Chapter 129
2016 -- S 2579 SUBSTITUTE B
Enacted 06/24/2016

A N   A C T

Introduced By: Senators Lynch Prata, and Ruggerio
Date Introduced: February 25, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 40.1-1-13 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:
     40.1-1-13. Powers and duties of the office. -- (a) Notwithstanding any provision of the
Rhode Island general laws to the contrary, the department of mental health, retardation,
behavioral healthcare, developmental disabilities and hospitals shall have the following powers
and duties:
      (1) To establish and promulgate the overall plans, policies, objectives, and priorities for
state substance-abuse education, prevention, and treatment; provided, however, that the director
shall obtain and consider input from all interested state departments and agencies prior to the
promulgation of any such plans or policies;
      (2) Evaluate and monitor all state grants and contracts to local substance abuse service
      (3) Develop, provide for, and coordinate the implementation of a comprehensive state
plan for substance-abuse education, prevention, and treatment;
      (4) Ensure the collection, analysis, and dissemination of information for planning and
evaluation of substance-abuse services;
      (5) Provide support, guidance, and technical assistance to individuals, local
governments, community service providers, public and private organizations in their substance-
abuse education, prevention, and treatment activities;
      (6) Confer with all interested department directors to coordinate the administration of
state programs and policies that directly affect substance abuse treatment and prevention;
      (7) Seek and receive funds from the federal government and private sources in order to
further the purposes of this chapter;
      (8) Act in the capacity of "state substance-abuse authority" as that term has meaning for
coordination of state substance-abuse planning and policy and as it relates to requirements set
forth in pertinent federal substance-abuse laws and regulations;
      (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans
involving insurance and managed care systems for substance abuse services in Rhode Island;
      (10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual
relationships and memoranda of agreement as necessary for the purposes of this chapter;
      (11) To license facilities and programs for the care and treatment of substance abusers,
and for the prevention of substance abuse;
      (12) To promulgate rules and regulations necessary to carry out the requirements of this
      (13) Perform other acts and exercise any other powers necessary or convenient to carry
out the intent and purposes of this chapter; and
      (14) To exercise the authority and responsibilities relating to education, prevention, and
treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter
1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter
21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and ยง 35-4-
18. ;
      (15) To establish a Medicare Part D restricted-receipt account in the Hhospitals and
Ccommunity Rrehabilitation Sservices program to receive and expend Medicare Part D
reimbursements from pharmacy benefit providers consistent with the purposes of this chapter. ;
      (16) To establish a RICLAS Ggroup Hhome Ooperations restricted-receipt account in
the services for the developmentally disabled program to receive and expend rental income from
RICLAS group clients for group home-related expenditures, including food, utilities, community
activities, and the maintenance of group homes. ;
      (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the
hospitals and community rehabilitation services program to receive and expend reimbursement
from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid
eligible. ; and
     (18) To certify recovery housing facilities directly, or through a contracted entity, as
defined by department guidelines, which includes adherence to using National Alliance for
Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the
department, all referrals from state agencies or state-funded facilities shall be to certified houses,
and only certified recovery housing facilities shall be eligible to receive state funding to deliver
recovery housing services.
     SECTION 2. This act shall take effect upon passage.
LC004906/SUB B