2020 -- S 2655 | |
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LC004889 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND | |
HOSPITALS -- DIVISION OF DEVELOPMENTAL DISABILITIES | |
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Introduced By: Senators DiPalma, Miller, Satchell, Conley, and Murray | |
Date Introduced: February 27, 2020 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 40.1-21-4.3 of the General Laws in Chapter 40.1-21 entitled |
2 | "Division of Developmental Disabilities" is hereby amended to read as follows: |
3 | 40.1-21-4.3. Definitions. |
4 | As used in this chapter and in chapter 22 of this title the words: |
5 | (1) "Ancillary services" means those services provided, and shall include, but not be limited |
6 | to, transportation, housing, housing adaptation, personal attendant care, and homemaker services. |
7 | (2) "Case management" means the implementation of an individual's program by providing |
8 | information, by referral to appropriate service providers, by procurement of services, and by the |
9 | coordination of the necessary services. |
10 | (3) "Department" means the Rhode Island department of behavioral healthcare, |
11 | developmental disabilities and hospitals (BHDDH). |
12 | (4) "Developmental services" means those services provided to developmentally disabled |
13 | adults, and shall include, but not be limited to, habilitation and rehabilitation services, and day |
14 | services. |
15 | (5) "Developmentally disabled adult" means a person, eighteen (18) years old or older and |
16 | not under the jurisdiction of the department of children, youth and families who is either a mentally |
17 | retarded developmentally disabled adult or is a person with a severe, chronic disability which: |
18 | (i) Is attributable to a mental or physical impairment or combination of mental and physical |
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1 | impairments; |
2 | (ii) Is manifested before the person attains age twenty-two (22); |
3 | (iii) Is likely to continue indefinitely; |
4 | (iv) Results in substantial functional limitations in three (3) or more of the following areas |
5 | of major life activity: |
6 | (A) Self care, |
7 | (B) Receptive and expressive language, |
8 | (C) Learning, |
9 | (D) Mobility, |
10 | (E) Self-direction, |
11 | (F) Capacity for independent living, |
12 | (G) Economic self-sufficiency; and |
13 | (v) Reflects the person's need for a combination and sequence of special, interdisciplinary, |
14 | or generic care, treatment, or other services, which are of lifelong or extended duration and are |
15 | individually planned and coordinated. For purposes of funding, it is understood that students |
16 | enrolled in school will continue to receive education from their local education authority in |
17 | accordance with § 16-24-1 et seq. |
18 | (6) "Diagnosis and evaluation" means a process to determine whether and to what extent |
19 | an individual is developmentally disabled and a study of the individual's condition, situation, and |
20 | needs which lead to a recommendation of what services, if any, would benefit the individual. |
21 | (7) "Individualized program plan" or "general service plan" means a plan, however named, |
22 | which includes, but shall not be limited to, the following: |
23 | (i) An evaluation of the strengths, difficulties, needs, and goals of the individual; |
24 | (ii) A description of those services found to be necessary or appropriate to assist the |
25 | individual in realizing his or her potential for self-sufficiency in major life activities; |
26 | (iii) A description of the agencies and/or individuals, which are proposed to provide each |
27 | of the recommended services; |
28 | (iv) The intermediate and long-range objectives for the individual's development and |
29 | habilitation; |
30 | (v) The expected duration for the provision of the services; |
31 | (vi) A description of the tests and other evaluative devices used and their results; |
32 | (vii) Proposed criteria for monitoring and evaluating the success of the services in meeting |
33 | the individual's needs; and |
34 | (viii) The signatures of the preparers of the plan and the date. |
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1 | The individual program plan shall indicate developmental, supportive, or ancillary services |
2 | by function and frequency, the manner of subsidy and delivery and the categories of need for |
3 | services such as transportation, job training, or occupation, housing, housing adaptation, personal |
4 | attendant care, community-based supports, homemaker, or other services and other identified |
5 | needed services. This plan shall be reviewed at least annually; provided, however, that |
6 | authorizations for services and funding issued prior to July 1, 2011 are null and void. Authorizations |
7 | will be paid at the rate effective in the quarter the service was provided. |
8 | In keeping with the tenets of the Centers for Medicare and Medicaid Services (CMS) and |
9 | the Home and Community-Based Services (HCBS) final rule requiring person-centered planning, |
10 | individuals shall be able to access support services in a manner consistent with their plan of care. |
11 | Services will adopt the principles of person-centeredness and funding allocations for services will |
12 | be authorized consistent with an individual's identified clinical needs and stated person-centered |
13 | plan of care. To this end, authorizations for services and related funding issued on or after July 1, |
14 | 2020, shall be developed and issued on an annual basis for each eligible participant. Authorizations |
15 | for services shall be effective when the authorization is issued on an annual basis, consistent with |
16 | the individual's established annual review period; provided that, the individual's assessed needs do |
17 | not change. Notwithstanding the issuance of annual funding authorizations, BHDDH is not |
18 | restricted in the exercise of any other statutory powers granted the department. |
19 | (8) "Mentally retarded developmentally disabled adult" means a person eighteen (18) years |
20 | old or older and not under the jurisdiction of the department of children, youth and families, with |
21 | significant sub-average, general intellectual functioning two (2) standard deviations below the |
22 | norm, existing concurrently with deficits in adaptive behavior and manifested during the |
23 | developmental period. For purposes of funding, it is understood that students enrolled in school |
24 | will continue to receive education from their local education authority in accordance with § 16-24- |
25 | 1 et seq. |
26 | (9) "Service broker" means that individual who assists in facilitating the connection |
27 | between the developmentally disabled person and the services required by the individual program |
28 | plan. |
29 | (10) "Subsidized access to service" means the provisions of financial resources through |
30 | vouchers to a developmentally disabled person to enable the person to gain access to appropriate |
