2015 -- S 0044

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LC000238

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENT DISABILITIES AND

HOSPITALS -- DIVISION OF DEVELOPMENT DISABILITIES

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

     Date Introduced: January 13, 2015

     Referred To: Senate 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

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

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

department of behavioral healthcare, developmental disabilities 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 behavioral healthcare,

developmental disabilities 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 the department of behavioral

healthcare, developmental disabilities 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 the department of behavioral

healthcare, developmental disabilities and hospitals may transfer retarded persons with

developmental disabilities 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 the department of behavioral

healthcare, developmental disabilities 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, 2015, the reimbursement rate for direct support professionals

employed by private development disability organizations shall be increased to thirteen dollars

and ninety-seven cents ($13.97) per hour. The rate shall be adjusted annually every April 1 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, DEVELOPMENT DISABILITIES AND

HOSPITALS -- DIVISION OF DEVELOPMENT DISABILITIES

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

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

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

caring individuals. Effective April 1, 2015, the reimbursement rate for direct support

professionals employed by private developmental disability organizations shall increase to $13.97

per hour.

     This act would take effect upon passage.

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