R.I. Gen. Laws § 40-8-9.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-9.1
§ 40-8-9.1. Notice.
Status: in_force

Whenever an individual who is receiving medical assistance under this chapter transfers an interest in real or personal property, the individual shall notify the executive office of health and human services within ten (10) days of the transfer. The notice shall be sent to the individuals local office and the legal office of the executive office of health and human services and include, at a minimum, the individuals name, social security number or, if different, the executive office of health and human services identification number, the date of transfer, and the dollar value, if any, paid or received by the individual who received benefits under this chapter. In the event an individual fails to provide notice required by this section to the executive office of health and human services and in the event an individual has received medical assistance, any individual and/or entity, who knew or should have known that the individual failed to provide the notice and who receives any distribution of value as a result of the transfer, shall be liable to the executive office of health and human services to the extent of the value of the transfer. Moreover, any such individual shall be subject to the provisions of § 40-6-15 and any remedy provided by applicable state and federal laws and rules and regulations. Failure to comply with the notice requirements set forth in the section shall not affect the marketability of title to real estate transferred while the transferor is receiving medical assistance.
R.I. Gen. Laws § 40-1-8 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-8
§ 40-1-8. Appointment of employees.
Status: in_force

The director of the department of human services, subject to the provisions of chapter 4 of title 36, shall be the appointing authority for all employees of the department, and the director may assign this function to subordinate officers and employees as may to him or her seem feasible or desirable.
R.I. Gen. Laws § 40-6-9 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-9
§ 40-6-9. Assignment and subrogation for recovery of child, spousal and medical support rights.
Status: in_force

(a) An applicant for or recipient of public assistance under this chapter, or under Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of himself or herself and for and on behalf of a child or children, shall be deemed, without the necessity of signing any document for purposes of recovery, to have made an assignment and given a right of subrogation to the executive office of health and human services and/or the department of human services, as applicable, of any and all rights and interests in any cause of action, past, present, or future, that the applicant or recipient may have against any person failing to, or obligated to, provide for the support, maintenance, and medical care of the applicant, recipient, and/or minor child or children, for the period of time that assistance is being paid by the executive office of health and human services and/or the department. The executive office of health and human services and/or the department shall be subrogated to any and all rights, title, and interest the applicant or recipient may have against any and all property belonging to the obligated or non-supporting person in the enforcement of any claim for child, spousal, and medical support, whether liquidated through court order or not. The applicant or recipient shall also be deemed, without the necessity of signing any document, to have appointed the executive office of health and human services and/or the department of human services as his or her true and lawful attorney in fact to act in his or her name, place, and stead to perform the specific act of instituting suit to establish paternity or secure support and medical care; collecting any and all amounts due and owing for child, spousal, and medical support; endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments that are received by the executive office of health and human services and/or the department; and retaining any portion thereof permitted under federal and state statutes as reimbursement for financial, medical, and any other assistance previously paid to or for the recipient, child, or children.

(b) An applicant for, or a recipient of, medical assistance provided by the executive office of health and human services and/or the department pursuant to this chapter or chapter 8 of this title or Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of himself or herself, and for and on behalf of any other person for whom he or she may legally assign rights to any medical support or any other medical care, shall be deemed, without the necessity of signing any document for purposes of reimbursement, to have made an assignment and given a right of subrogation to the executive office of health and human services and/or the department of human services of any and all rights and interests that he, she, or such other person may have: (1) To payment for any medical support; and (2) To any payment from any third party that has a legal liability to pay for care and services available and provided to the applicant or recipient. The executive office of health and human services and/or the department of human services shall, in accordance with this section and all applicable state and federal laws, be entitled to any payments by a third party to recover costs from the full amount of an applicants or recipients liability settlement(s). For this purpose, the executive office of health and human services may place a lien against an applicants or recipients liability settlement(s).

(c) In addition to the assignments and subrogation rights provided in subsections (a) and (b) of this section, an applicant for, or a recipient of, financial assistance provided by the executive office of health and human services and/or department pursuant to this chapter, whenever the assistance is necessary by reason of accident, injury, or illness for which a third party may be liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom he or she may legally act, shall be deemed, without the necessity of signing any document, to have assigned and subrogated to the executive office of health and human services and/or the department of human services, from amounts recovered or recoverable from any third party, an amount of money equal to the amount of financial assistance provided as a result of the accident, illness, or injury.

(d) With respect to an assignment and subrogation rights established pursuant to this section, an applicant or recipient shall provide to the executive office of health and human services and/or the department of human services all relevant information regarding the assigned and subrogated rights, and shall execute any documents relating thereto, in accordance with rules and regulations to be adopted by the executive office of health and human services and/or the department.

(e) With respect to any assignment and subrogation rights for medical or financial support or other recoveries under this section, the executive office of health and human services and/or the department of human services shall be considered to have acquired the rights of the individual to payment by any third party for the medical care and support, financial support, and other recoveries.

(f) An applicant for, or a recipient of, medical assistance provided by the executive office of health and human services in accordance with chapter 8 of this title shall also be subject to the provisions of chapter 57.1 of title 27. Funds available to be paid for the payment of child support shall supersede any payment made pursuant to this chapter and chapter 57.1 of title 27.

(g) The executive office of health and human services and/or the department of human services shall, in accordance with this section and all applicable state and federal laws, be entitled to any payments by a third party to recover costs from the full amount of an applicants or recipients liability settlement(s). For this purpose, the executive office of health and human services may place a lien against an applicants or recipients liability settlement(s). Nothing in these sections shall limit the executive office of health and human services and/or the department of human services from recovery, to the extent of the distribution, in accordance with all state and federal laws.
R.I. Gen. Laws § 40-8-3 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-3
§ 40-8-3. Eligibility requirements.
Status: repealed

Medical care benefits shall be provided under this chapter to at least any person:

(1) Who has attained the age of sixty-five (65) years; or

(2) Who has no vision or whose vision is so defective as to prevent performance of ordinary activities for which eyesight is essential; or

(3) Who is at least eighteen (18) years of age and who is permanently and totally disabled; or

(4) Who is under the age of eighteen (18) years, and who has been deprived of parental support or care by reason of the death, continued absence from the home, unemployment, or physical or mental incapacity of a parent (called hereafter dependent child) and who is living with a relative in a place of residence maintained by one or more of these relatives as his or her or their own home, or is in foster boarding care; or

(5) The relative as defined in subsection (8) of § 40-8-2, with whom the dependent child is living; provided the person:

(i) Is a resident of this state; and

(ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) [repealed] or § 40-6-27; and

(iii) Is not an inmate of a public institution other than as a patient in a medical institution; and

(iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person has attained the age of sixty-five (65) years; provided, however, that this clause shall become void and of no effect if and when legislation enacted by the Congress of the United States shall become effective providing for payments for medical care on behalf of persons who have not attained the age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and

(v) Has insufficient income and resources. The department shall establish income and resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients. The income limits established by the department must be more than the AFDC standard in effect on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal Social Security Act, 42 U.S.C. § 601 et seq., but shall not be more than one hundred thirty-three and one-third percent (133 %) of the AFDC standard in effect on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal Social Security Act; provided, however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the department shall increase the income limits on July 1, 1999, by six and six-tenths percent (6.6%), and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual federal adjustment percentage as determined under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The department shall establish resource limits equal to two thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family. Provided, however, the department shall apply to the United States Department of Health and Human Services for a waiver relating to application of the reduced resource limit, and subject to the granting of the waiver by the Secretary of the United States Department of Health and Human Services, the resource limit shall be applied to all applicants who: (A) Become eligible for benefits under this chapter on or after the effective date of this amendment and (B) Who were not receiving benefits under this chapter prior to July 1, 1993. In the event the secretary does not approve the waiver request, the current department regulations relating to resource limits shall remain in effect for all eligible beneficiaries.

For the purposes of this subsection, a vehicle necessary to transport a family member with a disability, where the vehicle is specially equipped to meet the specific needs of the person with a disability or if the vehicle is a special type of vehicle that makes it possible to transport the person with the disability, shall not be counted as resources of the applicants and recipients.
R.I. Gen. Laws § 40-8-13.4 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-13.4
§ 40-8-13.4. Rate methodology for payment for in-state and out-of-state hospital services.
Status: repealed

(a) The executive office of health and human services (executive office) shall implement a new methodology for payment for in-state and out-of-state hospital services in order to ensure access to, and the provision of, high-quality and cost-effective hospital care to its eligible recipients.

(b) In order to improve efficiency and cost-effectiveness, the executive office shall:

(1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is non-managed care, implement a new payment methodology for inpatient services utilizing the Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method that provides a means of relating payment to the hospitals to the type of patients cared for by the hospitals. It is understood that a payment method based on DRG may include cost outlier payments and other specific exceptions. The executive office will review the DRG-payment method and the DRG base price annually, making adjustments as appropriate in consideration of such elements as trends in hospital input costs; patterns in hospital coding; beneficiary access to care; and the Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index. For the twelve-month (12) period beginning July 1, 2015, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of July 1, 2014. Beginning July 1, 2019, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall be 107.2% of the payment rates in effect as of July 1, 2018. Increases in the Medicaid fee-for-service DRG hospital payments for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in effect as of July 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national Prospective Payment System (IPPS) Hospital Input Price Index. Beginning July 1, 2022, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall be one hundred five percent (105%) of the payment rates in effect as of July 1, 2021. Increases in the Medicaid fee-for-service DRG hospital payments for each annual twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as of July 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national Prospective Payment System (IPPS) Hospital Input Price Index.

(ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until December 31, 2011, that the Medicaid managed care payment rates between each hospital and health plan shall not exceed ninety and one-tenth percent (90.1%) of the rate in effect as of June 30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period beginning January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index for the applicable period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the Medicaid managed care payment rates between each hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning July 1, 2015, the Medicaid managed care payment inpatient rates between each hospital and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (D) Beginning July 1, 2019, the Medicaid managed care payment inpatient rates between each hospital and health plan shall be 107.2% of the payment rates in effect as of January 1, 2019, and shall be paid to each hospital retroactively to July 1; (E) Increases in inpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; the executive office will develop an audit methodology and process to assure that savings associated with the payment reductions will accrue directly to the Rhode Island Medicaid program through reduced managed care plan payments and shall not be retained by the managed care plans; (F) Beginning July 1, 2022, the Medicaid managed care payment inpatient rates between each hospital and health plan shall be one hundred five percent (105%) of the payment rates in effect as of January 1, 2022, and shall be paid to each hospital retroactively to July 1 within ninety days of passage; (G) Increases in inpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1 within ninety days of passage; (H) All hospitals licensed in Rhode Island shall accept such payment rates as payment in full; and (I) For all such hospitals, compliance with the provisions of this section shall be a condition of participation in the Rhode Island Medicaid program.

(2) With respect to outpatient services and notwithstanding any provisions of the law to the contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse hospitals for outpatient services using a rate methodology determined by the executive office and in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare payments for similar services. Notwithstanding the above, there shall be no increase in the Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015. For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient rates shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, 2014. Increases in the outpatient hospital payments for the twelve-month (12) period beginning July 1, 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS) Hospital Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates shall be 107.2% of the payment rates in effect as of July 1, 2018. Increases in the outpatient hospital payments for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in effect as of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient Prospective Payment System (OPPS) Hospital Input Price Index. Beginning July 1, 2022, the Medicaid fee-for-service outpatient rates shall be one hundred five percent (105%) of the payment rates in effect as of July 1, 2021. Increases in the outpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient Prospective Payment System (OPPS) Hospital Input Price Index. With respect to the outpatient rate, (i) It is required as of January 1, 2011, until December 31, 2011, that the Medicaid managed care payment rates between each hospital and health plan shall not exceed one hundred percent (100%) of the rate in effect as of June 30, 2010; (ii) Increases in hospital outpatient payments for each annual twelve-month (12) period beginning January 1, 2012, until July 1, 2017, may not exceed the Centers for Medicare and Medicaid Services national CMS Outpatient Prospective Payment System OPPS Hospital Price Index for the applicable period; (iii) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the Medicaid managed care outpatient payment rates between each hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning July 1, 2015, the Medicaid managed care outpatient payment rates between each hospital and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of January 1, 2013; (iv) Increases in outpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (v) Beginning July 1, 2019, the Medicaid managed care outpatient payment rates between each hospital and health plan shall be one hundred seven and two-tenths percent (107.2%) of the payment rates in effect as of January 1, 2019, and shall be paid to each hospital retroactively to July 1; (vi) Increases in outpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (vii) Beginning July 1, 2022, the Medicaid managed care outpatient payment rates between each hospital and health plan shall be one hundred five percent (105%) of the payment rates in effect as of January 1, 2022, and shall be paid to each hospital retroactively to July 1 within ninety days of passage; (viii) Increases in outpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1.

(3) Hospital, as used in this section, shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital through receivership, special mastership or other similar state insolvency proceedings (which court-approved purchaser is issued a hospital license after January 1, 2013), shall be based upon the new rates between the court-approved purchaser and the health plan, and such rates shall be effective as of the date that the court-approved purchaser and the health plan execute the initial agreement containing the new rates. The rate-setting methodology for inpatient-hospital payments and outpatient-hospital payments set forth in subsections (b)(1)(ii)(C) and (b)(2), respectively, shall thereafter apply to increases for each annual twelve-month (12) period as of July 1 following the completion of the first full year of the court-approved purchasers initial Medicaid managed care contract.

(c) It is intended that payment utilizing the DRG method shall reward hospitals for providing the most efficient care, and provide the executive office the opportunity to conduct value-based purchasing of inpatient care.

(d) The secretary of the executive office is hereby authorized to promulgate such rules and regulations consistent with this chapter, and to establish fiscal procedures he or she deems necessary, for the proper implementation and administration of this chapter in order to provide payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the Rhode Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., is hereby authorized to provide for payment to hospitals for services provided to eligible recipients in accordance with this chapter.

(e) The executive office shall comply with all public notice requirements necessary to implement these rate changes.

(f) As a condition of participation in the DRG methodology for payment of hospital services, every hospital shall submit year-end settlement reports to the executive office within one year from the close of a hospitals fiscal year. Should a participating hospital fail to timely submit a year-end settlement report as required by this section, the executive office shall withhold financial-cycle payments due by any state agency with respect to this hospital by not more than ten percent (10%) until the report is submitted. For hospital fiscal year 2010 and all subsequent fiscal years, hospitals will not be required to submit year-end settlement reports on payments for outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not be required to submit year-end settlement reports on claims for hospital inpatient services. Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include only those claims received between October 1, 2009, and June 30, 2010.