31 | generic and/or special services as required by the individual program plan. |
32 | (11) "Supportive services" means those services provided to developmentally disabled |
33 | adults, and shall include, but not be limited to, occupational therapy, physical therapy, |
34 | psychological services, counseling, nursing services, and medical services. |
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1 | SECTION 2. Section 40.1-26-2 of the General Laws in Chapter 40.1-26 entitled "Rights |
2 | for Persons with Developmental Disabilities" is hereby amended to read as follows: |
3 | 40.1-26-2. Definitions. |
4 | As used in this chapter: |
5 | (1) "Advocate" means: (i) a legal guardian; or (ii) an individual acting on behalf of a person |
6 | with a developmental disability in a manner clearly consistent with the interests of the person with |
7 | a developmental disability and includes a family member, friend, or professional advocate. |
8 | Whenever possible an advocate should be selected by the person with a disability. |
9 | (2) "Agency" means any person or organization which provides day program services, |
10 | residential services, support services or advocacy services for persons with developmental |
11 | disabilities, and which is licensed by the department of behavioral healthcare, developmental |
12 | disabilities and hospitals pursuant to § 40.1-24-1 et seq. |
13 | (3) "Applicant" means any person with a developmental disability who has applied for |
14 | services from the division of developmental disabilities and/or any agency licensed by the |
15 | department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1- |
16 | 24-1 et seq. |
17 | (4) "Aversive interventions" means a class of stimuli that are followed by escape or |
18 | avoidance response. |
19 | (5) "Behavioral treatment intervention" means any intervention or treatment to develop or |
20 | strengthen adaptive appropriate behaviors through the application of behavioral interventions and |
21 | to simultaneously reduce the frequency of maladaptive or inappropriate behaviors. Behavior |
22 | interventions encompass interventions, which refer to purposeful, clinical manipulation of |
23 | behavior. |
24 | (6) "Competent" means the ability to understand the likely risks and benefits of a procedure |
25 | or plan when the risks and benefits are presented to the participant in a manner most likely to be |
26 | understood by the participant in light of his or her cognitive abilities and learning style. |
27 | (7) "Department" means the department of behavioral healthcare, developmental |
28 | disabilities and hospitals (BHDDH). |
29 | (8) "Developmental disability" means a severe chronic disability which is attributable to a |
30 | mental or physical impairment or combination of impairments; is manifested before the person |
31 | attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional |
32 | limitations in three (3) or more of the following areas of major life activity: self-care, receptive and |
33 | expressive language, learning, mobility, self-direction, capacity for independent living, economic |
34 | self-sufficiency; and reflects the person's need for a combination and sequence of special, |
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1 | interdisciplinary or generic care, treatment, or other services which are of life long or extended |
2 | duration and are individually planned and coordinated. |
3 | (9) "Individualized plan" means the personalized document which describes an |
4 | individualized profile of the participant highlighting his or her capabilities, preferences and |
5 | interests. The plan describes specific supports in the areas of vocational, social, medical, supported |
6 | living, and rehabilitation required to meet the specific needs of the participant. The plan includes |
7 | quality indicators that demonstrate the plan has met the expectations of the participant and the |
8 | participant is satisfied with the support services he or she is receiving.; provided, however, that |
9 | authorizations for services and funding issued prior to July 1, 2011 are null and void. Authorizations |
10 | for services will be paid at the rate effective when in the quarter the service was provided. |
11 | In keeping with the tenets of the Centers for Medicare and Medicaid Services (CMS) and |
12 | the Home and Community-Based Services (HCBS) final rule requiring person-centered planning, |
13 | individuals shall be able to access support services in a manner consistent with their plan of care. |
14 | Services will adopt the principles of person-centeredness and funding allocations for services will |
15 | be authorized consistent with an individual's identified clinical needs and stated person-centered |
16 | plan of care. To this end, authorizations for services and related funding issued on or after July 1, |
17 | 2020, shall be developed and issued on an annual basis for each eligible participant. Authorizations |
18 | for services shall be effective when the authorization is issued on an annual basis, consistent with |
19 | the individual's established annual review period; provided that, the individual's assessed needs do |
20 | not change. Notwithstanding the issuance of annual funding authorizations, BHDDH is not |
21 | restricted in the exercise of any other statutory powers granted the department. |
22 | (10) "Participant" means any person eighteen (18) years or older, with a developmental |
23 | disability who receives services from the division of developmental disabilities and/or an agency |
24 | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. |
25 | (11) "Relative" means a member of the participant's or applicant's family who has been |
26 | actively involved in the participant's or applicant's life, has an ongoing relationship with the |
27 | participant or applicant, and is supportive in a manner clearly consistent with the best interests of |
28 | the participant or applicant. |
29 | (12) "Seclusion" means placing a participant alone in a locked room without supervision. |
30 | (13) "Serious incidents" means any situation involving a person with developmental |
31 | disabilities in which the person: |
32 | (i) Has sustained an injury, which requires medical care or treatment beyond routine first |
33 | aid; |
34 | (ii) Has been missing; |
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1 | (iii) Has died; |
2 | (iv) Has been involved in a criminal act; |
3 | (v) Has been subject to a medication error. |
4 | SECTION 3. This act shall take effect upon passage. |
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LC004889 | |
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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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1 | This act would provide that home and community-based services for developmentally |
2 | disabled persons would be person-centered and support services consistent with their plan of care |
3 | This act would take effect upon passage. |
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LC004889 | |
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