2019 -- S 0067

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LC000297

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS

     Introduced By: Senators DiPalma, Conley, Miller, Euer, and Cano

     Date Introduced: January 17, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40.1-21-4.3 of the General Laws in Chapter 40.1-21 entitled

"Division of Developmental Disabilities" is hereby amended to read as follows:

     40.1-21-4.3. Definitions.

     As used in this chapter and in chapter 22 of this title the words:

     (1) "Ancillary services" means those services provided, and shall include, but not be

limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker

services.

     (2) "Case management" means the implementation of an individual's program by

providing information, by referral to appropriate service providers, by procurement of services,

and by the coordination of the necessary services.

     (3) "Department" means the Rhode Island department of behavioral healthcare,

developmental disabilities and hospitals.

     (4) "Developmental services" means those services provided to developmentally disabled

adults, and shall include, but not be limited to, habilitation and rehabilitation services, and day

services.

     (5) "Developmentally disabled adult" means a person, eighteen (18) years old or older

and not under the jurisdiction of the department of children, youth and families who is either a

mentally retarded developmentally disabled adult or is a person with a severe, chronic disability

which:

     (i) Is attributable to a mental or physical impairment or combination of mental and

physical impairments;

     (ii) Is manifested before the person attains age twenty-two (22);

     (iii) Is likely to continue indefinitely;

     (iv) Results in substantial functional limitations in three (3) or more of the following

areas of major life activity:

     (A) Self care,

     (B) Receptive and expressive language,

     (C) Learning,

     (D) Mobility,

     (E) Self-direction,

     (F) Capacity for independent living,

     (G) Economic self-sufficiency; and

     (v) Reflects the person's need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services, which are of lifelong or extended

duration and are individually planned and coordinated. For purposes of funding, it is understood

that students enrolled in school will continue to receive education from their local education

authority in accordance with § 16-24-1 et seq.

     (6) "Diagnosis and evaluation" means a process to determine whether and to what extent

an individual is developmentally disabled and a study of the individual's condition, situation, and

needs which lead to a recommendation of what services, if any, would benefit the individual.

     (7) "Individualized program plan" or "general service plan" means a plan, however

named, which includes, but shall not be limited to, the following:

     (i) An evaluation of the strengths, difficulties, needs, and goals of the individual

accomplished via an independent third party;

     (ii) A description of those services found to be necessary or appropriate to assist the

individual in realizing his or her potential for self-sufficiency in major life activities;

     (iii) A description of the agencies and/or individuals, which are proposed to provide each

of the recommended services;

     (iv) The intermediate and long-range objectives for the individual's development and

habilitation;

     (v) The expected duration for the provision of the services;

     (vi) A description of the tests and other evaluative devices used and their results;

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     (vii) Proposed criteria for monitoring and evaluating the success of the services in

meeting the individual's needs; and

     (viii) The signatures of the preparers of the plan and the date.

     The individual program plan shall indicate developmental, supportive, or ancillary

services by function and frequency, the manner of subsidy and delivery and the categories of need

for services such as transportation, job training, or occupation, housing, housing adaptation,

personal attendant care, homemaker, or other services. This plan shall be reviewed at least

annually; provided, however, that authorizations for services and funding issued prior to July 1,

2011 are null and void. Authorizations will be paid at the rate effective in the quarter the service

was provided.

     (8) "Mentally retarded developmentally disabled adult" means a person eighteen (18)

years old or older and not under the jurisdiction of the department of children, youth and

families, with significant sub-average, general intellectual functioning two (2) standard deviations

below the norm, existing concurrently with deficits in adaptive behavior and manifested during

the developmental period. For purposes of funding, it is understood that students enrolled in

school will continue to receive education from their local education authority in accordance with

§ 16-24-1 et seq.

     (9) "Service broker" means that individual who assists in facilitating the connection

between the developmentally disabled person and the services required by the individual program

plan.

     (10) "Subsidized access to service" means the provisions of financial resources through

vouchers to a developmentally disabled person to enable the person to gain access to appropriate

generic and/or special services as required by the individual program plan.

     (11) "Supportive services" means those services provided to developmentally disabled

adults, and shall include, but not be limited to, occupational therapy, physical therapy,

psychological services, counseling, nursing services, and medical 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 definition of "individualized program plan" for purposes of the

state's division of developmental disabilities to include an evaluation of the strengths, difficulties,

needs, and goals of the individual that must be accomplished through an independent third party.

     This act would take effect upon passage.

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