CHAPTER 233


98-S 2532 am
Enacted 7/9/98


A N     A C T

RELATING TO HEALTH AND SAFETY

Introduced By: Senators Fogarty, Gibbs, Nygaard, Coderre and Enos

Date Introduced : February 5, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17.3-1 and 23-17.3-2 of the General Laws in Chapter 23-17.3 entitled "Long-term Care Coordinating Council" is hereby amended to read as follows:

23-17.3-1. Establishment -- Purposes. -- (a) There is hereby established the long-term care coordinating council. The purpose of the council shall be to develop and coordinate state policy concerning all forms of long-term health care for the elderly {DEL , DEL} {ADD and adults with chronic disabilities and illnesses, ADD} ranging from at-home {ADD and community based care ADD} and respite care through intensive nursing care to long term hospital care. The council shall examine and make recommendations concerning any and all issues relating to long-term health care for the elderly {DEL , DEL} {ADD and adults with chronic disabilities and illnesses, ADD} including, but not limited to{ADD:ADD} {DEL, the following: training standards for para-professional nursing home staff and other long-term care personnel; recruitment and staff shortages at nursing homes; fines and other sanctions for violation of nursing home regulations and other nursing home abuses; and the adequacy of the funding and delivery of long-term care services. DEL} {ADD standards and quality performance; personnel issues to include training standards, recruitment, and staffing needs; enforcement of regulations; patient/client rights; eligibility and access issues; and the adequacy of funding and delivery of long term care services. ADD}

(b) The council is empowered to appoint subcommittees to study specialized areas of concern and to report their findings to the council.

(c) The council is empowered to seek the advice and assistance of the American association of retired persons, Rhode Island chapter, members of state and local senior citizens' councils and advocacy/interest groups, and long term care organizations and associations.

(d) The council is empowered to apply for and receive grants, appropriations, or gifts from any federal, state, or local agency, from any public or private foundation, or from any individual in order to carry out the purposes of this chapter.

(e) All departments, boards, and agencies of the state shall cooperate with the council and furnish such advice and information, documentary and otherwise, as may be necessary or desirable to facilitate the purposes of this chapter.

23-17.3-2. Membership. -- The council shall be comprised of {DEL thirty-five (35) DEL} {ADD thirty-seven (37) ADD} members, as follows: the lieutenant governor or designee; the secretary of state or designee; the director of the department of health or designee; the director of the department of human services or designee; the director of the department of mental health, retardation, and hospitals or designee; the attorney general or designee; the director of the department of elderly affairs or designee; the chair of the advisory committee on aging or designee; the director of the alliance for better nursing home care or designee; {ADD the president of the Rhode Island senior center directors association or designee; the executive director of the Rhode Island chapter of the Alzheimer's association; or designee ADD} a representative of a long-term care provider organization other than a nursing home owner, and a representative of a {DEL sheltered DEL} {ADD residential care/assisted living ADD} care facility other than a nursing home, to be appointed by the governor; a representative of a not-for-profit nursing home to be appointed by the lieutenant governor; six (6) citizens of the state with no direct or indirect interest in nursing home ownership who have demonstrated concern for the care of the elderly, one of whom shall be appointed by the governor, two (2) of whom shall be appointed by the lieutenant governor, two (2) of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the majority leader of the senate; {DEL a representative of a senior center to be appointed by the speaker; a representative of the Narragansett Bay chapter of the Alzheimer's association to be appointed by the governor; DEL} a representative of an adult day care center to be appointed by the speaker; a representative of senior housing to be appointed by the lieutenant governor; a representative of a not for profit home health care agency to be appointed by the speaker; a representative of a for profit home health care agency to be appointed by the speaker; and a representative of a community mental health center, to be appointed by the senate majority leader; a registered nurse experienced in the care of the elderly, to be appointed by the governor; a representative of nonmanagerial nursing home employees, to be appointed by the lieutenant governor; three (3) members of the house, not more than two (2) from the same political party, to be appointed by the speaker; a nursing home owner, to be appointed by the speaker; two (2) members of the senate, not more than one from the same political party to be appointed by the majority leader {DEL ; DEL} {ADD one (1) consumer of home and community based care to be appointed by the speaker from a list of three (3) submitted by the chairperson of the independent living council; one (1) consumer of home and community based care to be appointed by the senate majority leader from a list of three (3) submitted by the chairperson of the Governor's Council on Mental Health; ADD} a general physician to be appointed by the senate majority leader and a psychiatrist specializing in the medical problems of the elderly, to be appointed by the lieutenant governor. Members of the general public may be appointed in lieu of legislators, provided that at least one member shall be appointed from the house and one from the senate, and the appointments shall be made by the same authority as for the legislators supplanted. The members of the council shall serve two-year terms, expiring on the second anniversary of each individual's appointment or on the date that their respective successors are appointed and qualified, whichever is later.

SECTION 2. This act shall take effect upon passage.



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