2013 -- S 0680 SUBSTITUTE A

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LC01798/SUB A

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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

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: March 06, 2013

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40.1-1-10 and 40.1-1-10.1 of the General Laws in Chapter 40.1-1

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entitled "Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" is

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hereby amended to read as follows:

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     40.1-1-10. Parent deinstitutionalization subsidy aid program. -- (a) There is hereby

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established with the department of mental health, retardation, and hospitals a parent

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deinstitutionalization subsidy aid program. The program is founded for the express purpose of

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providing financial assistance or subsidy aid to the qualified parent applicant , or if the parent is

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not able to care for the person then an appropriate relative, as defined in this chapter, who is

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found and certified to be qualified by the director of mental health, retardation, and hospitals to

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receive and take into his or her care, custody, and control a person under the legal authority and

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control of the director of mental health, retardation, and hospitals who is and has been a resident

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or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the

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institute of mental health or the general hospital, or a resident in an out-of-state institution, who

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would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano

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Memorial Hospital or the institute of mental health or the general hospital for a period of time not

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less than ninety (90) days, or would be a resident or patient of one of the facilities listed in this

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section for a period of ninety (90) days or more if a specialized community program were not

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developed to meet the person's particular and/or unique needs and meets the eligibility criteria

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contained in section 40.1-21-4.3.

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     (b) The general assembly hereby finds that such a parent deinstitutionalization program

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would promote the general welfare of the citizens of the state and further the purpose of providing

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deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid

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to the qualified parent applicant or an appropriate relative of the institutionalized person. It is

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further found that the program is established for the purpose of providing subsidy aid to assist and

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make available non-institutional care, support, and training when it is found to be in the best

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interests of the health and welfare of the institutionalized person and where that placement may

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be made and certified by the director of mental health, retardation, and hospitals to the qualified

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parent applicant.

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     (c) The director of mental health, retardation, and hospitals is hereby vested with the

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authority to promulgate such rules and regulations as are deemed necessary and in the public

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interest to establish and place into operation the parent deinstitutionalization program and

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authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative

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who receives into his or her care, custody, and control a person under the legal authority and

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control of the director of mental health, retardation and hospitals who is or has been a resident or

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patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the

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institute of mental health or the general hospital or a resident or patient in an out-of-state

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institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr.

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U.E. Zambarano Memorial Hospital, or the institute of mental health, or the general hospital.

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     (d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not

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be limited to, the following areas of concern:

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     (1) The establishment of eligibility and other requirements for the qualification and

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certification of the parent applicant applying for subsidy aid under this chapter;

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     (2) The establishment of eligibility and other requirements for the qualification and

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certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr.

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U.E. Zambarano Memorial Hospital, or the institute of mental health or the general hospital,

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under this program as set forth in this chapter or a resident or patient in an out-of-state institution

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under this program as set forth in this chapter;

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     (3) The establishment of such other eligibility, certification, and qualification standards

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and guidelines for the person or the parent applicant or an appropriate relative to which the

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program applies as may be deemed reasonable and in the public interest;

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     (4) The establishment of such licensing, regulating, inspection, monitoring, investigation,

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and evaluation standards and requirements for the placement, care, support, custody, and training

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of the person as are deemed reasonable and in the public interest under this chapter;

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     (5) The periodic inspection, review, and evaluation of the care, support, and treatment

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afforded the person placed in the home of the qualified parent applicant or an appropriate relative

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under this program and the making and implementation of such recommendations as are deemed

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necessary for the continued health, safety, and welfare of the person in accordance with the

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provisions of this chapter;

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     (6) The establishment and implementation of such other standards, safeguards, and

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protections as are deemed necessary and in the public interest to protect the health, safety, and

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welfare of the person placed under the program or in determining and certifying initial and/or

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continuing eligibility requirements as the director of the department of mental health, retardation,

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and hospitals shall in his or her discretion deem to be necessary and appropriate including

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specifically the authority to recall and return the child or adult to the custody and control of the

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state and the director of mental health, retardation, and hospitals into any such care or placement

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program as the director may in his or her discretion order and direct, including therein summary

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removal from the custody of the qualified parent applicant or an appropriate relative and return to

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the state institution or out-of-state institution.

