Title 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

Chapter 1
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

§ 40.1-1-13. Powers and duties of the office.

Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of 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 providers;

(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) To act in conjunction with the executive office of health and human services as the state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the purposes of the calculation of the expenditures relative to the substance abuse block grant and federal funding maintenance of effort. The department of behavioral healthcare, developmental disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility for the planning, policy and implementation efforts as it relates to the requirements set forth in pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;

(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 chapter 2 of title 37, 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, and provide the list of licensed chemical dependency professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed by the department of health pursuant to chapter 69 of title 5) for use by state agencies including, but not limited to, the adjudication office of the department of transportation, the district court and superior court and the division of probation and parole for referral of individuals requiring substance use disorder treatment;

(12) To promulgate rules and regulations necessary to carry out the requirements of this chapter;

(13) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter;

(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: chapters 1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed]; chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18;

(15) To establish a Medicare Part D restricted-receipt account in the hospitals and community rehabilitation services 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 group home operations 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 any and all 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. As of January 1, 2027, all recovery housing facilities shall be registered with the department and shall adhere to the NARR certification process.