2018 -- S 2225 AS AMENDED

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LC003742

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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 DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL

DISABILITIES AND HOSPITALS -- POWERS AND DUTIES -- CHEMICAL DEPENDENCY

PROFESSIONALS

     

     Introduced By: Senators Archambault, Sosnowski, Satchell, and Sheehan

     Date Introduced: February 01, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled

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

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amended to read as follows:

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     40.1-1-13. Powers and duties of the office.

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

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department of behavioral healthcare, developmental disabilities and hospitals shall have the

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following powers and duties:

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

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

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

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promulgation of any such plans or policies;

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

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providers;

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

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plan for substance-abuse education, prevention, and treatment;

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

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evaluation of substance-abuse services;

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

 

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community service providers, public and private organizations in their substance-abuse education,

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prevention, and treatment activities;

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

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

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

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further the purposes of this chapter;

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     (8) To act in conjunction with the executive office of health and human services as the

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

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

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

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

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

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

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

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

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

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

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

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and for the prevention of substance abuse, and provided the list of licensed chemical dependency

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

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

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

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

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substance use disorder treatment;

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

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chapter;

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

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out the intent and purposes of this chapter;

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

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

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

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21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-

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18;

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     (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

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

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     (16) To establish a RICLAS group home operations restricted-receipt account in the

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

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

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activities, and the maintenance of group homes;

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

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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

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eligible; and

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

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

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

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

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and only certified recovery housing facilities shall be eligible to receive state funding to deliver

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recovery housing services.

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     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 DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL

DISABILITIES AND HOSPITALS -- POWERS AND DUTIES -- CHEMICAL DEPENDENCY

PROFESSIONALS

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

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

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

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     This act would take effect upon passage.

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