2018 -- H 8212 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO THE DEPARTMENT OF BEHAVIORAL HEALTHCARE,

DEVELOPMENTAL DISABILITIES AND HOSPITALS -- POWERS AND DUTIES --

CHEMICAL DEPENDENCY PROFESSIONALS

     Introduced By: Representatives Giarrusso, McNamara, Mendonca, Bennett, and
Shekarchi

     Date Introduced: May 18, 2018

     Referred To: House Health, Education & Welfare

     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.

     (a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the

department of behavioral healthcare, developmental disabilities 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) To act in conjunction with the executive office of health and human services as the

state's co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the

purposes of the calculation of the expenditures relative to the substance-abuse block grant and

federal funding maintenance of effort. The department of behavioral healthcare, developmental

disabilities and hospitals, as the state's substance-abuse authority, will have the sole responsibility

for the planning, policy and implementation efforts as it relates to the requirements set forth in

pertinent substance-abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;

     (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 chapter 2 of title 37, 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, and provided the list of licensed chemical dependency

professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed

by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,

but not limited to, the adjudication office of the department of transportation, the district court

and superior court and the division of probation and parole for referral of individuals requiring

substance use disorder treatment;

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

chapter;

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

out the intent and purposes of this chapter;

     (14) 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) To establish a Medicare Part D restricted-receipt account in the hospitals and

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community rehabilitation services program to receive and expend Medicare Part D

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

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

hospitals and community rehabilitation services program to receive and expend reimbursement

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

eligible; and

     (18) To certify recovery housing facilities directly, or through a contracted entity, as

defined by department guidelines, which includes adherence to using National Alliance for

Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the

department, all referrals from state agencies or state-funded facilities shall be to certified houses,

and only certified recovery housing facilities shall be eligible to receive state 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 THE DEPARTMENT OF BEHAVIORAL HEALTHCARE,

DEVELOPMENTAL DISABILITIES AND HOSPITALS -- POWERS AND DUTIES --

CHEMICAL DEPENDENCY PROFESSIONALS

***

     This act would provide that the department of behavioral healthcare, developmental

disabilities and hospitals shall have the power and duty to certify a list of chemical dependency

professionals for use by state agencies and for referral of individuals requiring treatment.

     This act would take effect upon passage.

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