2013 -- S 0270

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LC00791

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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, DEVELOPMENT DISABILITIES AND

HOSPITALS -- DIVISION OF DEVELOPMENTAL DISABILITIES

     Introduced By: Senators DiPalma, Sosnowski, Pearson, Pichardo, and Goldin

     Date Introduced: February 12, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-21-4 of the General Laws in Chapter 40.1-21 entitled

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

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     40.1-21-4. Powers and duties of director of mental health, retardation and hospitals

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Powers and duties of director of the department of behavioral healthcare, developmental

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disabilities and hospitals. -- (a) The director of mental health, retardation, and hospitals the

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department of behavioral healthcare, developmental disabilities and hospitals shall be responsible

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for planning and developing a complete, comprehensive, and integrated statewide program for the

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developmentally disabled for the implementation of the program; and for the coordination of the

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efforts of the department of mental health, retardation, and hospitals behavioral healthcare,

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developmental disabilities and hospitals with those of other state departments and agencies,

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municipal governments as well as the federal government and private agencies concerned with

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and providing services for the developmentally disabled.

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      (b) The director shall be responsible for the administration and operation of all state

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operated community and residential facilities established for the diagnosis, care, and training of

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the developmentally disabled. The director shall be responsible for establishing standards in

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conformance with generally accepted professional thought and for providing technical assistance

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to all state supported and licensed habilitative, developmental, residential and other facilities for

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the developmentally disabled, and exercise the requisite surveillance and inspection to insure

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compliance with standards. Provided, however, that none of the foregoing shall be applicable to

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any of the facilities wholly within the control of any other department of state government.

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      (c) The director of mental health, retardation, and hospitals the department of behavioral

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healthcare, developmental disabilities and hospitals shall stimulate research by public and private

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agencies, institutions of higher learning, and hospitals, in the interest of the elimination and

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amelioration of developmental disabilities, and care and training of the developmentally disabled.

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      (d) The director shall be responsible for the development of criteria as to the eligibility

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for admittance of any developmentally disabled person for residential care in any department

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supported and licensed residential facility or agency.

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      (e) The director of mental health, retardation, and hospitals the department of behavioral

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healthcare, developmental disabilities and hospitals may transfer retarded persons with

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developmental disabilities from one state residential facility to another when deemed necessary or

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desirable for their better care and welfare.

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      (f) The director of mental health, retardation, and hospitals the department of behavioral

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healthcare, developmental disabilities and hospitals shall make grants-in-aid and otherwise

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provide financial assistance to the various communities and private nonprofit agencies, in

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amounts which will enable all developmentally disabled adults to receive developmental and

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other services appropriate to their individual needs.

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      (g) The director shall coordinate all planning for the construction of facilities for the

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developmentally disabled, and the expenditure of funds appropriated or otherwise made available

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to the state for this purpose.

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     (h) The director shall adopt a state reimbursement system for community and nonprofit

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agencies that will encourage the hiring and retention of competent, qualified, and caring

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individuals. Effective April 1, 2013, the reimbursement rate for direct support professionals

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employed by private development disability organizations shall be increased from eleven dollars

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and thirty cents ($11.30) to twelve dollars and three cents ($12.03) per hour. The rate shall be

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adjusted annually every April 1 by a percentage increase to the nearest cent using the consumer

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price index for urban wage earners and clerical workers (CPI-W) or a successor index for the

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previous calendar year as calculated for the northeast region by the United States department of

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labor.

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     SECTION 2. This act shall take effect upon passage.

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LC00791

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENT DISABILITIES AND

HOSPITALS -- DIVISION OF DEVELOPMENTAL DISABILITIES

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     This act would provide for the director of the department of behavioral healthcare,

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developmental disabilities and hospitals to adopt a state reimbursement system for community

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and nonprofit agencies that would encourage the hiring and retention of competent, qualified, and

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caring individuals.

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     This act would take effect upon passage.

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LC00791

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