(g) The provisions of this section shall be effective upon implementation of the new payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.
R.I. Gen. Laws § 40-9-8 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-8
§ 40-9-8. Proceeds of work of blind and visually impaired workers.
Status: in_force

For the purpose of carrying out the provisions of § 40-9-7, the receipts from the sales of handiwork of people who are blind or visually impaired workers shall be collected by the department of human services and turned over to the general treasurer, and the funds shall be made available for expenditure by the department of human services for the purpose of buying supplies and materials for workers who are blind or visually impaired workers and to compensate people who are workers who are blind or visually impaired for services rendered; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums as may be required, from time to time, upon the receipt by him or her of proper vouchers approved by the director of human services, or his or her duly authorized agent.
R.I. Gen. Laws § 40-15-7 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-7
§ 40-15-7. Visitation, inspection, or supervision of children, homes, institutions, or other agencies.
Status: in_force

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state that may apply under chapter 72.1 of title 42 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state, or a subdivision thereof, as contemplated by paragraph (b) of article V of the Interstate Compact on the Placement of Children.
R.I. Gen. Laws § 40-11-3.2 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-3.2
§ 40-11-3.2. False reporting of child abuse and neglect.
Status: in_force

Any person who knowingly and willfully makes, or causes to be made, to the department a false report of child abuse or neglect shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both.
R.I. Gen. Laws § 40-9-6 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-6
§ 40-9-6. Home instruction of people who are blind or visually impaired.
Status: in_force

The director of human services is hereby authorized and empowered to provide for the instruction at their homes of the adult residents who are blind or visually impaired residents of this state upon such conditions and in such manner as may to him or her seem proper, and the general assembly shall annually appropriate a sum as it may deem necessary for the purposes of this section; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much thereof as may, from time to time, be necessary, upon receipt by him or her of proper vouchers approved by the director of the department and by the administration of services for people who are blind or visually impaired. Receipts from the toy lending library shall be deposited as general revenue and the activity shall be funded through general revenue appropriations.
R.I. Gen. Laws § 40-11-16 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-16
§ 40-11-16. Severability.
Status: in_force

If any provision of this chapter or application thereof is held to be invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected.
R.I. Gen. Laws § 40-2-13 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-13
§ 40-2-13. Resident physicians and dentists.
Status: in_force

The director of the department of human services shall appoint resident physicians, dentists, and other physicians, as may be necessary to give proper attention to the physical and mental welfare of the inmates of the institutions under the control of the department. The general assembly shall annually appropriate such sum as it may deem necessary to compensate the appointees.
R.I. Gen. Laws § 40-8-25 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-25
§ 40-8-25. Nursing facility pharmaceutical waste reduction.
Status: in_force

The department shall implement one or more methods to reduce the disposal of unused pharmaceuticals paid for by the medical assistance program for residents of nursing facilities licensed pursuant to chapter 17 of title 23. The department shall make a report to the permanent joint legislative committee on health care oversight on or before March 1, 2005, regarding the methods employed and any resulting cost savings anticipated.
R.I. Gen. Laws § 40-11-14 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-14
§ 40-11-14. Right to representation in court proceedings.
Status: in_force

(a) Any child who is alleged to be abused or neglected as a subject of a petition filed in family court under this chapter, shall have a guardian ad litem appointed by the court to represent this child. In addition, any young adult, who is eligible for extended foster care pursuant to § 14-1-6(c) and who has executed a voluntary agreement for extension of care may request the appointment of a guardian ad litem or court-appointed counsel. An appointment shall be in the discretion of the court. The cost of counsel in those instances shall be paid by the state.

(b) A volunteer court-appointed special advocate may be assigned to assist the guardian ad litem, in the court-appointed special advocates office (CASA):

(1) In order to assist the family court with the ability to ensure that these volunteers, whose activity involves routine contact with minors, are of good moral character, all persons seeking to volunteer for CASA shall be required to undergo a national criminal records check for the purpose of determining whether the prospective volunteer has been convicted of any crime.

(i) A national criminal records check shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the department of children, youth and families (DCYF) for a national criminal records check. The national criminal records check shall be processed prior to the commencement of volunteer activity.

(ii) For the purposes of this section, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and that sentence has not expired and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.

(iii) For the purposes of this section, disqualifying information means information produced by a national criminal records check pertaining to conviction for the offenses designated as disqualifying information pursuant to DCYF policy.

(iv) The department of children, youth and families (DCYF) shall inform the applicant, in writing, of the nature of the disqualifying information and, without disclosing the nature of the disqualifying information, shall notify the family court, in writing, that disqualifying information has been discovered.

(v) In those situations in which no disqualifying information has been found, DCYF shall inform the applicant and the family court, in writing, of this fact.

(vi) The family court shall maintain on file evidence that national criminal records checks have completed on all volunteer court-appointed special advocates.

(vii) The criminal record check shall be conducted without charge to the prospective CASA volunteers. At the conclusion of the background check required pursuant to this section, DCYF shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.

(2) All persons seeking to volunteer for CASA must submit a satisfactory DCYF clearance and participate in a program of training offered by the CASA office.

(c) If the parent or other person responsible for the childs care is financially unable to engage counsel as determined by the court, the court may, at the request of that person, and in its discretion, appoint the public defender, or other counsel, to represent the person. The cost of other counsel in those instances shall be paid by the state. In every court proceeding under this chapter in which it is a party, the department shall be represented by its legal counsel.
R.I. Gen. Laws § 40-14-6 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-6
§ 40-14-6. Maximum loan.
Status: in_force

Loans from the fund shall not exceed a total of five thousand dollars ($5,000) per applicant.
R.I. Gen. Laws § 40-6-29 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-29
§ 40-6-29. Healthcare benefits  Employers  Discrimination against public assistance recipients.
Status: in_force

(a) No employer in the state who shall hire, contract with, or employ an individual (hereinafter recipient) who has been determined eligible to receive public assistance or medical assistance under chapters 6 and 5.1 and 8.4 of this title, or chapter 12.3 of title 42 and/or Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall discriminate against the recipient(s) on the basis that the recipient(s) receive healthcare coverage as an element of their eligibility under those chapters and act.

(b) The department of human services is hereby authorized and directed to amend its regulations and any appropriate state plan(s) pursuant to the federal Social Security Act, 42 U.S.C. § 301 et seq., to provide for imposition of a fine on the failure of any employer to comply with the requirements of this section.

(c) The amount of the fine imposed by subsection (b) of this section shall be equal to one hundred dollars ($100) for each day for each individual for which the failure occurs.

(d) No fine shall be imposed by subsection (b) if:

(1) The failure was due to reasonable cause and not willful neglect; and

(2) The failure is corrected during the thirty-day (30) period (or such period as the director of the department of human services may determine appropriate) beginning on the first day any of the individuals upon whom the fine is imposed know, or exercising reasonable diligence would have known, that the failure existed. In the case of a failure due to reasonable cause and not to willful neglect, the director may waive part or all of the fine imposed by subsection (a) to the extent that the payment of the fine would be excessive relative to the failure involved.

(e) No employer may refuse to provide employee data information lawfully requested by the department of human services about specific employees whom the department had determined eligible, or is in the process of determining eligibility, to receive public healthcare benefits.

(f) As used in this section, the term group health plan has the meaning given the term in § 5000(b)(1) of the Internal Revenue Code of 1986, 26 U.S.C. § 5000(b)(1).

(g) A group health plan offered by an employer:

(1) May not take into account, for any item or services to be furnished to a recipient at the time the recipient is covered under the plan by reason of the current employment of that recipient (or the recipients spouse), that the recipient is entitled to healthcare coverage as an element of their eligibility; and

(2) Shall provide that any recipient, and any recipients spouse and minor dependents, shall be entitled to the same benefits under the plan under the same conditions as any employee, and the spouse and dependents of the employee.

(h) It is unlawful for an employer to offer any financial or other incentive for a recipient not to enroll (or to terminate enrollment) under a group health plan, unless the incentive is also offered to all individuals who are eligible for coverage under the plan. Any entity that violates the previous sentence is subject to a civil money penalty not to exceed five thousand dollars ($5,000) for each violation, which may be imposed by the department of human services.
R.I. Gen. Laws § 40-7-1 — RI Code / Title 40 / Chapter 40-7 / Section 40-7-1
§ 40-7-1. Compact enacted.
Status: in_force

The New England welfare compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

The policy of the states party to this compact is to make welfare services available among the compacting states on the basis of the mutual removal of barriers caused by restrictive residence requirements of the several states. However, it is recognized that law and policy relating generally to the provision of welfare services by a particular state should not be determined by interstate compact and will remain a matter for determination by that party state and its subdivisions.

As used in this compact, the term welfare service means and includes public assistance and child welfare services furnished by a party state or a subdivision thereof, provided that such assistance or service is pursuant to a federally-aided plan, arrangement, or program, and any other category of welfare assistance which is federally aided at the time when a claim of eligibility for assistance or service is made pursuant to this compact.

(a) No person who has removed himself or herself from his or her place of abode in one party state to another party state shall be ineligible for a welfare service in such other party state because of failure to meet that states residence requirements for eligibility. However, if a person is already receiving a welfare service at the time he or she removes himself or herself from his or her place of abode to another party state and if he or she continues to be in need of such service, the party state from which he or she removes himself or herself shall be obligated to bear the cost of such service for ninety (90) days from the date of his or her removal. In any such case, the party state to which the person removes himself or herself shall not be obligated to provide the service at its own expense during such ninety (90)-day period. The cost of providing a welfare service to any person made eligible therefor by reason of this compact shall be charged within a state in accordance with the laws of such state.

(b) The appropriate official, department or agency of the state where application for a welfare service is made pursuant to this compact shall be entitled to request and receive any pertinent information available from any other party state with respect to such applicant.

ARTICLE IV.  EXCEPTIONS AND LIMITATIONS Nothing in this compact shall be construed to:

(a) Invalidate any agreement between a party state and a nonparty state relating to the provision neither of welfare services nor to invalidate any statutory authority for such agreements.

(b) Obligate a party state to provide a welfare service pursuant to this compact, which it does not provide to its own residents.

ARTICLE V.  COMPACT ADMINISTRATOR In each party state there shall be a compact administrator who shall be the head of the state welfare agency. The compact administrator shall act as general coordinator of activities under the compact in his or her state and cooperate with the compact administrators of other party states. The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out the terms and provisions of this compact.

(a) This compact shall be open to membership by the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It shall enter into full force and effect as to any two (2) or more of the aforementioned states upon enactment thereof by such states.

(b) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect six (6) months after notice thereof has been communicated officially and, in writing, to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not affect the rights of any person who is receiving a welfare service pursuant to the provisions of this compact.

ARTICLE VII.  CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
R.I. Gen. Laws § 40-11-1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-1
§ 40-11-1. Policy.
Status: in_force

The public policy of this state is: to protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and, for these purposes, to require the mandatory reporting of known or suspected child abuse and neglect, investigation of those reports by a social agency, and provision of services, where needed, to the child and family.
R.I. Gen. Laws § 40-8-19.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-19.1
§ 40-8-19.1. Nursing facility financial oversight.
Status: in_force

(a) On an annual basis, every licensed nursing facility participating in the medical assistance program shall file a financial statement or other financial information acceptable to the department with its annual cost report (BM-64) for the time period covered by the cost report that would provide sufficient information for the department to assess the facilitys financial status.

(b) The department shall, by regulation:

(1) Develop, in consultation with the department of health, criteria for the financial statements or financial information to be submitted in lieu of the financial statement as required in subsection (a);

(2) Develop criteria for reviewing the financial statement or financial information submitted and assessing the financial status of facilities to determine if they have sufficient resources to meet operational and financial expenses and to comply with resident care and facility standards; and

(3) Establish a set of indicators or criteria that would indicate if a facilitys financial status is marginal of if a facility is having severe financial difficulties. These criteria shall include, but not be limited to:

(i) Significant operating losses for two (2) successive years;

(ii) Frequent requests for advance on Medicaid reimbursements;

(iii) Unfavorable working capital ratios of assets to liabilities;

(iv) High proportion of accounts receivable more than ninety (90) days old;

(v) Increasing accounts payable, unpaid taxes, and/or payroll-related costs;

(vi) Minimal or decreasing equity and/or reserves;

(vii) High levels of debt and high borrowing costs.

(c) Whenever a facilitys financial status is determined to be marginal or to have severe financial difficulties, the department shall notify the director of the department of health.

(d) Special rate appeal pursuant to § 23-17-12.7. The department shall file a state plan amendment with the United States Department of Health and Human Services to modify the principles of reimbursement for nursing facilities, to be effective on October 1, 2005, or as soon thereafter as is authorized by an approved state plan amendment, to assign a special prospective appeal rate for any facility for which, pursuant to § 23-17-12.6, the department of health has appointed an independent quality monitor; the department of health has required to engage an independent quality consultant or temporary manager; and/or the department of health pursuant to § 23-17-12.7 has been required to develop and implement a plan of correction and remediation to address concerns regarding resident care and coincident financial solvency. The special prospective appeal rate shall be assigned for a duration of not less than six (6) months, shall be based upon the additional cost of the independent quality monitor, independent quality consultant, or temporary manager, as the case may be, or the approved spending plan set forth in the plan of correction and remediation, and subject to review-of-cost report, and subsequent extension at the discretion of the department, at six-month (6) intervals for a maximum of eighteen (18) months thereafter. In calculating the prospective per diem, the department shall disregard the cost center ceilings for the direct labor and other operating expense cost centers. The department shall recoup any funds specified in the spending plan that have not been expended.
R.I. Gen. Laws § 40-8-9 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-9
§ 40-8-9. Fraudulent receipt of assistance as larceny  Penalty.
Status: in_force

Whoever knowingly makes a false statement or misrepresents a material fact with intent thereby to defraud the state of any benefit or wrongfully to obtain or increase any benefit either for himself or herself or for any other person shall, upon conviction, be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00), or by imprisonment for not more than thirty (30) days, or by both a fine and imprisonment. Each false statement or representation shall constitute a separate and distinct offense.
R.I. Gen. Laws § 40-8-29 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-29
§ 40-8-29. Selective contracting.
Status: in_force

(a) Notwithstanding any other provision of state law, the department of human services is authorized to utilize selective contracting with prior general assembly approval for the purpose of purchasing for Medicaid recipients shared-living provider services, durable medical equipment and supplies, non-emergency transportation, and any other Medicaid services, when appropriate, in order to ensure that all service expenditures under this chapter have the maximum benefit of competition, and afford Rhode Islanders the overall best value, optimal quality, and the most cost-effective care possible. Beneficiaries will be limited to using the services/products of only those providers determined in a competitive bidding process to meet the standards for best quality, performance, and price set by the department in accordance with applicable federal and state laws.

(b) For purposes of this section, selective contracting shall mean the process for choosing providers to serve Medicaid beneficiaries based on their ability to deliver the best quality products or services, at the best value or price.

(c) To ensure all services allowable for Medicare reimbursement for beneficiaries who are dually eligible, selective contractors must be willing and able to accept Medicare.
R.I. Gen. Laws § 40-8-2 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-2
§ 40-8-2. Definitions.
Status: in_force

As used in this chapter, unless the context shall otherwise require:

(1) Dental service means and includes emergency care, X-rays for diagnoses, extractions, palliative treatment, and the refitting and relining of existing dentures and prosthesis.

(2) Department means the department of human services.

(3) Director means the director of human services.

(4) Drug means and includes only drugs and biologicals prescribed by a licensed dentist or physician as are either included in the United States pharmacopoeia, national formulary, or are new and nonofficial drugs and remedies.

(5) Inpatient means a person admitted to and under treatment or care of a physician or surgeon in a hospital or nursing facility that meets standards of and complies with rules and regulations promulgated by the director.

