Chapter 158

2013 -- S 0680 SUBSTITUTE A

Enacted 07/11/13

 

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS

 

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: March 06, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 40.1-1-10 and 40.1-1-10.1 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:

 

     40.1-1-10. Parent deinstitutionalization subsidy aid program. -- (a) There is hereby

established with the department of mental health, retardation, and hospitals a parent

deinstitutionalization subsidy aid program. The program is founded for the express purpose of

providing financial assistance or subsidy aid to the qualified parent applicant , or if the parent is

not able to care for the person then an appropriate relative, as defined in this chapter, who is

found and certified to be qualified by the director of mental health, retardation, and hospitals to

receive and take into his or her care, custody, and control a person under the legal authority and

control of the director of mental health, retardation, and hospitals who is and has been a resident

or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the

institute of mental health or the general hospital, or a resident in an out-of-state institution, who

would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano

Memorial Hospital or the institute of mental health or the general hospital for a period of time not

less than ninety (90) days, or would be a resident or patient of one of the facilities listed in this

section for a period of ninety (90) days or more if a specialized community program were not

developed to meet the person's particular and/or unique needs and meets the eligibility criteria

contained in section 40.1-21-4.3.

     (b) The general assembly hereby finds that such a parent deinstitutionalization program

would promote the general welfare of the citizens of the state and further the purpose of providing

deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid

to the qualified parent applicant or an appropriate relative of the institutionalized person. It is

further found that the program is established for the purpose of providing subsidy aid to assist and

make available non-institutional care, support, and training when it is found to be in the best

interests of the health and welfare of the institutionalized person and where that placement may

be made and certified by the director of mental health, retardation, and hospitals to the qualified

parent applicant.

     (c) The director of mental health, retardation, and hospitals is hereby vested with the

authority to promulgate such rules and regulations as are deemed necessary and in the public

interest to establish and place into operation the parent deinstitutionalization program and

authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative

who receives into his or her care, custody, and control a person under the legal authority and

control of the director of mental health, retardation and hospitals who is or has been a resident or

patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the

institute of mental health or the general hospital or a resident or patient in an out-of-state

institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr.

U.E. Zambarano Memorial Hospital, or the institute of mental health, or the general hospital.

     (d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not

be limited to, the following areas of concern:

     (1) The establishment of eligibility and other requirements for the qualification and

certification of the parent applicant applying for subsidy aid under this chapter;

     (2) The establishment of eligibility and other requirements for the qualification and

certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr.

U.E. Zambarano Memorial Hospital, or the institute of mental health or the general hospital,

under this program as set forth in this chapter or a resident or patient in an out-of-state institution

under this program as set forth in this chapter;

     (3) The establishment of such other eligibility, certification, and qualification standards

and guidelines for the person or the parent applicant or an appropriate relative to which the

program applies as may be deemed reasonable and in the public interest;

     (4) The establishment of such licensing, regulating, inspection, monitoring, investigation,

and evaluation standards and requirements for the placement, care, support, custody, and training

of the person as are deemed reasonable and in the public interest under this chapter;

     (5) The periodic inspection, review, and evaluation of the care, support, and treatment

afforded the person placed in the home of the qualified parent applicant or an appropriate relative

under this program and the making and implementation of such recommendations as are deemed

necessary for the continued health, safety, and welfare of the person in accordance with the

provisions of this chapter;

     (6) The establishment and implementation of such other standards, safeguards, and

protections as are deemed necessary and in the public interest to protect the health, safety, and

welfare of the person placed under the program or in determining and certifying initial and/or

continuing eligibility requirements as the director of the department of mental health, retardation,

and hospitals shall in his or her discretion deem to be necessary and appropriate including

specifically the authority to recall and return the child or adult to the custody and control of the

state and the director of mental health, retardation, and hospitals into any such care or placement

program as the director may in his or her discretion order and direct, including therein summary

removal from the custody of the qualified parent applicant or an appropriate relative and return to

the state institution or out-of-state institution.

     (e) For the purpose of this chapter the words "qualified parent applicant" shall mean any

natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive

parents jointly, or a court appointed guardian or both foster parents jointly, or as defined by rules

or regulations established by the department of mental health, retardation, and hospitals who may

apply for inclusion in the mental health, retardation, and hospitals deinstitutionalization subsidy

aid program as set forth in this chapter. For the situation where the natural or adoptive parents are

divorced or separated, or where one of the parents is deceased, the words "parent" or "parent

applicant" shall mean the parent legally having or giving custody to the person who may apply

for inclusion in mental health, retardation, and hospitals deinstitutionalization subsidy aid

program as set forth in this chapter.

     (f) (1) For the purpose of this chapter, the words “appropriate relative” shall mean an

interested and approved relative of the adult.

     (2) For the purpose of this chapter the words "subsidy aid" shall mean payment or

continued payment to a parent applicant pursuant to the rules and regulations established by the

director of mental health, retardation, and hospitals for deinstitutionalization subsidy aid program

as set forth in this chapter.

     (g) Alternatives to Institutional Care

     The department of behavioral healthcare, developmental disabilities and hospitals is

hereby directed to develop options, fiscal impact analysis, and recommendations for the

expansion of shared living services to siblings of individuals with developmental disabilities who

are no longer able to be cared for at home by aging parents. The department shall submit these

recommendations to the governor, and to the general assembly by December 31, 2013.

 

     40.1-1-10.1. Subsidy aid for parent deinstitutionalization program. -- (a) Every

qualified parent applicant or an appropriate relative of a person at the Dr. Joseph H. Ladd Center,

Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or the general hospital

(RIMC) or at an out-of-state institution who would have been eligible for placement in the Dr.

Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or

the general hospital (RIMC), found eligible and certified as such by the director of mental health,

retardation, and hospitals pursuant to this chapter and the rules and regulations established

thereunder, shall be eligible to receive subsidy aid within the bounds set forth in this chapter and

pursuant to such rules and regulations as are promulgated by the director of mental health,

retardation, and hospitals and under such eligibility, income, health, safety, and other program

requirements as may be deemed appropriate and necessary to protect the health, safety, and

welfare of the child or adult and the interest of the state in the maintenance and operation of the

deinstitutionalization program.

     (b) A qualified parent applicant or an appropriate relative who is the natural or adoptive

parent and certified as eligible for subsidy aid under the deinstitutionalization program shall

receive an amount of not less than twenty-five dollars ($25.00) and not more than sixty dollars

($60.00) for the basic care of each child or adult for a seven (7) day or weekly period, and an

amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for the

training of each child or adult for the same period.

     (c) A qualified parent applicant who is a foster parent or an appropriate relative and

certified as eligible for subsidy aid under the deinstitutionalization program shall receive an

amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for training

of each child or adult and an amount of not less than twenty-five dollars ($25.00) and not more

than sixty dollars ($60.00) for basic care and treatment for a seven (7) day or weekly period.

These amounts designated for foster parents shall be in addition to the basic payments to foster

parents from the department of social and rehabilitative services for foster home placement.

     (d) The subsidy payments as provided by this section shall be paid from such

institutional or special accounts as may be under the control and direction of the director of

mental health, retardation, and hospitals and earmarked for the placement and continuing support

of an institutionalized person with a qualified parent or an appropriate relative application as set

forth in this chapter.

 

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01798/SUB A

=======