2015 -- S 0095

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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, DEVELOPMENTAL DISABILITIES AND

HOSPITALS

     Introduced By: Senators Lynch, Ruggerio, McCaffrey, Walaska, and Miller

     Date Introduced: January 22, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40.1-1-13 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:

     40.1-1-13. Powers and duties of the office. -- Notwithstanding any provision of the

Rhode Island general laws to the contrary, the department of mental health, retardation, and

hospitals shall have the following powers and duties:

      (1) To establish and promulgate the overall plans, policies, objectives, and priorities for

state substance abuse education, prevention and treatment; provided, however, that the director

shall obtain and consider input from all interested state departments and agencies prior to the

promulgation of any such plans or policies;

      (2) Evaluate and monitor all state grants and contracts to local substance abuse service

providers;

      (3) Develop, provide for, and coordinate the implementation of a comprehensive state

plan for substance abuse education, prevention and treatment;

      (4) Ensure the collection, analysis, and dissemination of information for planning and

evaluation of substance abuse services;

      (5) Provide support, guidance, and technical assistance to individuals, local

governments, community service providers, public and private organizations in their substance

abuse education, prevention and treatment activities;

      (6) Confer with all interested department directors to coordinate the administration of

state programs and policies that directly affect substance abuse treatment and prevention;

      (7) Seek and receive funds from the federal government and private sources in order to

further the purposes of this chapter;

      (8) Act in the capacity of "state substance abuse authority" as that term has meaning for

coordination of state substance abuse planning and policy and as it relates to requirements set

forth in pertinent federal substance abuse laws and regulations;

      (9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving

insurance and managed care systems for substance abuse services in Rhode Island;

      (10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual

relationships and memoranda of agreement as necessary for the purposes of this chapter;

      (11) To license facilities and programs for the care and treatment of substance abusers,

and for the prevention of substance abuse;

     (12) To certify recovery housing facilities and programs for residential substance abuse

treatment;

      (12)(13) To promulgate rules and regulations necessary to carry out the requirements of

this chapter;

      (13)(14) Perform other acts and exercise any other powers necessary or convenient to

carry out the intent and purposes of this chapter; and

      (14)(15) To exercise the authority and responsibilities relating to education, prevention

and treatment of substance abuse, as contained in, but not limited to, the following chapters:

chapter 1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16;

chapter 21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and §

35-4-18.

      (15)(16) To establish a Medicare Part D restricted receipt account in the Hospitals and

Community Rehabilitation Services program to receive and expend Medicare Part D

reimbursements from pharmacy benefit providers consistent with the purposes of this chapter.

      (16)(17) To establish a RICLAS Group Home Operations restricted receipt account in

the services for the developmentally disabled program to receive and expend rental income from

RICLAS group clients for group home-related expenditures, including food, utilities, community

activities, and the maintenance of group homes.

      (17)(18) To establish a non-Medicaid third-party payor restricted receipt account in the

hospitals and community rehabilitation services program to receive and expend reimbursement

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from non-Medicaid third-party payors to fund hospital patient services that are not Medicaid

eligible.

     (19) After July 1, 2016, only certified recovery housing shall be eligible to receive

funding to deliver recovery housing services.

     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

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     This act would amend the law on the department of behavioral healthcare, developmental

disabilities and hospitals to include the authority to certify recovery housing facilities and

programs for residential substance abuse treatment. In addition, after July 1, 2016, only certified

recovery housing will be eligible to receive funding to deliver recovery housing services.

     This act would take effect upon passage.

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