(6) Inpatient hospital services means the following items and services furnished to an inpatient in a hospital other than a hospital, institution, or facility for tuberculosis or mental diseases:

(i) Bed and board;

(ii) Nursing services and other related services as are customarily furnished by the hospital for the care and treatment of inpatients and drugs, biologicals, supplies, appliances, and equipment for use in the hospital, as are customarily furnished by the hospital for the care and treatment of patients;

(iii)(A) Other diagnostic or therapeutic items or services, including, but not limited to, pathology, radiology, and anesthesiology furnished by the hospital or by others under arrangements made by the hospital, as are customarily furnished to inpatients either by the hospital or by others under such arrangements, and services as are customarily provided to inpatients in the hospital by an intern or resident-in-training under a teaching program having the approval of the Council on Medical Education and Hospitals of the American Medical Association or of any other recognized medical society approved by the director.

(B) The term inpatient hospital services shall be taken to include medical and surgical services provided by the inpatients physician, but shall not include the services of a private-duty nurse or services in a hospital, institution, or facility maintained primarily for the treatment and care of patients with tuberculosis or mental diseases. Provided, further, it shall be taken to include only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung, heart, and heart/lung, and other organ transplant operations as may be designated by the director after consultation with medical advisory staff or medical consultants; and provided that any such transplant operation is determined by the director or his or her designee to be medically necessary. Prior written approval of the director, or his or her designee, shall be required for all covered organ transplant operations.

(C) In determining medical necessity for organ transplant procedures, the state plan shall adopt a case-by-case approach and shall focus on the medical indications and contra-indications in each instance; the progressive nature of the disease; the existence of any alternative therapies; the life-threatening nature of the disease; the general state of health of the patient apart from the particular organ disease; and any other relevant facts and circumstances related to the applicant and the particular transplant procedure.

(7) Nursing services means the following items and services furnished to an inpatient in a nursing facility:

(i) Bed and board;

(ii) Nursing care and other related services as are customarily furnished to inpatients admitted to the nursing facility, and drugs, biologicals, supplies, appliances, and equipment for use in the facility, as are customarily furnished in the facility for the care and treatment of patients;

(iii) Other diagnostic or therapeutic items or services, legally furnished by the facility or by others under arrangements made by the facility, as are customarily furnished to inpatients either by the facility or by others under such arrangement;

(iv) Medical services provided in the facility by the inpatients physician, or by an intern or resident-in-training of a hospital with which the facility is affiliated or that is under the same control, under a teaching program of the hospital approved as provided in subsection (6); and

(v) A personal-needs allowance of seventy-five dollars ($75.00) per month.

(8) Relative with whom the dependent child is living means and includes the father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the dependent child.

(9) Visiting nurse service means part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse other than in a hospital or nursing home.
R.I. Gen. Laws § 40-9-11.3 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.3
§ 40-9-11.3. Provision for vending machines in buildings purchased or leased by state.
Status: in_force

Whenever any department, agency, or instrumentality of the state shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building, the department, agency, or instrumentality shall make all reasonable attempts to ensure that the building includes a satisfactory site or sites for the location and operation of a vending facility by a person who is blind or visually impaired. Each department, agency, or instrumentality is hereby encouraged to provide timely notice to the director of human services that the acquisition, construction, or renovation of the building is planned in order to permit appropriate planning, selection, and preparation of the site or sites by the state services for people who are blind or visually impaired.
R.I. Gen. Laws § 40-9-11.6 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.6
§ 40-9-11.6. Definitions.
Status: in_force

(a) Licensed operator means a person who is blind or visually impaired who has received from the state services for persons who are blind or visually impaired a license that entitles the person to operate a vending facility, receive the profits therefrom, and take responsibility for the continuous maintenance of the facility to which he or she is assigned.

(b) Person who is blind or visually impaired means a person whose visual acuity is found to be twenty/two hundred (20/200) or less in the better eye with best correction, or visual acuity of better than twenty/two hundred (20/200) if the widest diameter of the field of vision subtends an angle no greater than twenty (20) degrees. Blindness shall be determined by a physician skilled in the diseases of the eye, and certification thereof shall be made by the ophthalmological consultant at the state services for people who are blind or visually impaired.

(c) State property means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality wholly owned by the state, unless, with respect to any building, land, or other real property, leased or rented by the state, the lease or rental agreement shall prohibit the establishment of the vending facilities. The state shall use its best efforts to obtain permission to establish vending facilities in buildings, land, or other real property hereafter leased or rented by the state.

(d) Vending facility means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and other appropriate auxiliary equipment necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the state services for people who are blind or visually impaired, and including the vending or exchange of chances for any lottery authorized by state law.
R.I. Gen. Laws § 40-2-14 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-14
§ 40-2-14. Examination of inmates for contagious disease  Investigation and report of sources.
Status: in_force

The department is hereby authorized and directed, by the attending physician at any of the institutions or by another physician as the director of the department may from time to time designate, to use every available means to ascertain the existence of any dangerous, infectious, or contagious disease, including syphilis in the infectious stages and gonococcus infection, among the inmates, prisoners, patients, and pupils of the institutions, and to make examination of any of them suspected of having syphilis in the infectious stages or gonococcus infection, and immediately to investigate the source of the infection, and, if ascertained, to report the source of the infection to the department of health; and any person committed to or received into any of the institutions by, through, or under any order of court or any process of law shall be deemed to be an inmate, prisoner, patient, or pupil of the institution, as the case may be, within the provisions of §§ 40-2-12  40-2-17.
R.I. Gen. Laws § 40-6-8.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-8.1
§ 40-6-8.1. Prohibited uses of electronic benefit transfer cards.
Status: in_force

(a) The department shall adopt rules prohibiting purchases with cash assistance funds held on electronic benefit transfer cards in venues as described in this section.

(b) The department is hereby empowered, and shall maintain policies and practices as necessary, to prohibit cash assistance provided under this chapter from being used in any electronic benefit transfer transaction at:

(1) Liquor stores (holding solely a retailers class A license);

(2) Casinos or at facilities that conduct casino gaming as defined in chapter 61.2 of title 42;

(3) Gambling facilities as defined by chapter 9 of title 41;

(4) Retail establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in the Social Security Act, 42 U.S.C. § 608(a).

(c) Eligible recipients of direct-cash assistance, who use cash assistance funds held on electronic benefit transfer cards in such establishments, shall, for a first offense, have their cash assistance reduced for one month by the portion of the familys benefit attributable to one parent, in accordance with rules and regulations promulgated by the department; for a second offense, have their cash assistance reduced for three (3) months by the portion of the familys benefit attributable to one parent, in accordance with rules and regulations promulgated by the department; and for a third offense, shall be disqualified from the direct-cash assistance program for a period of one year.

(d) A store owner who commits fraud against the department of human services by violating § 11-41-34, and who also possesses a license to sell alcoholic beverages under chapter 7 of title 3, shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to title 3.

(e) A store owner who commits fraud against the department of human services by violating § 11-41-34, and who also possesses a license to sell lottery tickets under chapter 61 of title 42, shall be referred to the director of the state lottery for possible disciplinary action.
R.I. Gen. Laws § 40-2-18 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-18
§ 40-2-18. Religious instructors and services.
Status: in_force

The director of the department of human services shall appoint religious instructors who shall conduct religious services at times and at places within institutions under the control of the department, and who shall perform other duties consistent with their office, as may be required of them by the director of human services. The general assembly shall annually appropriate such sum as it may deem necessary to compensate the religious instructors.
R.I. Gen. Laws § 40-2-21 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-21
§ 40-2-21. Reports on schools in institutions  Inspections  Qualifications of teachers.
Status: in_force

The director of the department of human services shall annually make to the department of elementary and secondary education in the month of July, a report of all the schools maintained in the institutions under its control, the report to be in the manner and form as prescribed by law for other educational institutions. The council on elementary and secondary education may visit and inspect the schools and make suggestions to the director of the department of human services for the improvement of them, as it may deem advisable. All teachers employed in the schools shall hold certificates of qualification as required by law of public school teachers.
R.I. Gen. Laws § 40-14-1 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-1
§ 40-14-1. Definitions.
Status: in_force

For the purpose of this chapter, the following terms shall have the following meanings:

(1) Department means the state department of human services.

(2) Director means the director of the department of human services.

(3) Fund means the equipment loan fund for people with disabilities.

(4) Person with a disability means any person who has a physical or mental impairment, whether congenital or resulting from trauma or disease, that substantially limits one or more major life activities.
R.I. Gen. Laws § 40-3-3 — RI Code / Title 40 / Chapter 40-3 / Section 40-3-3
§ 40-3-3. Duties.
Status: in_force

It shall be the duty of the displaced persons committee to expedite the processing of applications for admission to the United States of America and to the state, and to promote the rehabilitation and readjustment of displaced persons entering Rhode Island pursuant to federal law; to stimulate the interest of the community in the rehabilitation problems of displaced persons; to aid in interpreting and publicizing the problems relating to displaced persons; to cooperate with all governmental and private agencies serving displaced persons, to the end that duplication of effort may be avoided; to provide information and advice to displaced persons; and to perform other duties as the committee may, from time to time, determine, with the approval of the governor, to be appropriate and advisable.
R.I. Gen. Laws § 40-11-3.1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-3.1
§ 40-11-3.1. Duty to report death of child due to child abuse or neglect.
Status: in_force

Any person required to report under the provisions of this title, who has reasonable cause to know or suspect that a child has died as a result of child abuse or neglect shall immediately transfer that information to the department or its agent who shall cause the report to be investigated immediately. Upon receipt of the report, the department or its agent shall immediately transfer the information to the local law enforcement agency or the state police as well as to the office of the medical examiner. The office of the medical examiner shall investigate the report and communicate its preliminary findings, orally within seventy-two (72) hours, and in writing within seven (7) working days to the appropriate law enforcement agency, to the department and, if the person who made the report is an employee or a member of the staff of a hospital, to the hospital. The office of the medical examiner shall also communicate its final findings and conclusions, with the basis therefore, to the same parties within sixty (60) days.
R.I. Gen. Laws § 40-6-19 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-19
§ 40-6-19. Complainant in actions to invoke penalties.
Status: in_force

The director of the department, or any person designated by him or her, may be the party complainant to any complaint and warrant brought to invoke the penalties provided for in this chapter, and the party complainant shall be exempt from giving surety for costs in any action.
R.I. Gen. Laws § 40-8-1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-1
§ 40-8-1. Declaration of policy.
Status: repealed

(a) Whereas, in the state of Rhode Island there are many persons who do not have sufficient income and resources to meet the cost of medical care and who, except for income and resource requirements, would be eligible for aid or assistance under § 40-5.1-9 [repealed] or § 40-6-27; and

(b) Whereas, it is in the best interest of all the citizens of this state to promote the welfare of persons with the characteristics of persons eligible to receive public assistance and ensure that they will receive adequate medical care and treatment in time of need;

(c) Now, therefore, it is declared to be the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance under the provisions of § 40-5.1-9 [repealed] or § 40-6-27, and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice. Provided, further, that the medical assistance must qualify for federal financial participation pursuant to the provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as such provisions apply to medically needy only applicants and recipients.

(d) Medical assistance shall be provided under this chapter without regard to the availability of federal financial participation: (1) To a person who does not meet the citizenship or alienage criteria under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and who was lawfully residing in the United States before August 22, 1996, and who was a resident of this state prior to July 1, 1997; and provided, however, that the person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.

(e) Medical assistance shall also be provided under this chapter to a non-citizen child who was lawfully admitted for permanent residence on or after August 22, 1996, or who first becomes otherwise entitled to reside in the United States on or after August 22, 1996; provided, however, that the person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.
R.I. Gen. Laws § 40-6-2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-2
§ 40-6-2. Purpose.
Status: in_force

It is the purpose of this chapter to provide public assistance to residents of the state who are in need and who meet the eligibility requirements of the various programs that constitute public assistance. It shall be the responsibility of the department to provide assistance to residents of Rhode Island found by the department to be eligible for assistance in accordance with this chapter and the rules and regulations lawfully promulgated by the department. In that the state has resources to meet the needs of its residents, the department shall determine, upon application, eligibility for those programs financed in whole or in part by the federal government before providing general public assistance as provided in § 40-6-3.
R.I. Gen. Laws § 40-1-5 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-5
§ 40-1-5. Reorganizations within department.
Status: in_force

Notwithstanding any other provisions of law, any division, bureau, or other unit or agency within the department of human services, however entitled or described, may at any time be reorganized, divided, consolidated, abolished, or otherwise reconstituted by the director of human services with the approval of the governor, as may be desirable for the proper administration and performance of the powers, functions, and duties assigned to the department, and any change shall conform with the requirements of § 40-1-4.
R.I. Gen. Laws § 40-8-6 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-6
§ 40-8-6. Review of application for benefits.
Status: in_force

The director, or someone designated by him or her, shall review each application for benefits filed in accordance with regulations, and shall make a determination of whether the application will be honored and the extent of the benefits to be made available to the applicant, and shall, within thirty (30) days after the filing, notify the applicant, in writing, of the determination. If the application is rejected, the notice to the applicant shall set forth therein the reason therefor. The director may at any time reconsider any determination.
R.I. Gen. Laws § 40-9-2 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-2
§ 40-9-2. General duties of administrator.
Status: repealed

(a) The administrator of services for people who are blind or visually impaired shall devote all of his or her time to the duties of his or her office and keep at his or her office in the state house a register of individuals who are blind or visually impaired in the state, describing their condition, cause of blindness, and capacity for education and industrial training.

(b) The administrator shall, under the direction of the director, generally be charged with:

(1) Maintaining a placement service with the object of determining the fitness of applicants who are blind or visually impaired for work, vocational guidance, and securing occupation when applicants are trained;

(2) Assisting, when called upon by the school-to-careers committee of the governors workforce board, that board in its work for students who are blind or visually impaired and in the application of federal aid;

(3) Assisting the department of elementary and secondary education, when called upon by it, in performing its duties under chapter 25 of title 16 [repealed];

(4) Having general charge of the home teaching of persons who are blind or visually impaired in the state;

(5) Having charge of workshops for the training of persons who are blind or visually impaired and salesrooms for the sale of the products of the blind and visually impaired as the director may, from time to time, establish; and

(6) Performing other duties with respect to his or her office as the director may prescribe.
R.I. Gen. Laws § 40-2-8 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-8
§ 40-2-8. Transfer of abandoned property to general treasurer.
Status: in_force

The director of the department of human services shall order the transfer of abandoned personal property to the state general treasurer.
R.I. Gen. Laws § 40-5-14 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-14
§ 40-5-14. Enforcement of support obligation of kindred.
Status: in_force

The district court at any session thereof in any county where any kindred shall reside, upon the petition of the director of public welfare of any town, or the department of human services of the state through its representative duly appointed for that purpose, who shall have been at any expense for the relief and support of any pauper, may on due hearing, either upon the appearance or default of the kindred, they being summoned as prescribed in § 40-5-15, assess and apportion such sum within the limitation of time prescribed by § 40-5-17 as the court shall judge reasonable therefor, upon such of the kindred as the court shall judge to be of sufficient ability, and according thereto, and may enforce payment thereof by warrant of distress.
R.I. Gen. Laws § 40-14-7 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-7
§ 40-14-7. Interest rates.
Status: in_force

Interest rates for loans from the fund shall be established by the director; provided, however, that those rates shall be substantially lower than the prevailing rate of interest in this state for comparable loans, and shall not exceed five percent (5%). The term of the loan shall not exceed ten (10) years.
R.I. Gen. Laws § 40-11-12.3 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12.3
§ 40-11-12.3. Guardianship subsidy.
Status: in_force

The state may make funds available through the department of children, youth and families for special reimbursement to guardians appointed pursuant to this chapter. These funds will be disbursed in accordance with the guidelines to be promulgated by the department of children, youth and families.
R.I. Gen. Laws § 40-11-17 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-17
§ 40-11-17. Shaken-baby syndrome prevention initiative.
Status: in_force

(a) The department of health shall collaborate with the department of children, youth and families and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from shaken-baby syndrome. The initiative shall include, but not be limited to:

(1) Instituting a patient education program on shaken-baby syndrome prevention for all parents of newborns;

(2) Instituting education and training programs on the prevention and diagnosis of shaken-baby syndrome for other parents, caregivers, physicians, and professionals serving children and families;

(3) Assisting in the development of programs to support and serve victims and families affected by shaken-baby syndrome; and

(4) Conducting surveillance and data collection on the incidence of shaken-baby syndrome and traumatic brain injury in infants and young children.