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     (e) For the purpose of this chapter the words "qualified parent applicant" shall mean any

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natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive

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parents jointly, or a court appointed guardian or both foster parents jointly, or as defined by rules

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or regulations established by the department of mental health, retardation, and hospitals who may

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apply for inclusion in the mental health, retardation, and hospitals deinstitutionalization subsidy

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aid program as set forth in this chapter. For the situation where the natural or adoptive parents are

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divorced or separated, or where one of the parents is deceased, the words "parent" or "parent

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applicant" shall mean the parent legally having or giving custody to the person who may apply

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for inclusion in mental health, retardation, and hospitals deinstitutionalization subsidy aid

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program as set forth in this chapter.

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     (f) (1) For the purpose of this chapter, the words “appropriate relative” shall mean an

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interested and approved relative of the adult.

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     (2) For the purpose of this chapter the words "subsidy aid" shall mean payment or

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continued payment to a parent applicant pursuant to the rules and regulations established by the

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director of mental health, retardation, and hospitals for deinstitutionalization subsidy aid program

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as set forth in this chapter.

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     (g) Alternatives to Institutional Care

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     The department of behavioral healthcare, developmental disabilities and hospitals is

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hereby directed to develop options, fiscal impact analysis, and recommendations for the

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expansion of shared living services to siblings of individuals with developmental disabilities who

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are no longer able to be cared for at home by aging parents. The department shall submit these

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recommendations to the governor, and to the general assembly by December 31, 2013.

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     40.1-1-10.1. Subsidy aid for parent deinstitutionalization program. -- (a) Every

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qualified parent applicant or an appropriate relative of a person at the Dr. Joseph H. Ladd Center,

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Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or the general hospital

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(RIMC) or at an out-of-state institution who would have been eligible for placement in the Dr.

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Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or

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the general hospital (RIMC), found eligible and certified as such by the director of mental health,

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retardation, and hospitals pursuant to this chapter and the rules and regulations established

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thereunder, shall be eligible to receive subsidy aid within the bounds set forth in this chapter and

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pursuant to such rules and regulations as are promulgated by the director of mental health,

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retardation, and hospitals and under such eligibility, income, health, safety, and other program

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requirements as may be deemed appropriate and necessary to protect the health, safety, and

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welfare of the child or adult and the interest of the state in the maintenance and operation of the

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deinstitutionalization program.

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     (b) A qualified parent applicant or an appropriate relative who is the natural or adoptive

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parent and certified as eligible for subsidy aid under the deinstitutionalization program shall

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receive an amount of not less than twenty-five dollars ($25.00) and not more than sixty dollars

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($60.00) for the basic care of each child or adult for a seven (7) day or weekly period, and an

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amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for the

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training of each child or adult for the same period.

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     (c) A qualified parent applicant who is a foster parent or an appropriate relative and

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certified as eligible for subsidy aid under the deinstitutionalization program shall receive an

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amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for training

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of each child or adult and an amount of not less than twenty-five dollars ($25.00) and not more

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than sixty dollars ($60.00) for basic care and treatment for a seven (7) day or weekly period.

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These amounts designated for foster parents shall be in addition to the basic payments to foster

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parents from the department of social and rehabilitative services for foster home placement.

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     (d) The subsidy payments as provided by this section shall be paid from such

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institutional or special accounts as may be under the control and direction of the director of

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mental health, retardation, and hospitals and earmarked for the placement and continuing support

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of an institutionalized person with a qualified parent or an appropriate relative application as set

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forth in this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01798/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS

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     This act would expand the parent deinstitutionalization subsidy aid program in the

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department of behavioral healthcare, developmental disabilities and hospitals to include

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appropriate relatives, and would allow such a relative to care for a child or adult if the parent was

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unable to do so. This act would also allow such an appropriate relative who is providing care to

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receive a subsidy through the aid program.

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     This act would take effect upon passage.

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LC01798/SUB A

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