2014 -- H 7167

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LC003009

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

     Introduced By: Representatives McNamara, Azzinaro, Bennett, and Serpa

     Date Introduced: January 23, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

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

-- (a) The director of mental health, retardation, and hospitals shall be responsible for

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

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

efforts of the department of mental health, retardation, and hospitals with those of other state

departments and agencies, municipal governments as well as the federal government and private

agencies concerned with and providing services for the developmentally disabled.

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

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

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

conformance with generally accepted professional thought and for providing technical assistance

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

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

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

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

     (c) The director of mental health, retardation, and hospitals shall stimulate research by

public and private agencies, institutions of higher learning, and hospitals, in the interest of the

elimination and amelioration of developmental disabilities, and care and training of the

developmentally disabled.

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

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

supported and licensed residential facility or agency.

     (e) The director of mental health, retardation, and hospitals may transfer retarded persons

from one state residential facility to another when deemed necessary or desirable for their better

care and welfare.

     (f) The director of mental health, retardation, and hospitals shall make grants-in-aid and

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

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

other services appropriate to their individual needs.

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

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

to the state for this purpose.

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

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

individuals. Effective April 1, 2014, the reimbursement rate for direct support professionals

employed by private developmental disability organizations shall be increased from eleven

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

rate shall be adjusted annually every April 1st by a percentage increase to the nearest cent using

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

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

department of labor.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

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     This act would require that the executive director of the department of behavioral

healthcare, developmental disabilities and hospitals to promulgate and adopt a reimbursement

system at a rate prescribed by law, and adjusted annually for direct support professionals

employed by private developmental disability organizations.

     This act would take effect upon passage.

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LC003009

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