(b) The department of health shall promulgate all rules and regulations necessary to effectuate the purposes of this section.

(c) The department of health, in collaboration with the department of children, youth and families, shall report annually to the general assembly, the status of the shaken-baby syndrome prevention initiative.
R.I. Gen. Laws § 40-2-6 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-6
§ 40-2-6. Establishment of right to balance paid to treasurer.
Status: in_force

Any person or persons claiming a right to any moneys paid to the general treasurer may establish the right in the same manner as is provided in the case of unclaimed bank deposits in the hands of the general treasurer.
R.I. Gen. Laws § 40-6-14 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-14
§ 40-6-14. Assistance not assignable  Exemption from process.
Status: in_force

Public assistance provided under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
R.I. Gen. Laws § 40-8-11 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-11
§ 40-8-11. Civil action to recover benefits.
Status: in_force

Any sums required to be reimbursed to the state under the provisions of § 40-8-10 and any benefits obtained by false statement or misrepresentation may be collected by civil action. All civil actions shall be instituted in the name of the director, and he or she shall be exempt from giving any surety for costs. In any action, the director may be represented by any qualified attorney whom he or she has designated and employed for this purpose, or, at the directors request, by the attorney general.
R.I. Gen. Laws § 40-5-10 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-10
§ 40-5-10. Complaint as to neglect of pauper.
Status: in_force

Whenever any pauper shall not be suitably cared for by the town to which he or she is chargeable, any person, upon first issuing five (5) days notice to the state director of human services or directors of public welfare of the town of the situation of the pauper, and on continued neglect of the town, may complain in writing to the superior court, setting forth as nearly as may be the nature of the grievance complained of.
R.I. Gen. Laws § 40-6-8 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-8
§ 40-6-8. Supplemental nutrition assistance program (SNAP).
Status: in_force

(a) The department shall have the responsibility to administer the food stamp program for the state in compliance with the provisions of the federal Food Stamp Act of 1964, as amended, 7 U.S.C. § 2011 et seq. The supplemental nutrition assistance program (SNAP) is and shall be the new title of the program formerly known as the food stamp program. All references in the Rhode Island general laws to food stamps shall be deemed to mean, apply to, refer to, and be interpreted in accordance with the supplemental nutrition assistance program (SNAP).

(b) The department is empowered and authorized to submit its plan for food stamps to the federal government, or any agency or department of it, as follows:

(1) The department shall act for the state in any negotiations relative to the submission and approval of a plan, and may make any arrangement or changes in its plan not inconsistent with this chapter that may be required by the Food Stamp Act or the rules and regulations promulgated pursuant to it to obtain and retain such approval and to secure for this state the benefits of the provisions of the federal act relating to food stamps;

(2) The department shall make reports to the federal government, or any agency or department of it, in the form and nature required by it, and in all respects comply with any request or direction of the federal government, or any agency or department of it, that may be necessary to assure the correctness and verification of the reports; and

(3) The department shall develop a plan to streamline the application, certification, and recertification process for SNAP beneficiaries aged sixty (60) years and over.

(c) The department is authorized and directed to pay one hundred percent (100%) of the states share of the administrative cost involved in the operation of the food stamp program.

(d) No person shall be ineligible for food stamp benefits due solely to the restricted eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193), 21 U.S.C. § 862a(a)(2), and as this section may hereafter be amended.

(e) To support a fiscally responsible and high-integrity Supplemental Nutrition Assistance Program (SNAP), the Rhode Island department of human services (DHS), in consultation with the department of administration, shall submit a plan with initial recommendations to reduce the states SNAP Payment Error Rate (PER) to below six percent (6%), due on or before October 1, 2025, as part of the departments annual budget submission.

Starting January 18, 2026, DHS shall report monthly on implementation progress and performance metrics as part of its existing legislative reporting framework. These updates shall be incorporated into DHSs monthly House Oversight RIBridges Report to ensure transparency, minimize administrative burden, and align progress tracking with the states fiscal and policy planning cycles. Updates will include: timeliness and accuracy indicators; status of technology modernization efforts; staff training and readiness metrics; and the status of customer service enhancements and any correspondence with the federal government related to Supplemental Nutrition Assistance Program payment error rates and/or penalties.
R.I. Gen. Laws § 40-15-6 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-6
§ 40-15-6. Interstate agreements.
Status: in_force

The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of article V of the Interstate Compact on the Placement of Children. Any agreement that contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the director of administration.
R.I. Gen. Laws § 40-11-18 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-18
§ 40-11-18. Childrens advocacy centers  Services  Requirements.
Status: in_force

(a) Childrens advocacy centers shall provide the following services to children in Rhode Island:

(1) Operation of a child-appropriate or child-friendly facility that provides a comfortable, private setting that is both physically and psychologically safe for clients;

(2) Participation in a multidisciplinary team for response to child abuse allegations;

(3) Operation of a legal entity responsible for program and fiscal operations that has established and implemented basic sound administrative practices;

(4) Promotion of policies, practices, and procedures that are culturally competent and diverse;

(5) Conduct forensic interviews in a manner that is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing;

(6) Provide specialized medical evaluation and treatment made available to clients as part of the team response, either at the CAC or through coordination and referral with other specialized medical providers;

(7) Offer therapeutic intervention through specialized mental health services made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers;

(8) Offer victim support and advocacy as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings;

(9) Conduct team discussions and provide information sharing regarding the investigation, case status, and services needed by the child and family are to occur on a routine basis;

(10) Develop and implement a system for monitoring case progress and tracking case outcomes for team components; and

(11) Shall establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location.

(b) As used in this section, cultural competency means the capacity to function in more than one culture, requiring the ability to appreciate, understand, and interact with members of diverse populations within the local community.
R.I. Gen. Laws § 40-11-6.1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-6.1
§ 40-11-6.1. Penalty for failure to report or perform required act.
Status: in_force

Any person, official, physician, or institution required by this chapter to report known or suspected child abuse or neglect or to perform any other act who knowingly fails to do so or who knowingly prevents any person acting reasonably from doing so shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than one year or both. In addition, any person, official, physician, or institution who knowingly fails to perform any act required by this chapter or who knowingly prevents another person from performing a required act shall be civilly liable for the damages proximately caused by that failure.
R.I. Gen. Laws § 40-4-1 — RI Code / Title 40 / Chapter 40-4 / Section 40-4-1
§ 40-4-1. Designation of directors.
Status: in_force

The directors of public aid of the several cities and towns shall hereafter be known as directors of public welfare, and wherever in any general law, public law, or resolution of the general assembly, or in any document, record, instrument, or proceeding authorized by any law or resolution, unless the context or subject matter otherwise requires, the words director of public aid or the words directors of public aid, or any reference to the director of public aid appear, the words or reference shall be construed to mean director of public welfare or directors of public welfare as the case may be.
R.I. Gen. Laws § 40-7-2 — RI Code / Title 40 / Chapter 40-7 / Section 40-7-2
§ 40-7-2. Compact administrator.
Status: in_force

The compact administrator provided in article V of the compact shall be the director of the department of human services.
R.I. Gen. Laws § 40-2-22 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-22
§ 40-2-22. Departmental seal.
Status: in_force

The department shall have a seal that shall have engraved thereon the words department of human services, state of Rhode Island, and the seal shall be affixed to all written contracts that the department is authorized and directed to make under the provisions of this chapter, and the contracts shall be signed by the director of the department. The seal shall also be affixed to other orders and papers issued by the department as the department may by rule or order direct.
R.I. Gen. Laws § 40-2-2 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-2
§ 40-2-2. Support of families of residents.
Status: in_force

The director of human services may contribute to the support of the destitute family of any adult resident of this state, committed to any one of the state institutions under his or her supervision, whenever he or she is satisfied that the destitution has resulted from the commitment; provided, the contributions shall not continue beyond the period of commitment. The general assembly shall annually appropriate such sum as it may deem necessary for the payment of contributions, and the state controller shall draw his or her order or orders upon the general treasurer for the payment of the sum, or so much thereof as may be necessary for such purpose, upon the receipt by him or her of proper vouchers signed by the director.
R.I. Gen. Laws § 40-8-32 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-32
§ 40-8-32. Support for certain patients of nursing facilities.
Status: in_force

(a) Definitions. For purposes of this section:

(1) Applied income shall mean the amount of income a Medicaid beneficiary is required to contribute to the cost of his or her care.

(2) Authorized individual shall mean a person who has authority over the income of a patient of a nursing facility, such as a person who has been given or has otherwise obtained authority over a patients bank account; has been named as or has rights as a joint account holder; or is a fiduciary as defined below.

(3) Costs of care shall mean the costs of providing care to a patient of a nursing facility, including nursing care, personal care, meals, transportation, and any other costs, charges, and expenses incurred by a nursing facility in providing care to a patient. Costs of care shall not exceed the customary rate the nursing facility charges to a patient who pays for his or her care directly rather than through a governmental or other third-party payor.

(4) Fiduciary shall mean a person to whom power or property has been formally entrusted for the benefit of another, such as an attorney-in-fact, legal guardian, trustee, or representative payee.

(5) Nursing facility shall mean a nursing facility licensed under chapter 17 of title 23, that is a participating provider in the Rhode Island Medicaid program.

(6) Penalty period means the period of Medicaid ineligibility imposed pursuant to 42 U.S.C. §1396p(c), as amended from time to time, on a person whose assets have been transferred for less than fair market value.

(7) Uncompensated care  Care and services provided by a nursing facility to a Medicaid applicant without receiving compensation therefore from Medicaid, Medicare, the Medicaid applicant, or other source. The acceptance of any payment representing actual or estimated applied income shall not disqualify the care and services provided from qualifying as uncompensated care.

(b) Penalty period resulting from transfer. Any transfer or assignment of assets resulting in the establishment or imposition of a penalty period shall create a debt that shall be due and owing to a nursing facility for the unpaid costs of care provided during the penalty period to a patient of that facility who has been subject to the penalty period. The amount of the debt established shall not exceed the fair market value of the transferred assets at the time of transfer that are the subject of the penalty period. A nursing facility may bring an action to collect a debt for the unpaid costs of care given to a patient who has been subject to a penalty period, against either the transferor or the transferee, or both. The provisions of this section shall not affect other rights or remedies of the parties.

(c) Applied income. A nursing facility may provide written notice to a patient who is a Medicaid recipient and any authorized individual of that patient:

(1) Of the amount of applied income due;

(2) Of the recipients legal obligation to pay the applied income to the nursing facility; and

(3) That the recipients failure to pay applied income due to a nursing facility not later than thirty (30) days after receiving notice from the nursing facility may result in a court action to recover the amount of applied income due.

A nursing facility that is owed applied income may, in addition to any other remedies authorized under law, bring a claim to recover the applied income against a patient and any authorized individual. If a court of competent jurisdiction determines, based upon clear and convincing evidence, that a defendant willfully failed to pay or withheld applied income due and owing to a nursing facility for more than thirty (30) days after receiving notice pursuant to subsection (c), the court may award the amount of the debt owed, court costs, and reasonable attorneys fees to the nursing facility.

(d) Effects. Nothing contained in this section shall prohibit or otherwise diminish any other causes of action possessed by any such nursing facility. The death of the person receiving nursing facility care shall not nullify or otherwise affect the liability of the person or persons charged with the costs of care rendered or the applied income amount as referenced in this section.
R.I. Gen. Laws § 40-8-4.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-4.1
§ 40-8-4.1. Lowest price.
Status: in_force

(a) Notwithstanding any provision of law to the contrary, no medical assistance provider shall bill or charge the department of human services more than the providers usual and customary charge, as defined within.

(b) The term usual and customary means the lowest charge, fee, or rate charged by a provider for any product or service at the time the product or service was provided. For the purpose of determining the lowest charge, fee, or rate:

(1) If the provider offers discounts or rebates, the amount after applying discounts or rebates shall be utilized;

(2) If the provider offers a sale for a limited period of time on any good or service, the sale price shall be utilized during the sale period;

(3) If the provider regularly accepts less than its full charge from any customer, that amount accepted shall be utilized;

(4) If any good or service is offered free of charge by the provider, no charge shall be made to the department for the provision of the product or service to the department or a client of the department who satisfies the terms of the offer;

(5) If any good or service is covered under any warranty or guarantee offered by the provider, the amount charged to the department shall not exceed the amount that would otherwise be payable solely by the customer; and

(6) If a provider structures or packages its goods or services in a manner that is exclusively or primarily used for Medicaid, Medicare, or other third-party payors, the charge for the most similar good or service offered to any other consumer shall be utilized.

(c) The following items shall not be utilized in determining the usual and customary or lowest charge, fee, or rate:

(1) Discounts offered solely to bona fide employees or family members of employees;

(2) Discounts offered solely on the basis of age shall be utilized in determining the usual and customary charge only when the client of the department satisfies the age requirement;

(3) Free goods or services or discounts provided to a limited number of persons on the basis of financial hardship;

(4) Charges by an organization on a sliding-fee scale for a good or service where the organizations charge is based on ability to pay;

(5) Charges not collected as a result of bad debts incurred by the provider. A bad debt exists where sound business judgment indicates that there is no reasonable likelihood of recovery of the amount owed; and

(6) Charges for educational-related services governed by 42 U.S.C. § 1396b(c).

(d) The department may waive the application of this section if the department determines the action is necessary to ensure a continuum of care and service to persons served by community mental health centers, or to avert serious economic hardships to mental health centers.
R.I. Gen. Laws § 40-2-23 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-23
§ 40-2-23. Annual report to general assembly.
Status: in_force

(a) The director shall make an annual report to the general assembly during the month of January, setting forth:

(1) The condition and needs of the several institutions under his or her control; the number of inmates in each institution; and an abstract of all reports received from officers incident to the performance of their duties.

