABILITIES

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     This act would allow adult siblings of persons with developmental disabilities to serve as

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shared living providers in accordance with the department of behavioral healthcare,

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developmental disabilities and hospitals rules and regulations.

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     This act would take effect upon passage.

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LC00943

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