2018 -- S 2553 AS AMENDED

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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 HUMAN SERVICES - FAMILY CAREGIVERS SUPPORT ACT OF 2013

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: March 01, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40-8.11-1 and 40-8.11-3 of the General Laws in Chapter 40-8.11

entitled "Family Caregivers Support Act of 2013" are hereby amended to read as follows:

     40-8.11-1. Findings.

     (a) Family members, partners and close friends provide the vast majority of long-term

services and supports.

     (b) An estimated one hundred and forty-eight thousand (148,000) persons in Rhode

Island are providing care at any one time to persons living in the community. The estimated value

of their unpaid contributions in 2009 was one billion eight hundred eighty million dollars

($1,880,000,000).

     (c) Family or other caregivers who provide the majority of care in the home are

frequently under substantial physical, psychological, and financial stress. The stress, if unrelieved

by support for the caregiver, may lead to premature or unnecessary nursing home and institutional

placement and health and financial burdens for the caregiver.

     (d) Respite care and other community-based supportive services for the family caregiver

can relive some of the stresses faced by caregivers, maintain and strengthen the family structure,

postpone or prevent institutionalization and lead to better outcomes for both the caregiver and

care recipient.

     (e) The percent of Rhode Islanders age sixty-five (65) years of age and older is projected

to grow from fourteen percent (14%) of the state population in 2010 to twenty-one percent (21%)

by 2030. As persons age, they have greater dependency needs and an increased need for long-

term care services and support. Younger people with disabilities also require continued

supportive long-term care services as they age.

     (f) As informal caregivers and families are a vital part of the long-term care services and

support system, it is an important public purpose to recognize and respect their contributions, and

to assess and support their needs, and to provide them with counseling, education, and support

services.

     40-8.11-3. Caregiver assessment requirement.

     (a) The comprehensive assessment required in subsection 40-8.10-4(b) as part of

Medicaid long-term service reform shall also include a caregiver assessment whenever the plan of

care depends on a family caregiver for providing assistance with activities of daily living or

instrumental activities of daily living needs. The assessment shall be used to develop a plan of

care that recognizes both needs of the care recipient and the caregiver. The assessment shall also

serve as the basis for development and provision of an appropriate plan for caregiver information,

education and training, referral and support services. Information about available respite

programs, caregiver training and education programs, support groups and community support

services shall be included as part of the caregiver support plan. To implement the caregiver

assessment, the executive office of health and human services shall adopt evidenced-based

caregiver assessments and referral tools appropriate to the departments within the office that

provide long-term care services and support.

     (b) The executive office of health and human services shall develop annual reports to

track data on the number of caregiver assessments conducted, the identified needs of caregivers to

include both met and unmet needs, and referrals made for education, respite and other support

services. The reports shall be provided to the chairs of the house and senate finance committees

as part of annual budget hearings and the chair of the long-term care coordinating council and

posted on the executive office of human services website.

     SECTION 2. Chapter 40-8.11 of the General Laws entitled "Family Caregivers Support

Act of 2013" is hereby amended by adding thereto the following section:

     40-8.11-4. Caregiver support services.

     To promote the state’s rebalancing goals for long-term supports and services, to promote

consumer choice of care settings, and to enhance support for unpaid family caregivers, the

executive office of health and human services is authorized to seek Medicaid section 1115 waiver

for state-plan amendments to provide family caregiver support services to include respite,

evidenced-based caregiver support programs, and caregiver education and training for family

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caregivers of persons enrolled in Medicaid long-term supports and services, and the division of

elderly affairs home care program.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES - FAMILY CAREGIVERS SUPPORT ACT OF 2013

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     This act would require the department of health and human services to seek Medicaid

section 1115 waivers to provide caregiver support services for family caregivers, and would

provide for the creation by the department of annual reports to track the number of caregiver

assessments given by the department.

     This act would take effect upon passage.

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