(2) A complete financial statement of the several institutions, together with estimates of the amounts required for the ensuing year, for salaries and pay, for construction and repairs, and for all other expenses of maintenance.

(3) Information and recommendations as to the director may seem proper for the efficient administration and development of the several institutions, and for promoting the physical, mental, and moral welfare of the inmates thereof, and for measures whereby the number of prospective inmates may be decreased and the number of past inmates kept from returning may be increased, and for any additional legislation needed for these purposes.

(4) Other information or recommendations as may be requested by the governor or by the general assembly.

(b) The annual report shall be made a matter of public record.
R.I. Gen. Laws § 40-8-21 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-21
§ 40-8-21. Appeals process.
Status: in_force

(a) Any provider that is not in agreement, after being provided an exit-audit conference or rate-appeal conference, with a final rate of reimbursement assigned as a result of an audit for its base year, or with the application of the principles of reimbursement for an applicable year, may within fifteen (15) days from the date of notification of audit results or rate assignment, file a written request with the department for a review of the computation of the assigned rate. The foregoing right of appeal shall also apply to demonstrated errors made during the rate determination process.

(b) A review conference will be conducted within fifteen (15) days from the date of receipt of the written request by a designee assigned by the director of the department of human services. As a result of the review conference, the designee may modify the audit adjustments and/or the rate of reimbursement. The designee shall provide the facility with a written decision within thirty (30) days from the date of the review conference.

(c) Appeals beyond the review conference shall be in accordance with the provisions of chapter 35 of title 42. The facility shall file a written request for the hearing no later than fifteen (15) days after receipt of the review conference decision.
R.I. Gen. Laws § 40-15-10 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-10
§ 40-15-10. Executive head defined.
Status: in_force

As used in article VII of the Interstate Compact on the Placement of Children, the term executive head means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of article VII.
R.I. Gen. Laws § 40-8-3.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-3.1
§ 40-8-3.1. Life estate in property  Retained powers.
Status: reserved

When an applicant or recipient of Medicaid owns a life estate in property that is his or her principal place of residence with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the remainder interest, the principal place of residence shall not be regarded as an excluded resource for the purpose of Medicaid eligibility, unless the applicant or recipient individually, or through his or her guardian, conservator, or attorney in fact, conveys all outstanding remainder interest to him or herself.

An applicant or recipient who, by a deed created, executed and recorded on or before June 30, 2014, has reserved a life estate in property that is his or her principal place of residence with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the remainder interest, shall not be ineligible for Medicaid on the basis of the deed, regardless of whether the transferee of the remainder interest is a person or persons, trust, or entity.
R.I. Gen. Laws § 40-18-1 — RI Code / Title 40 / Chapter 40-18 / Section 40-18-1
§ 40-18-1. Purpose.
Status: in_force

(a) The director of the department of human services, in addition to the medical assistance benefits provided in chapter 8 of this title, shall maintain and coordinate a program of long-term home health care. The purpose of the program of long-term home health care is to provide in-hospital eligible patients, who would be discharged to a skilled nursing facility and/or an intermediate-care facility, with a viable alternative to placement in a skilled nursing facility and/or intermediate-care facility. The director shall utilize a federally approved home- and community-based service waiver to provide a viable alternative. The hereinafter listed services shall be an integral part of the viable alternative.

(b) In addition, the director of the department of human services shall utilize any and all other available departmental resources and community resources to enhance and expand the provision of long-term home health care as the viable alternative to placement in a skilled nursing facility and/or an intermediate-care facility. These resources shall be used to strengthen and expand home- and community-based long-term-care services, which will help people stay at home for care when this is an appropriate alternative to nursing facility care.

(c) In furtherance of subsections (a) and (b) above, the department of human services is authorized and directed to seek any waiver(s) required by the United States Department of Health and Human Services in accordance with otherwise applicable requirements of Title XIX of the federal Social Security Act to establish an enhancement of the program for the provision of adult daycare services and home-based services. The department of human services is directed to seek the waiver(s) in order to claim federal financial participation for the services that shall be provided to residents of the state who are deemed to be in need of adult daycare services and/or home-based services and whose incomes are no greater than two hundred fifty percent (250%) of the federal poverty level.

(d) Upon receipt of the waiver approval(s) referred to in subsection (c) above from the United States Department of Health and Human Services, the department of human services shall file with the house and senate finance committees a report of the terms and conditions of these approved waiver(s) together with a detailed plan for the implementation of them within the aggregate general revenue appropriations for adult daycare and home-based services benefits and administrative costs provided for in the enacted budget for state fiscal year 2003; and, provided further, that any reallocations of these general revenue appropriations between or among departments and/or appropriation line items necessary to implement the approved waiver(s), and/or adjustments to federal revenue appropriations consistent with these waiver approval(s), shall be submitted to the general assembly by the governor in the supplemental appropriations act for state fiscal year 2003 in accordance with § 35-3-8.
R.I. Gen. Laws § 40-6-7.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-7.2
§ 40-6-7.2. Presumptive eligibility for pregnant women.
Status: in_force

With respect to pregnant women, the state hereby adopts the optional presumptive-eligibility program set forth in amendments to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq. The department of human services is hereby directed to prepare the necessary forms and give the necessary training to providers of prenatal care to enable the providers to participate in the presumptive-eligibility program pursuant to the above-referenced federal laws. The director of the department of human services is authorized to promulgate such regulations as may be necessary to implement the presumptive-eligibility program.
R.I. Gen. Laws § 40-14-3 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-3
§ 40-14-3. Purpose of fund.
Status: in_force

The fund shall provide loans to finance the purchase or replacement of essential equipment used by persons with disabilities for daily living or vocational functioning, including, but not limited to, prostheses, ramps, wheelchairs, wheelchair van lifts, and devices enabling persons with vision impairment to utilize printed materials.
R.I. Gen. Laws § 40-9-15 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-15
§ 40-9-15. Reports of blindness of persons.
Status: in_force

(a) Whenever, upon examination at a clinic, hospital, or other institution, or elsewhere, by a physician, optometrist or other person, the visual acuity of any person is found to be twenty/two hundred (20/200) or less in the better eye with the best correction, or the visual acuity is better than twenty/two hundred (20/200) if the widest diameter of the field of vision subtends an angle no greater than twenty (20) degrees, the superintendent or other person in charge of the clinic, hospital, or other institution, or the physician, optometrist, or other person who conducted or was in charge of the examination if it took place elsewhere than in the clinic, hospital, or other institution, shall, within thirty (30) days, report to the director of the department of human services the result of the examination, and that the blindness of the person examined has been established.

(b) Any state, city, and town agencies administering benefits to the blind or visually impaired by way of tax exemptions, welfare payments, or otherwise, shall report the names of the persons to the administrator of the division of motor vehicles for the purpose of evaluation by the medical advisory board within the division of motor vehicles as to the fitness of the persons to safely operate motor vehicles upon the highways of this state.
R.I. Gen. Laws § 40-5-3 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-3
§ 40-5-3. Manner of support of poor.
Status: in_force

The directors of public welfare shall see that poor and indigent persons in their respective towns are suitably relieved, supported, and employed, either in the workhouse or in other tenements belonging to towns, or in such other way and manner as the inhabitants of the respective towns at any legal meeting shall direct, or otherwise at the discretion of the directors. They may also afford temporary relief to other poor and indigent persons at the cost of the town.
R.I. Gen. Laws § 40-9-11.2 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.2
§ 40-9-11.2. Validity of limitations on placement or operation.
Status: in_force

Any limitation on the placement or operation of a vending facility based on a finding that the placement or operation would adversely affect the interests of the state shall be fully justified, in writing, to the director of administration, who shall determine whether the limitation is justified. A determination made by the director of administration pursuant to this provision shall be binding on any department, agency, or instrumentality of the state so affected by the determination.
R.I. Gen. Laws § 40-1-4.1 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-4.1
§ 40-1-4.1. Name change.
Status: in_force

The department of social and rehabilitative services is hereby renamed the department of human services. Whenever in the general or public laws there appears any reference to the department of social and rehabilitative services, the reference shall be construed to refer to the department of human services.
R.I. Gen. Laws § 40-21-3 — RI Code / Title 40 / Chapter 40-21 / Section 40-21-3
§ 40-21-3. Preferred drug list.
Status: in_force

(a) If a patients healthcare provider prescribes a prescription drug that is not on the preferred drug list, the prescriber shall consult with the program to confirm that, in his or her reasonable professional judgment, the patients clinical condition is consistent with the criteria for approval of the nonpreferred drug. Such criteria shall include:

(1) The preferred drug has been tried by the patient and has failed to produce the desired health outcomes;

(2) The patient has tried the preferred drug and has experienced unacceptable side effects;

(3) The patient has been stabilized on a nonpreferred drug and transition to the preferred drug would be medically contraindicated; or

(4) Other clinical indications identified by the committee for the patients use of the nonpreferred drug, which shall include consideration of the medical needs of special populations, including children, elderly, chronically ill, persons with mental health conditions, and persons affected by HIV/AIDS.

(b) In the event that the patient does not meet the criteria in subsection (a), the prescriber may provide additional information to the program to justify the use of a prescription drug that is not on the preferred drug list. The program shall provide a reasonable opportunity for a prescriber to reasonably present his or her justification of prior authorization. If, after consultation with the program, the prescriber, in his or her reasonable professional judgment, determines that the use of a prescription drug that is not on the preferred drug list is warranted, the prescribers determination shall be final.
R.I. Gen. Laws § 40-5-13 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-13
§ 40-5-13. Obligation of kindred for support.
Status: in_force

(a) The kindred of any poor person, if any he or she shall have in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, or children by adoption, living within this state and of sufficient ability, shall be holden to support the pauper in proportion to their ability.

(b) The uncompensated costs of care provided by a licensed nursing facility to any person may be recovered by the nursing facility from any person who is obligated to provide support to that patient under subsection (a) hereof, to the extent that the individual so obligated received a transfer of any interests or assets from the patient receiving such care, which transfer resulted in a period of Medicaid ineligibility imposed pursuant to 42 U.S.C. §1396p(c), as amended from time to time, on a person whose assets have been transferred for less than fair market value.

Recourse hereunder shall be limited to the fair market value of the interests or assets transferred at the time of transfer. For the purposes of this section the costs of care shall mean the costs of providing care, including nursing care, personal care, meals, transportation and any other costs, charges, and expenses incurred by the facility. Costs of care shall not exceed the customary rate the nursing facility charges to a patient who pays for his or her care directly rather than through a governmental or other third party payor. Nothing contained in this section shall prohibit or otherwise diminish any other causes of action possessed by any such nursing facility. The death of the person receiving nursing facility care shall not nullify or otherwise affect the liability of the person or persons charged with the costs of care hereunder.
R.I. Gen. Laws § 40-6-6 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-6
§ 40-6-6. Authorization to pay assistance.
Status: in_force

Authorization to pay all forms of assistance specified in this chapter shall be made by representatives of the department, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for payments upon receipt by him or her of proper vouchers approved by the department.
R.I. Gen. Laws § 40-6-22 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-22
§ 40-6-22. Disclosure of information  Penalty.
Status: in_force

(a) For purposes of this section, a financial institution means a bank, savings bank, national bank, trust company, building and loan association, loan and investment company, credit union, safe deposit company, any person or corporation registered to sell securities under the provisions of chapter 11 of title 7, or federal savings and loan institution authorized to do business under the laws of this state.

(b) A financial institution, upon written request or upon request made by computer file on magnetic tape, signed or submitted by an authorized employee of the department of human services, shall inform the department of the amount deposited in the financial institution to the credit of a person named in, or otherwise identified in, the request as an applicant for, or recipient of, public assistance under this chapter or chapter 8 of this title. Upon the request, the financial institution shall provide the requested deposit information, in writing or by computer file on magnetic tape, to the department of human services within sixty (60) days from the receipt of the request. The department shall not submit its information request by computer file on magnetic tape to a financial institution that does not maintain deposit information on computer files, and the financial institution shall not be required to provide deposit information by computer file on magnetic tape.

(c) A financial institution shall be subject to a penalty of one hundred dollars ($100) for each willful failure to provide the department with the requested information. The department may recover the penalty by civil action in any court of competent jurisdiction.

(d) The department of human services may disclose information obtained pursuant to this section to an agency or department of another state administering a public assistance program, provided that the department of human services has executed a reciprocal agreement with the agency or department for the reciprocal disclosure of deposit information.
R.I. Gen. Laws § 40-2-19 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-19
§ 40-2-19. Tenure of officers  Duties  Time devoted to duty  Holding other offices  Sales to state  Bond.
Status: in_force

All officers appointed by the director under this chapter shall hold their respective offices during his or her pleasure, and may be removed and their successors appointed by the director at any time. In addition to the duties prescribed for the officers by law, they shall perform other duties as the director may, from time to time, require not inconsistent with law, and the officers shall make reports and keep records as the director may, from time to time, require in addition to the records and reports that the officers may be required to keep and make by any other provision of law. The officers, except those named in §§ 40-2-13  40-2-18, shall give their entire time to the duties of their respective offices, and shall not hold any other state office except that of notary public or any other position of pay or profit in the service of the state, and shall not furnish for pay or profit any materials, merchandise, or supplies to the state. The director may require any of the officers to give bond to the state for the faithful performance of their duties in a sum and with surety as to the director may seem advisable.
R.I. Gen. Laws § 40-11-3.3 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-3.3
§ 40-11-3.3. Duty to report  Sexual abuse of a child in an educational program.
Status: in_force

(a) Any person who has reasonable cause to know or suspect that any child has been the victim of sexual abuse by an employee, agent, contractor, or volunteer of an educational program as defined in § 40-11-2 shall, within twenty-four (24) hours, transfer that information to the department of children, youth and families, or its agent; provided, however, that if the person mandated to report is an employee, agent, contractor, or volunteer of an educational program as defined in § 40-11-2, they shall immediately notify the principal, headmaster, executive director, or other person in charge of the educational program, or his or her designated agent. The principal, headmaster, executive director, or other person in charge of the educational program, or his or her designated agent, shall be responsible for all subsequent notification to the department of children, youth and families, or its agent in the manner required by this section. In the case of a public educational program, the principal, headmaster, executive director, or other person in charge of the educational program, or his or her designated agent, shall also notify the superintendent of the public educational program. Any transferred information shall include the name, title, and contact information for every employee, agent, contractor, or volunteer of the educational program who is believed to have direct knowledge of the allegation. Nothing in this section is intended to require more than one report from any educational program for a specific incident.

(b) In order to provide guidance and consistency in reporting, the commissioner of elementary and secondary education shall promulgate policies and procedures for the creation and handling of reports made by the principal, headmaster, executive director, or other person in charge of the educational program, or his or her designated agent in order to carry out the intent of this section.

(c) The department of children, youth and families, or its agent shall immediately forward the report to state police and local law enforcement, and shall initiate an investigation of the allegations of sexual abuse if it determines that the report meets the criteria for a child protective services investigation. As a result of those reports and referrals, the department shall refer those children to appropriate services and support systems in order to provide for their health and welfare. In the event the department substantiates the allegations of sexual abuse against an employee, agent, contractor, or volunteer of an educational program, the department shall immediately notify the state police; the local law enforcement agency; the department of education; the educational program; the person who is the subject of the investigation; and the parent, or parents, of the child who is alleged to be the victim of the sexual abuse of the departments findings.

