2014 -- S 2494

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LC003803

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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

     Introduced By: Senator Michael J.McCaffrey

     Date Introduced: February 27, 2014

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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

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

hereby amended to read as follows:

     40.1-1-10. Parent deinstitutionalization subsidy aid program Deinstitutionalization

subsidy aid program. -- (a) There is hereby established with the department of mental health,

retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals a parent

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

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

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

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

healthcare, developmental disabilities and hospitals to receive and take into his or her care,

custody, and control a person under the legal authority and control of the director of mental

health, retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals

who is and has been a resident or patient of the Dr. Joseph H. Ladd Center Eleanor Slater

Hospital Cranston Campus , the Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital

Zambarano Unit, at the institute of mental health or the general hospital, or a resident in an out-

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

Eleanor Slater Hospital Cranston Campus, Dr. U.E. Zambarano Memorial Hospital the Eleanor

Slater Hospital Zambarano Unit or the institute of mental health or the general hospital for a

period of time not less than ninety (90) days, or would be a resident or patient of one of the

facilities listed in this section for a period of ninety (90) days or more if a specialized community

program were not developed to meet the person's particular and/or unique needs.

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

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

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

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

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

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

the health and welfare of the institutionalized person and where that placement may be made and

certified by the director of mental health, retardation, and hospitals behavioral healthcare,

developmental disabilities and hospitals to the qualified parent applicant or appropriate relative.

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

developmental disabilities and hospitals is hereby vested with the authority to promulgate such

rules and regulations as are deemed necessary and in the public interest to establish and place into

operation the parent deinstitutionalization program and authorize the payment of subsidy aid to

the qualified parent applicant or appropriate relative who receives into his or her care, custody,

and control a person under the legal authority and control of the director of mental health,

retardation and hospitals behavioral healthcare, developmental disabilities and hospitals who is or

has been a resident or patient of the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston

Campus, the Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, at

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

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

Slater Hospital Cranston Campus, Dr. U.E. Zambarano Memorial Hospital, Eleanor Slater

Hospital Zambarano Unit or the institute of mental health, or the general hospital.

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

be limited to, the following areas of concern:

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

certification of the parent applicant or appropriate relative applying for subsidy aid under this

chapter;

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

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

Slater Hospital Cranston Campus or Dr. U.E. Zambarano Memorial Hospital the Eleanor Slater

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Hospital Zambarano Unit, or the institute of mental health or the general hospital, under this

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

program as set forth in this chapter;

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

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

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

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

investigation, and evaluation standards and requirements for the placement, care, support,

custody, and training of the person as are deemed reasonable and in the public interest under this

chapter;

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

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

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

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

provisions of this chapter;

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

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

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

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

and hospitals behavioral healthcare, developmental disabilities and hospitals shall in his or her

discretion deem to be necessary and appropriate including specifically the authority to recall and

return the child or adult to the custody and control of the state and the director of mental health,

retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals into any

such care or placement program as the director may in his or her discretion order and direct,

including therein summary removal from the custody of the qualified parent applicant or

appropriate relative and return to the state institution or out-of-state institution.

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

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

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

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

behavioral healthcare, developmental disabilities and hospitals who may apply for inclusion in

the mental health, retardation, and hospitals behavioral healthcare, developmental disabilities and

hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation

where the natural or adoptive parents are divorced or separated, or where one of the parents is

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deceased, the words "parent" or "parent applicant" shall mean the parent legally having or giving

custody to the person who may apply for inclusion in mental health, retardation, and hospitals

behavioral healthcare, developmental disabilities and hospitals deinstitutionalization subsidy aid

program as set forth in this chapter.

     (f) For the purpose of this chapter, the words "appropriate relative" means an interested

and approved relative of the child or adult.

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

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

director of mental health, retardation, and hospitals behavioral healthcare, developmental

disabilities and hospitals for deinstitutionalization subsidy aid program as set forth in this chapter.

     40.1-1-10.1. Subsidy aid for parent deinstitutionalization program. Subsidy aid for

deinstitutionalization program. -- (a) Every qualified parent applicant or appropriate relative of

a person at the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston Campus, Dr. U.E.

Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, the institute of mental

health, or the general hospital (RIMC) or at an out-of-state institution who would have been

eligible for placement in the Dr. Joseph H. Ladd Center Eleanor Slater Hospital Cranston

Campus, Dr. U.E. Zambarano Memorial Hospital Eleanor Slater Hospital Zambarano Unit, the

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

the director of mental health, retardation, and hospitals behavioral healthcare, developmental

disabilities and hospitals pursuant to this chapter and the rules and regulations established

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

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

retardation, and hospitals behavioral healthcare, developmental disabilities and hospitals and

under such eligibility, income, health, safety, and other program requirements as may be deemed

appropriate and necessary to protect the health, safety, and welfare of the child or adult and the

interest of the state in the maintenance and operation of the deinstitutionalization program.

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

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

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

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

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

training of each child or adult for the same period.

      (c) A qualified parent applicant or appropriate relative who is a foster parent to the child

and 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

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

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

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

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

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

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

mental health, retardation, and hospitals behavioral healthcare, developmental disabilities and

hospitals and earmarked for the placement and continuing support of an institutionalized person

with a qualified parent or appropriate relative application as set forth in this chapter.

     SECTION 2. This act shall take effect upon passage.

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LC003803

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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 to include appropriate

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

receive a subsidy for doing so.

     This act would take effect upon passage.

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LC003803

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