Title 40
Human Services

Chapter 8.14
Quality Self-Directed Services

R.I. Gen. Laws § 40-8.14-1

§ 40-8.14-1. Definitions.

For purposes of this chapter:

(1)

“Director” means the director of the Rhode Island department of administration.

(2) “Executive office of health and human services (EOHHS)” means the agency in the executive branch of state government that is designated as the Medicaid single state agency and which, in this capacity, oversees the administration of the Medicaid LTSS program.

(3) “Fiscal intermediary” means a third-party organization operating in accordance with applicable federal and state requirements under contract with the state that is responsible for performing payroll and other employment-related functions on behalf of the participant as set forth in the implementing regulations for the personal choice program promulgated by the secretary of EOHHS.

(4) “Individual provider” means an individual selected by and working under the direction of a Medicaid LTSS participant or the participant’s duly authorized representative to provide self-directed personal care services to the participant in accordance with a person-centered plan and the implementing regulations promulgated for the program by the secretary of EOHHS. Individual provider does not mean or include an employee of a provider agency, subject to the agency’s direction and control commensurate with agency employee status.

(5) “Medicaid LTSS participant” means a person who has been determined by the state to be eligible for Medicaid-funded long-term services and supports under the Medicaid state plan and/or the RI section 1115 waiver demonstration and/or Medicaid authorities created in the future.

(6) “Participant’s representative” means a participant’s legal guardian or a person who has been designated by the participant or otherwise has the authority and responsibility to act on behalf of a participant with respect to the provision of self-directed services, including the self-directed personal care services subject to this act.

(7) “Provider representative” means a provider organization that is certified as the exclusive negotiating representative of individual providers as provided in § 40-8.15-7.

(8) “Secretary” means the secretary of the Rhode Island executive office of health and human services (EOHHS).

(9) “Self-directed personal care services” means home and community-based personal care services a Medicaid LTSS participant is authorized to self-direct to meet their daily living needs, function adequately at home, safely access the community, or other nonprofessional services under the personal choice program, independent provider program, or any similar program that may provide similar services in the future under the Medicaid state plan, section 1115 demonstration waiver, or future Medicaid authorities promulgated by the secretary.

History of Section.
P.L. 2018, ch. 106, § 1; P.L. 2018, ch. 110, § 1; P.L. 2023, ch. 235, § 2, effective June 23, 2023; P.L. 2023, ch. 236, § 2, effective June 23, 2023.