(d) The director of the department of children, youth and families is authorized to promulgate rules and regulations pertaining to the investigation of the allegation of sexual abuse in order to carry out the intent of this section.

(e) For purposes of this section, reasonable cause to know or suspect means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on the persons training and experience, to suspect child abuse. Reasonable cause to know or suspect does not require certainty that child sexual abuse has occurred nor does it require a specific medical indication of child sexual abuse; any reasonable cause to know or suspect is sufficient.
R.I. Gen. Laws § 40-2-9 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-9
§ 40-2-9. Description of abandoned property transferred.
Status: in_force

The director shall, upon ordering transfer of the abandoned personal property, cause to be forwarded to the state general treasurer a list or declaration setting forth the name of each discharged or deceased patient or inmate and a description of each article of personal property abandoned as described in § 40-2-7.
R.I. Gen. Laws § 40-9-11.5 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.5
§ 40-9-11.5. Vending machine income.
Status: in_force

Vending machine income obtained from the operation of vending machines on state property shall accrue: (1) To the licensee who is blind or visually impaired operating a vending facility on state property, or (2) In the event there is no licensee who is blind or visually impaired operating the facility on state property, to the state services for people who are blind or visually impaired for use in the support of the administration of the business enterprises, vending facilities program.
R.I. Gen. Laws § 40-11-4 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-4
§ 40-11-4. Immunity from liability.
Status: in_force

Any person participating in good faith in making a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.
R.I. Gen. Laws § 40-6-8.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-8.2
§ 40-6-8.2. Establishment of retail SNAP incentives pilot program.
Status: in_force

(a) There shall be established a retail supplemental nutrition assistance program (SNAP) incentives pilot program to be administered by the department of human services. Funds appropriated for the program shall be expended first for the implementation and administration of the retail SNAP incentives program to promote healthy food access and nutrition among Rhode Island SNAP recipients.

(1) SNAP households will receive fifty cents ($0.50) credit on their electronic benefit transfer (EBT) card for each one dollar ($1.00) spent on eligible fruits and vegetables at participating retailers, up to a monthly limit as determined by the department.

(2) This pilot program shall take effect on January 1, 2023, and operate until appropriated funds are expended.

(b) The department of human services shall promulgate rules, regulations, and procedures necessary for the implementation of this section including, but not limited to the following:

(1) Eligibility for pilot participation;

(2) Purchases eligible to earn incentive payments;

(3) Monthly incentive limits that may be earned by participating households; and

(4) Eligible uses of earned incentive payments.

(c) The department shall report to the speaker of the house, president of the senate, and chairpersons of the house and senate finance committees regarding the amount of credits issued pursuant to this section and administrative expenses, no later than February 15, 2024.
R.I. Gen. Laws § 40-6-27.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-27.2
§ 40-6-27.2. Supplementary cash assistance payment for certain Supplemental Security Income recipients.
Status: in_force

There is hereby established a $206 monthly payment for disabled and elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance payment for an individual in a state-licensed assisted-living residence under § 40-6-27 and further reside in an assisted-living facility that is not eligible to receive funding under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.
R.I. Gen. Laws § 40-11-12.5 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12.5
§ 40-11-12.5. Review of young adults under the courts legal supervision and receiving care and placement services from DCYF.
Status: in_force

(a) In the case of a young adult, between the ages of eighteen (18) and twenty-one (21), who has executed a voluntary placement agreement for continued care and placement responsibility from the department and for legal supervision of the court, the permanency plan shall document the reasonable efforts made by the department and the young adult to finalize a permanency plan that addresses the goal of preparing the young adult for independence and successful adulthood. This includes, but is not limited to, housing assistance to obtain supervised independent living arrangements, shared living arrangements or extended foster and kinship care; education, vocational assessment, job training and employment plan needed to transition the young adult to self-sufficiency; assisting the young adult in obtaining educational goals; a job, employment/vocational skills; any other services and supports that will assist the young adult in accessing available services; applying for public benefits; acquiring important documents, such as ID card, drivers license, birth certificate, social security card, health insurance cards, medical records; attending to physical and mental health needs; maintaining relationships with individuals who are important to them and acquiring information about siblings and other maternal and paternal relatives.

(b) Initial judicial determination  The department must petition the court to make a determination whether remaining in foster care is in the young adults best interests.

The court must make a determination within one hundred eighty (180) days of the signing of the voluntary placement agreement whether remaining in foster care is in the young adults best interest.

(c) The court shall conduct a permanency hearing within one year after the young adult and the department execute a voluntary placement agreement and annually thereafter. At the permanency hearing, the department shall present a written case plan to the court for approval that details the necessary services, care and placement the young adult shall receive to assist the transition to independence and successful adulthood.

The court must determine whether the department has made reasonable efforts to finalize a permanency goal of preparing the young adult for successful transition to independence.

(d) Notice of the court hearings shall be served by the department upon all parties in interest in accordance with the rules of child welfare procedure of the family court.

(e) Periodic formal reviews, shall be held not less than once every one hundred eighty (180) days to assess the progress and case plan of any young adult under the courts legal supervision and under the care and placement responsibility of DCYF pursuant to a voluntary agreement for extension of care.

The permanency plan shall be reviewed by the court at least once every twelve (12) months at a permanency hearing and by the department in an administrative review within one hundred eighty (180) days after the permanency hearing. The young adult is expected to participate in case planning and periodic reviews.
R.I. Gen. Laws § 40-1-11 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-11
§ 40-1-11. Displaced homemakers center.
Status: in_force

There is hereby established within the department of human services a displaced homemakers center.
R.I. Gen. Laws § 40-11-8 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-8
§ 40-11-8. Injury control unit.
Status: in_force

The department shall establish a statewide injury-control unit to make possible more intensive protective services to high-risk families with children, and close coordination with a variety of community groups, medical facilities, and medical groups to ensure early detection and reporting of known or suspected abuse to protect the physical and mental well-being of children.
R.I. Gen. Laws § 40-9-11.1 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.1
§ 40-9-11.1. Authorization to establish vending facilities for the blind on state property.
Status: in_force

(a) For the purposes of providing persons who are blind or visually impaired with remunerative employment, enlarging the economic opportunities people who are blind or visually impaired, and stimulating people who are blind or visually impaired to greater efforts in striving to make themselves self-supporting, persons who are blind or visually impaired licensed under the provisions of this chapter shall be authorized to operate vending facilities on any state property.

(b) In authorizing the operation of vending facilities on state property, priority shall be given to persons who are blind or visually impaired licensed by the department of human services administering state services for people who are blind or visually impaired as provided in the Randolph-Sheppard Act, Pub. L. No. 74-732, as amended by Pub. L. No. 83-565 and Pub. L. No. 93-516, 20 U.S.C. § 107 et seq. The director of human services shall, after consultation with the director of administration and other heads of departments, agencies, or instrumentalities of the state in control of the maintenance, operation, and protection of state property; prescribe regulations designed to assure that:

(1) The priority under this section is given to licensed persons who are blind or visually impaired (including the assignment of vending machine income pursuant to § 40-9-11.5 to achieve and protect such priority); and

(2) Wherever feasible, one or more vending facilities are established on all state property to the extent that any facility or facilities would not adversely affect the interest of the state.
R.I. Gen. Laws § 40-2-17 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-17
§ 40-2-17. Powers as to health of residents.
Status: in_force

In carrying out the provisions of §§ 40-2-12  40-2-16, the department is hereby vested with full powers of inspection, examination, isolation, and disinfection of all inmates, prisoners, patients, or pupils in any of the institutions, and the powers may be delegated to, and exercised by, any attending physician at any of the institutions or by another physician as the director of the department may from time to time designate.
R.I. Gen. Laws § 40-2-24 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-24
§ 40-2-24. Prohibition against duplication of keys.
Status: in_force

Every key for maximum security units of the several institutions under the control of the department of human services shall contain embossed thereon the state seal with the words do not duplicate, and whoever reproduces or causes to be reproduced any key without a written order from the director of human services shall be guilty of a misdemeanor.
R.I. Gen. Laws § 40-8-13.3 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-13.3
§ 40-8-13.3. Payment for services provided by in-state and out-of-state hospitals.
Status: repealed

The department of human services and/or the secretary of the executive office of health and human services is hereby authorized and directed to amend its rules and regulations and amend the Rhode Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., in order to provide for payment to hospitals for services provided to eligible recipients in accordance with this chapter. The amended rules and regulations will continue to recognize the importance, impact, and cost of the graduate medical education and training programs supported by the hospitals in Rhode Island. The provisions of this section shall be effective upon the promulgation of the amendments and new payment methodology pursuant to this section and § 40-8-13.4, on July 1, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15 and 27-19-16 shall be repealed in their entirety.
R.I. Gen. Laws § 40-1-6 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-6
§ 40-1-6. Officers required to be veterans.
Status: in_force

The respective officers appointed by the director of human services to be in charge of the states administration of veterans relief, of graves registration, and the commandant and the assistant commandant of the Rhode Island veterans home, in addition to any other qualifications required for their respective positions as already provided in law, shall each be an honorably discharged war veteran of any war in which the United States has been engaged.
R.I. Gen. Laws § 40-1-14 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-14
§ 40-1-14. Powers and scope of activities.
Status: in_force

(a) In order to enable the displaced homemaker to contribute to society and maintain independence and economic security, the director shall establish a multipurpose service center for displaced homemakers. The director may make a grant to a nonprofit agency or organization to carry out the various programs.

(b) The center shall develop, by working with federal, state and local governmental agencies, private employers, and charitable or nonprofit agencies, job counseling and placement services specifically designed for displaced homemakers, which services shall:

(1) Counsel displaced homemakers with respect to appropriate job opportunities;

(2) Identify community needs and endeavor to develop and to create new jobs for displaced homemakers in the private and public sector;

(3) Provide displaced homemakers with the necessary counseling, training, skills, and referral services to become gainfully employed and independent;

(4) Develop plans to include more displaced homemakers in existing training and placement programs;

(5) Refer displaced homemakers to agencies that may provide information and assistance with respect to health care, financial matters, education, nutrition, and legal problems; and

(6) Take into account and build upon the skills and experiences of the displaced homemaker.

(c) The center shall develop an outreach program with a special emphasis directed toward reaching displaced homemakers in their middle years.
R.I. Gen. Laws § 40-6-13 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-13
§ 40-6-13. Appeals  Hearings.
Status: in_force

(a) Any applicant or recipient aggrieved because of a decision by the department or delay in making a decision shall be entitled to an appeal and shall be afforded reasonable notice and opportunity for a hearing. Hearings with respect to public assistance shall be conducted by the department.

(b) With respect to general public assistance benefits, advance notice of the departments intended action to deny, terminate, reduce, or suspend benefits shall be in writing and mailed to an applicant or recipient at his or her last known or designated address at least ten (10) day(s) prior to the effective date of its intended action; the recipient shall be afforded an administrative hearing to contest the departments intended action; provided, that the applicant or recipient makes a written request for a hearing and provided that the written request is received by the department within ten (10) days of the mailing date of the departments notice to the applicant or recipient; and provided further, that the department shall continue payment of general public-assistance benefits, pending a hearing, to a recipient who includes a written request for continuation of benefits in or with the recipients timely filed written request for a hearing in accordance with this subsection.
R.I. Gen. Laws § 40-8-20.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-20.1
§ 40-8-20.1. Prospective rate increments.
Status: in_force

The department may consider the granting of a prospective rate that reflects demonstrated cost increases in excess of the rate that has been established by the application of the percentage increase. In order to qualify for the rate increment, demonstrated increased costs must be the result of:

(1) Demonstrated errors made during the rate-determination process;

(2) Significant increases in operating costs resulting from the implementation of new or additional programs, services, or staff specifically mandated by the Rhode Island department of health;

(3) Significant increases in operating costs resulting from capital renovations, expansion, or replacement required for compliance with fire safety codes and/or certification requirements of the Rhode Island department of health, as well as increased energy costs that the facility can demonstrate are a result of the facility having expended funds for heating, lighting, hot water, and similar costs associated with the consumption of energy provided by public utilities;

(4) Significant increases in workers compensation and/or health insurance premiums that cannot be accommodated within the nursing facilitys assigned aggregate per diem rate, if cost justified; provided, that the assigned per diem rate in the labor- and payroll-related-expenses cost center does not exceed two percent (2%) of the cost center ceiling; or

(5) Extraordinary circumstances, including, but not limited to, acts of God, and inordinate increases in energy costs (e.g., federal BTU tax, regional or national energy crisis). Inordinate increases in energy costs will be immediately reflected in increased rates above the energy cost center ceiling maximum. Provided, however, that the increases will be rescinded immediately upon cessation of the extraordinary circumstance. All requests for rate increments shall be limited to one request per nursing facility for the factors set forth in subsections (2) and (3); provided, additional requests involving a per diem increase in excess of one percent of the nursing facilitys previously assigned aggregate per diem rate shall also be reviewed. Before a nursing facility shall be permitted to file for a rate increment, increases in operating costs set forth in subsections (2) and (3) must have been incurred for a period of not less than three (3) months in order to establish proof of the increase. Rate adjustments granted as a result of a request filed within one hundred twenty (120) days after the costs were first incurred shall be made effective retroactively to the date the costs were actually incurred; provided, further, any adjustments granted as a result of requests filed more than one hundred twenty (120) days after the costs were first incurred will be effective on the first day of the month following the filing of the request.
R.I. Gen. Laws § 40-8-20.2 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-20.2
§ 40-8-20.2. Best energy practices for licensed nursing facilities  Energy conservation retention credit.
Status: in_force

(a) In order to reduce overall energy consumption and to slow the rate of the growth in state Medicaid expenditures, the state of Rhode Island shall adopt an energy conservation retention credit for licensed nursing facilities that meet the criteria set forth herein. Every licensed nursing facility participating in the Medicaid medical assistance program that: (1) Expends funds for energy conservation measures and the use of renewable fuels, energy sources, and so-called green sources of energy that result in a reduction of energy consumption; and (2) Which methods the facility can demonstrate, to the satisfaction of the department, result in the facilitys pass through per diem cost being reduced in the next base year in comparison to the immediately preceding base year, shall be permitted to retain the difference in the previous per diem and the new per diem for a period of up to twenty-four (24) months. Provided, that such retained funds shall be utilized by the nursing facility solely for either: (1) Costs directly associated with employing labor at the facility; or (2) To pay down any debt of the nursing facility incurred directly through the purchases of energy saving, conservation, and renewable energy or so-called green devices.

