2016 -- H 7553

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LC004358

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES, AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

     Introduced By: Representatives Hull, Bennett, Slater, Lima, and Diaz

     Date Introduced: February 10, 2016

     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 all state operated

community and residential facilities governed by this section requiring that all employees shall be

paid a minimum, effective April 1, 2017, of thirteen dollars and ninety seven cents ($13.97) per

hour. The rate of compensation 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, DEVELOPMENTAL DISABILITIES, AND

HOSPITALS - DIVISION OF DEVELOPMENTAL DISABILITIES

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     This act would mandate that health employees working for state operated community and

residential facilities receive a minimum of $13.97 per hour and that such rate would 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.

     This act would take effect upon passage.

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LC004358

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