(b) The department of human services shall convene a working group of interested parties, including, but not limited to, public utilities, provider trades associations, labor unions representing nursing home employees, and environmental advocates, to establish best energy practices for this industry.
R.I. Gen. Laws § 40-6-24 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-24
§ 40-6-24. Recipient not deemed pauper.
Status: in_force

No person receiving assistance under this chapter shall be deemed a pauper for purposes of chapter 5 of this title by reason thereof.
R.I. Gen. Laws § 40-6-11 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-11
§ 40-6-11. Report of income by recipients.
Status: in_force

If at any time during the continuance of public assistance pursuant to this chapter and/or chapter 8 of this title, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him or her, it shall be his or her duty, and a condition of eligibility, to notify the department providing assistance of this fact immediately on the receipt or possession of additional income or resources.
R.I. Gen. Laws § 40-8-17 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-17
§ 40-8-17. Waiver request.
Status: in_force

(a) Formation. The executive office of health and human services is directed and authorized to apply for and obtain any necessary waiver(s), waiver amendment(s), and/or state plan amendments from the Secretary of the United States Department of Health and Human Services, including, but not limited to, an extension of the section 1115(a) demonstration waiver amended, as appropriate, and renamed to reflect the states effort to coordinate all publicly financed health care. The secretary of the office shall ensure that the states health and human services departments and the people and communities they serve in the Medicaid program shall have the opportunity to contribute to and collaborate in the formulation of any request for a new waiver, waiver extension, and/or state plan amendment(s). Any actions shall: (1) Continue efforts to rebalance the system of long-term services and supports by assisting people in obtaining care in the most appropriate and least restrictive setting; (2) Pursue further utilization of care-management models that promote preventive care, offer a health home, and provide an integrated system of services; (3) Use smart payments and purchasing to finance and support Medicaid initiatives that fill gaps in the integrated system of care; and (4) Recognize and ensure access to non-medical services and supports, such as peer navigation and employment and housing stabilization services, that are essential for optimizing a persons health, wellness, and safety and that reduce or delay the need for long-term services and supports.

(b) Effective July 1, 2009, any provision presently in effect in the Rhode Island general laws where the executive office of health and human services is authorized to apply for and obtain any necessary waiver(s), waiver amendment(s), and/or state plan amendment(s) for the purpose of providing medical assistance to recipients, shall authorize the executive office of health and human services to proceed with appropriate category changes in accordance with the special terms and conditions of the Rhode Island Global Consumer Choice Compact section 1115(a) Demonstration Waiver or any extension thereof, as amended and/or renamed under the authority provided in this section.
R.I. Gen. Laws § 40-15-4 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-4
§ 40-15-4. Appropriate public authorities defined.
Status: in_force

The appropriate public authorities as used in article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the department of children, youth and families and that department shall receive and act with reference to notices required by article III.
R.I. Gen. Laws § 40-9-11 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11
§ 40-9-11. Cooperation in federal business enterprises program.
Status: in_force

The Rhode Island state department of human services is hereby empowered to cooperate with the United States governments Department of Education in its Business Enterprises Program for the Blind and, in connection with the program, to accept the payments and/or reimbursement for one-half (Â½) of the necessary expenditures for the acquisition of state-controlled vending stands or other business enterprises equipment for the use of persons who are blind, for which appropriation is made by Title II  Office of Vocational Rehabilitation, of Public Law 80-165, passed by the Eightieth Congress of the United States, approved July 8, 1947, and known as the Labor-Federal Security Appropriation Act of 1948.
R.I. Gen. Laws § 40-2-5 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-5
§ 40-2-5. Payment of balance to general treasurer.
Status: in_force

The balance, as shall remain after the amount due the department of human services for the care and treatment of any discharged or deceased patient or inmate is applied in payment thereof, shall be paid over to the general treasurer by the director.
R.I. Gen. Laws § 40-1-4 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-4
§ 40-1-4. Organization of department.
Status: in_force

All functions, services, and duties of the department of human services shall be organized by the director with the approval of the governor as to:

(1) Community services to include generally and specifically the administration of all forms of human services excluding child welfare services, which are the responsibility of the department of children, youth and families.

(2) Management services to include generally and specifically all central management, financial, forms of relief, and other services concerned with the business and servicing operations of the department.

(3) Veterans affairs to include all forms of services to veterans of the armed forces. There shall be within the department of human services an office of veterans services.
R.I. Gen. Laws § 40-8-10 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-10
§ 40-8-10. Recovery of benefits paid in error.
Status: in_force

Any person, who through error or mistake of himself or herself or another, receives medical care benefits to which he or she is not entitled or with respect to which he or she was ineligible, shall be required to reimburse the state for the benefits paid through error or mistake.
R.I. Gen. Laws § 40-6-15 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-15
§ 40-6-15. Fraudulently obtaining assistance.
Status: in_force

Any person who by any fraudulent device obtains, or attempts to obtain, or aids or abets any person to obtain, public assistance, pursuant to this chapter, to which he or she is not entitled, or who willfully fails to report income or resources as provided in this chapter, shall be guilty of larceny and, upon conviction thereof, shall be punished by imprisonment of not more than five (5) years or by a fine of not more than one thousand dollars ($1,000), or both, if the value of the public assistance to which he or she is not entitled shall exceed five hundred dollars ($500); or by imprisonment by less than one year or by a fine of not more than five hundred dollars ($500), or by both, if the value of the public assistance to which he or she is not entitled shall not exceed five hundred dollars ($500).
R.I. Gen. Laws § 40-8-4 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-4
§ 40-8-4. Direct vendor payment plan.
Status: in_force

(a) The department shall furnish medical care benefits to eligible beneficiaries through a direct vendor payment plan. The plan shall include, but need not be limited to, any or all of the following benefits, which benefits shall be contracted for by the director:

(1) Inpatient hospital services, other than services in a hospital, institution, or facility for tuberculosis or mental diseases;

(2) Nursing services for the period of time as the director shall authorize;

(3) Visiting nurse service;

(4) Drugs for consumption either by inpatients or by other persons for whom they are prescribed by a licensed physician;

(5) Dental services; and

(6) Hospice care up to a maximum of two hundred and ten (210) days as a lifetime benefit.

(b) For purposes of this chapter, the payment of federal Medicare premiums or other health insurance premiums by the department on behalf of eligible beneficiaries in accordance with the provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall be deemed to be a direct vendor payment.

(c) [Deleted by P.L. 2021, ch. 162, art. 12, § 2.]

(d) [Deleted by P.L. 2021, ch. 162, art. 12, § 2.]

(e) No state agency shall pay a vendor for medical benefits provided to a recipient of assistance under this chapter until and unless the vendor has submitted a claim for payment to a commercial insurance plan, Medicare, and/or a Medicaid managed care plan, if applicable for that recipient, in that order. This includes payments for skilled nursing and therapy services specifically outlined in Chapters 7, 8, and 15 of the Medicare Benefit Policy Manual.
R.I. Gen. Laws § 40-8-24 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-24
§ 40-8-24. Less expensive alternative medications.
Status: in_force

For pharmaceutical purchases eligible for reimbursement under the Medicaid state plan, the department shall encourage the substitution of generic drugs which are therapeutically equivalent and interchangeable with specific brand name drugs in accordance with § 21-31-16.1 and related regulations of the department of health, except in the event that a brand name is determined by the director to be less costly to the state than the equivalent generic. Calculation of comparative drug costs shall include consideration of the amount paid by the state to the pharmacy for a drug under the current retail pharmacy reimbursement formula, less any discounts or rebates, including those paid pursuant to federal Medicaid law during the previous calendar quarter, and inclusive of all dispensing fees.
R.I. Gen. Laws § 40-16-4 — RI Code / Title 40 / Chapter 40-16 / Section 40-16-4
§ 40-16-4. Annual report.
Status: in_force

Each health center receiving funds pursuant to this section shall submit an annual report on their expenditures, revenues, and patients served by health-center categories by October 1 of each year for the prior fiscal year to the speaker of the house of representatives, the president of the senate, and director of human services.
R.I. Gen. Laws § 40-8-31 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-31
§ 40-8-31. Payments to out-of-state facilities.
Status: in_force

Effective September 1, 2014, the executive office of health and human services shall require that any payment to an out-of-state provider from whom a Medicaid-eligible individual receives services must be a facility that applies for, and is approved to participate in, the Rhode Island Medicaid program. This excludes payments to out-of-state providers that do not participate in the Rhode Island Medicaid program but that are determined to be acceptable due to extenuating circumstances by the secretary of the executive office of health and human services. Furthermore, the department of children, youth and families is required to submit a bi-weekly report to the chair of the house committee on finance, the chair of the senate committee on finance, the house fiscal advisor, the senate fiscal advisor, and the office of management and budget detailing payments for placements to out-of-state facilities. The report should also indicate the entity recommending or ordering the placement, the types of services required, and reason for using an out-of-state facility. This change may require the adoption of new or amended rules, regulations and procedures.
R.I. Gen. Laws § 40-5-15 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-15
§ 40-5-15. Citation and proceedings against kindred.
Status: in_force

The director of public welfare of any town, or the department of human services of the state through its representative duly appointed, shall apply to the clerk of the district court for, and the clerk shall thereupon issue, a citation substantially in the form of the citation prescribed in § 44-5-26; and the citation shall contain the name or names of the kindred, and the citation and petition shall in all respects follow the procedure, and be subject to the jurisdiction of the district courts as set forth in §§ 8-8-3  8-8-5.
R.I. Gen. Laws § 40-2-3 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-3
§ 40-2-3. Application of funds deposited to care and treatment of residents.
Status: in_force

The director of the department of human services shall apply any funds now or hereafter deposited in the name of any discharged or deceased patient or inmate in any institution under the control of the department of human services as partial or full payment, as the case may be, for the care and treatment of the patient or inmate.
R.I. Gen. Laws § 40-1-17 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-17
§ 40-1-17. Receipt and use of funds.
Status: in_force

To carry out the purposes of this chapter, the department of human services, with the approval of the governor, shall have the authority to receive and expend monies from any other sources, public or private, including, but not limited to, legislative enactments, bond issues, gifts, devises, grants, bequests, or donations. The department of human services, with the approval of the governor, is authorized to enter into any contracts necessary to obtain and expend those funds.
R.I. Gen. Laws § 40-1-9 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-9
§ 40-1-9. Adaptive telephone equipment loan program fund.
Status: in_force

(a) There is hereby created an adaptive telephone equipment loan program fund that shall be administered by the general treasurer and the principal and interest of which shall be used solely for the purpose of providing funds for the purchase, maintenance, replacement, and distribution of telephone telecommunications devices and special-needs equipment, and the administrative expenses of the general treasurer incurred in conjunction therewith, for the deaf, the severely hearing impaired, and severely speech impaired who have been duly certified as such in accordance with § 39-2-5(7) [Subdivision (7) was deleted].

(b) The regulated telephone utilities shall pay over to the general treasurer any and all sums received as a monthly surcharge in accordance with § 39-2-5(7) [Subdivision (7) was deleted]. The general treasurer shall invest and reinvest the sums so received in accordance with the laws of Rhode Island.

(c) Upon receipt of duly authenticated vouchers from the director of the department of human services, the general treasurer may draw upon the principal or income of the fund to effectuate the provisions of § 39-2-5(7) [Subdivision (7) was deleted].
R.I. Gen. Laws § 40-2-11 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-11
§ 40-2-11. Application of proceeds of sale.
Status: in_force

The proceeds from advertised public sale or sales, when received, shall be treated in the same manner as is provided for in §§ 40-2-3  40-2-6.
R.I. Gen. Laws § 40-19-3 — RI Code / Title 40 / Chapter 40-19 / Section 40-19-3
§ 40-19-3. Powers and duties of the department of human services.
Status: in_force

The department of human services shall, within the specific appropriation for this program, establish and evaluate the statewide comprehensive adolescent pregnancy and parenting program to be established pursuant to § 40-19-2 and shall make and establish rules and regulations as are deemed necessary to carry out the purposes of the chapter. The department of human services shall allocate and expend any money in the treasury designated in the department for adolescent pregnancy and parenting programs, solely for the purpose and operation of the adolescent pregnancy programs, including legislative funding for both community-based programs of Warwicks Project Hope and Pawtuckets school-based adolescent pregnancy project.
R.I. Gen. Laws § 40-8-27 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-27
§ 40-8-27. Cooperation by providers.
Status: in_force

Medicaid providers who employ individuals applying for benefits under any chapter of this title shall comply in a timely manner with requests made by the department for any documents describing employer-sponsored health insurance coverage or benefits the provider offers that are necessary to determine eligibility for the states premium assistance program pursuant to § 40-8.4-12. Documents requested by the department may include, but are not limited to, certificates of coverage or a summary of benefits and employee obligations. Upon receiving notification that the department has determined that the employee is eligible for premium assistance under § 40-8.4-12, the provider shall accept the enrollment of the employee and his or her family in the employer-based health insurance plan without regard to any seasonal enrollment restrictions, including open-enrollment restrictions, and/or the impact on the employees wages. Additionally, the Medicaid provider employing such persons shall not offer pay in lieu of benefits. Providers who do not comply with the provisions set forth in this section shall be subject to suspension as a participating Medicaid provider.
R.I. Gen. Laws § 40-8-14 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-14
§ 40-8-14. Appropriations.
Status: in_force

The general assembly shall annually appropriate a sum as it may deem necessary to carry out the purposes of this chapter, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums or so much thereof as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 40-9-17 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-17
§ 40-9-17. Confidentiality of reports  Authorized uses  Penalty for disclosure.
Status: in_force

(a) All reports mentioned in § 40-9-15 are hereby declared to constitute confidential matter. It shall be unlawful for any person to make use of, or cause to be used, any information contained in the reports for purposes not directly connected with the administration of services for people who are blind or visually impaired or the division of motor vehicles, except with the consent of the individual concerned.

(b) The director of human services shall have the power to establish rules and regulations governing the custody, use, and preservation of the reports, which shall have the same force and effect as law. The reports shall be produced in response to a subpoena duces tecum properly issued by any federal or state court; provided, however, that the purpose for which the subpoena is sought is directly connected with the administration of services for people who are blind or visually impaired. No subpoena shall be issued by a court asking either for the reports, or for persons having custody or access to the reports, unless the litigation involved in the matter is directly connected with the administration of services for people who are blind or visually impaired.

(c) Any person violating any of the provisions of this section, or the lawful rules and regulations made hereunder, shall be deemed guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($200) or shall be imprisoned for not more than six (6) months, or both.

(d) Nothing in this section shall be deemed to prohibit the director of the department of human services, or his or her agents duly authorized for that purpose, from issuing any statistical material or data, or publishing or causing the data to be published whenever he or she shall deem it to be in the public interest.
R.I. Gen. Laws § 40-9-4 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-4
§ 40-9-4. Chairperson of advisory council  Secretarial service.
Status: in_force

The members of the council shall elect one of their number as chairperson upon the appointment of any new member for a full term and whenever the office may become vacant. The members of the council shall serve without compensation and secretarial service for the council shall be provided by the director of the department.
R.I. Gen. Laws § 40-20-1 — RI Code / Title 40 / Chapter 40-20 / Section 40-20-1
§ 40-20-1. Long-term-care plan and budget.
Status: in_force

The directors of the department of human services, the office of healthy aging, the department of health, and the department of behavioral healthcare, developmental disabilities and hospitals shall develop a five-year (5) Rhode Island long-term-care plan and recommended budget prior to January 1, 1998. In developing the plan, the directors shall seek input and comment from members of the public, consumers, and providers. The plan shall be based on the goals and objectives set forth in the long-term care coordinating councils Long-Term Care Plan for Rhode Island: 1995-2000 and shall incorporate at least the following:

(a) Guiding principles:

(1) Address and promote physical, mental, and psycho-social well-being.

(2) Allow consumers to choose less restrictive and more cost-effective and appropriate settings for care.

(3) Place emphasis on consumer choice and satisfaction.

(4) Strive to ensure that all services are available as appropriate to needs and resources.

(5) Base the plan on consumer needs, not provider needs.

(6) Recognize that cost-effectiveness, efficiency, and quality of life are important to public and private-pay consumers.

(b) Essential elements:

(1) A long-term-care coordinator responsible for assisting persons to access long-term-care services shall be available to all communities.

(2) A uniform screening and assessment shall be conducted for anyone seeking state-funded long-term-care assistance. The assessment shall be available to private pay consumers as well.

(3) A consumer long-term-care information system shall be developed in collaboration with the long-term care coordinating council.
R.I. Gen. Laws § 40-9-3 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-3
§ 40-9-3. Advisory council  Appointment of members.
Status: in_force

Within the department of human services there shall be an advisory council to assist in promoting the interests of people who are blind or visually impaired consisting of nine (9) members, eight (8) of whom shall be qualified electors of the state, who shall be selected with particular regard to their interest in and their knowledge of the conditions regarding the blind and visually impaired and who shall be appointed by the governor as herein provided, and one of whom shall be the chairperson of the state council on independent living services, ex officio. In the month of February in each year, the governor shall appoint one member, except in the month of February 1970 and every fifth year thereafter when he or she shall appoint four (4) members, each member to hold office until the first day of March in the fifth year after his or her appointment and until his or her successor is appointed and qualified, to succeed the member whose term will next expire. Any vacancy that may occur in the council shall be filled by appointment by the governor for the remainder of the unexpired term.
R.I. Gen. Laws § 40-22-3 — RI Code / Title 40 / Chapter 40-22 / Section 40-22-3
§ 40-22-3. Food stamp employment and training program.
Status: in_force

The department of human services is authorized and directed to amend the food stamp employment and training plan submitted to the United States Department of Agriculture to maximize the receipt of federal funds for employment and training for food stamp recipients. The department may, as necessary and appropriate, implement a pilot program with such education, training, and job placement providers as determined by the department.
R.I. Gen. Laws § 40-22-2 — RI Code / Title 40 / Chapter 40-22 / Section 40-22-2
§ 40-22-2. Legislative findings.
Status: in_force

(1) Many food stamp recipients need assistance entering the job market or increasing their skills to obtain a good paying job.

(2) There are federal funds available through the food stamp employment and training to pay for education, training, job placement, case management, and other work-readiness services for food stamp recipients and to pay the administrative costs of managing the program.

(3) There are no general revenue funds required to access the federal food stamp employment and training program.
R.I. Gen. Laws § 40-1-13 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-13
§ 40-1-13. Duties of director and center staff.
Status: in_force

(a) The director shall cooperate with federal, state, and local agencies to coordinate the service programs established pursuant to § 40-1-14.

(b) The director shall promulgate rules concerning the eligibility of persons for the job training and other programs of the multipurpose service center; the granting of stipends for the job training programs from available funds; and a sliding fee scale for the service programs.
R.I. Gen. Laws § 40-2-10 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-10
§ 40-2-10. Sale of abandoned property  Remission of proceeds.
Status: in_force

The state general treasurer, upon receipt of the abandoned personal property and a list or declaration, shall sell the articles at public sale advertised in a manner that, to the general treasurer, shall seem satisfactory, and the general treasurer shall remit the proceeds received from the sale to the director, together with a list or declaration setting forth the amount of money to be credited to the account of each discharged or deceased patient or inmate.
R.I. Gen. Laws § 40-5-19 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-19
§ 40-5-19. Order as to residence of pauper.
Status: in_force

The court may further order with any kindred who may desire it, that the pauper shall live and be relieved, for such time with one and for such time with another, as they shall judge proper, having regard to the comfort of the pauper as well as to the convenience of the kindred.
R.I. Gen. Laws § 40-8-8 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-8
§ 40-8-8. Judicial review.
Status: in_force

Findings of fact by the director shall be final and his or her decision shall be subject to judicial review only by certiorari if the decision is arbitrary, capricious, or unreasonable or inconsistent with law.
R.I. Gen. Laws § 40-11-3 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-3
§ 40-11-3. Duty to report  Deprivation of nutrition or medical treatment.
Status: in_force

(a) Any person who has reasonable cause to know or suspect that any child has been abused or neglected as defined in § 40-11-2, or has been a victim of sexual abuse by another child, shall, within twenty-four (24) hours, transfer that information to the department of children, youth and families, or its agent, which shall cause the report to be investigated immediately. As a result of those reports and referrals, protective social services shall be made available to those children in an effort to safeguard and enhance the welfare of those children and to provide a means to prevent further abuse or neglect. The department shall establish and implement a single, statewide, toll-free telephone to operate twenty-four (24) hours per day, seven (7) days per week for the receipt of reports concerning child abuse and neglect, which reports shall be electronically recorded and placed in the central registry established by § 42-72-7. The department shall create a sign, using a format that is clear, simple, and understandable to students, that contains the statewide, toll-free telephone number for posting in all public and private schools in languages predominately spoken in the state, containing pertinent information relating to reporting the suspicion of child abuse, neglect, and sexual abuse. This sign shall be available to the school districts electronically. The electronically recorded records, properly indexed by date and other essential, identifying data, shall be maintained for a minimum of three (3) years; provided, however, any person who has been reported for child abuse and/or neglect, and who has been determined not to have neglected and/or abused a child, shall have his or her record expunged as to that incident three (3) years after that determination. The department shall continuously maintain a management-information database that includes all of the information required to implement this section, including the number of cases reported by hospitals, healthcare centers, emergency rooms, and other appropriate healthcare facilities.

(b) The reporting shall include immediate notification of the department of any instance where parents of an infant have requested deprivation of nutrition that is necessary to sustain life and/or who have requested deprivation of medical or surgical intervention that is necessary to remedy or ameliorate a life-threatening medical condition, if the nutrition or medical or surgical intervention is generally provided to similar nutritional, medical, or surgical conditioned infants, whether disabled or not.

(c) Nothing in this section shall be interpreted to prevent a childs parents and physician from discontinuing the use of life-support systems or nonpalliative treatment for a child who is terminally ill where, in the opinion of the childs physician exercising competent medical judgment, the child has no reasonable chance of recovery from the terminal illness despite every, appropriate medical treatment to correct the condition.
R.I. Gen. Laws § 40-9-18 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-18
§ 40-9-18. Blindness prevention.
Status: in_force

(a) The department of human services shall, in consultation with the governors advisory council for the blind and Saving Sight Rhode Island, establish a blindness-prevention program for children of the state of Rhode Island to promote the screening, testing, diagnosis, and treatment of blindness diseases of the eye and other sight disorders.

(b) The department of human services shall promulgate rules and regulations in order to effectuate the purposes of this section.
R.I. Gen. Laws § 40-2-1 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-1
§ 40-2-1. Records of institution residents  Reports of injury or death  Communications to department.
Status: in_force

The department of human services shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every inmate, patient, or pupil in the several institutions under the control of the department; the date, cause, and terms of discharge and the condition of the persons at the time of leaving, and also all transfers from one institution to another; and if any inmate, patient, or pupil dies, the date and cause of death. These and other facts as the department may, from time to time, require shall be furnished by the managing officer of each institution to the director of the department of human services within twenty-four (24) hours after the commitment, entrance, death, or discharge of any inmate, patient, or pupil. In case of an accident, injury, or death under peculiar circumstances of an inmate, patient, or pupil, the managing officer shall make a special report within twenty-four (24) hours thereafter to the director, giving the circumstances of the injury or death as fully as possible. The record shall be accessible only to the director of the department, and the officers, agents, and employees thereof, except by permission of the director or upon order of the governor or of a judge of a court of record. Whenever it is required by law that a notice, order, or other communication be made to the department, it shall be a sufficient compliance with the law if the notice, order, or other communication is made to the director of human services.
R.I. Gen. Laws § 40-15-5 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-5
§ 40-15-5. Appropriate authority in the receiving state defined.
Status: in_force

As used in paragraph (a) of article V of the Interstate Compact on the Placement of Children, the phrase appropriate authority in the receiving state with reference to this state shall mean the department of children, youth and families.
R.I. Gen. Laws § 40-6-20 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-20
§ 40-6-20. Prosecution of criminal actions.
Status: in_force

All criminal actions for any violation of this chapter, or any rule or regulation promulgated under this chapter pertaining to the department, shall be prosecuted by the attorney general or by any qualified member of the Rhode Island bar who shall be designated by the director and approved by the attorney general to institute and prosecute such actions.
R.I. Gen. Laws § 40-19-2 — RI Code / Title 40 / Chapter 40-19 / Section 40-19-2
§ 40-19-2. Comprehensive parenting and pregnancy program established.
Status: in_force

The state, under the supervision of the department of human services, shall establish the statewide comprehensive adolescent pregnancy and parenting program, which will include the existing department of human service programs, Project Hope, and Pawtuckets school-based adolescent pregnancy project, providing both school-based and community-based services including, but not necessarily limited to, the following:

(1) To assist pregnant adolescents in accessing early comprehensive and complete prenatal and pediatric care that will be sensitive to the special needs and risks of adolescents and infants;

(2) Mobilize resources and/or provide support services to access adequate parenting programs, family involvement, nutrition programs, transportation, clothing, childcare programs and job training and employment opportunities;

(3) In cooperation with the school systems, coordinate the design of an educational plan to include options for completing high school programs;

(4) In cooperation with the school systems, coordinate the development of plans to reach pregnant students in order to offer services and support to encourage pregnant and parenting students to remain and complete their high school education;

(5) Provide for crisis intervention and emergency assistance;

(6) Home management and parenting and nutrition skill building opportunities;

(7) Encourage program providers to employ staff that is reflective of the racial and ethnic populations of the adolescents in their community.
R.I. Gen. Laws § 40-5-4 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-4
§ 40-5-4. Manner of relief in Providence.
Status: in_force

The city council of the city of Providence may prescribe the mode in which, and extent to which, the director of public welfare of the city shall afford temporary relief to poor and indigent persons who are not supported and employed in the asylum, or other tenements belonging to or used by the city.
R.I. Gen. Laws § 40-8-13 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-13
§ 40-8-13. Rules, regulations, and fee schedules.
Status: in_force

The director shall make and promulgate rules, regulations, and fee schedules not inconsistent with state law and fiscal procedures as he or she deems necessary for the proper administration of this chapter and to carry out the policy and purposes thereof, and to make the departments plan conform to the provisions of the federal Social Security Act, 42 U.S.C. § 1396 et seq., and any rules or regulations promulgated pursuant thereto.
R.I. Gen. Laws § 40-9-5 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-5
§ 40-9-5. Functions of advisory council.
Status: in_force

The council shall confer with and shall advise the director of human services in promoting the interests of people who are blind or visually impaired in the state and concerning the policies, rules, and regulations appertaining thereto; provided, however, that the advisory council shall have no administrative power.
R.I. Gen. Laws § 40-2-16 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-16
§ 40-2-16. Records of venereal disease.
Status: in_force

For the statistical purposes of the department of health, the department of human services shall keep records of all cases of venereal diseases in the institutions, but the records shall not be open to public inspection, and the department of human services shall make every reasonable effort to keep secret the identity of those persons with the diseases so far as may be consistent with the enforcement of the provisions of §§ 40-2-12  40-2-17 and with the protection of the public health.
R.I. Gen. Laws § 40-1-3 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-3
§ 40-1-3. Advisory committees to agencies within department.
Status: in_force

The director of the department of human services shall be authorized to appoint advisory committees as he or she thinks appropriate to make suggestions to and to advise the various agencies within the department. The members of the committees shall serve without pay. The chairperson of each committee shall be designated by the director and shall sit ex-officio with the department advisory committee.
R.I. Gen. Laws § 40-8-7 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-7
§ 40-8-7. Appeals  Hearing.
Status: in_force

Any applicant for or recipient of benefits aggrieved because of a decision, or delay in making a decision, shall be entitled to an appeal and shall be afforded reasonable notice and opportunity for a fair hearing conducted by the director.
R.I. Gen. Laws § 40-1-7 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-7
§ 40-1-7. Offices of department.
Status: in_force

The department of administration shall furnish the state department of human services offices in which to transact its business and keep its records. The offices shall be open for business each day of the year, except Sundays and legal holidays, during such hours as may be prescribed by the director.
R.I. Gen. Laws § 40-5-18 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-18
§ 40-5-18. Assessment of kindred for future support  Warrant for arrears.
Status: in_force

The court may further assess and apportion upon any kindred such weekly sums for the future as they shall judge sufficient for the support of the pauper, to be paid quarterly into the clerks office of the court, to the use of the director, until further order of the court; and upon application, from time to time, of the director, the clerk of the court shall issue and may renew a warrant of distress for the arrears of any preceding quarter.
R.I. Gen. Laws § 40-5-2 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-2
§ 40-5-2. Oversight of poor by directors of public welfare.
Status: in_force

The directors of public welfare shall have the care and oversight of all such poor and indigent persons settled in their respective towns.
R.I. Gen. Laws § 40-9-14 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-14
§ 40-9-14. Application of receipts from business enterprises program.
Status: in_force

All receipts collected by the state department of human services as a result of the operation of the program shall be deposited with the general treasurer and are hereby appropriated to carry out the purposes of §§ 40-9-11  40-9-13. Any unexpended balance of the receipts, remaining at the end of the fiscal year, shall be carried forward and made available for expenditure in the succeeding fiscal year.
R.I. Gen. Laws § 40-5-21 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-21
§ 40-5-21. Alteration of orders and assessments.
Status: in_force

Upon application of any party interested, the court may, from time to time, vary any order by it made in the premises, or alter any assessment or apportionment by it made as provided in this chapter, to meet a change of circumstances.
R.I. Gen. Laws § 40-7-4 — RI Code / Title 40 / Chapter 40-7 / Section 40-7-4
§ 40-7-4. Effect of existing reciprocal agreements.
Status: in_force

Entry by the state into the New England Welfare Compact with another state shall supersede existing reciprocal agreements with that state but shall in no way abrogate or replace compacts or agreements entered into with other states pursuant to § 40-6-18.
R.I. Gen. Laws § 40-21-1 — RI Code / Title 40 / Chapter 40-21 / Section 40-21-1
§ 40-21-1. Prescription drug program.
Status: in_force

The department of human services is hereby authorized and directed to amend its practices, procedures, regulations, and the Rhode Island state plan for medical assistance (Medicaid) pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. §1396 et seq., to modify the prescription drug program:

(1) To establish a preferred drug list (PDL);

(2) To enter into supplemental rebate, discount, or other agreements with pharmaceutical companies;

(3) To negotiate either state-specific supplemental rebates or to participate in a multistate pooling, supplemental-rebate program.

Determinations of drugs included on the PDL will be made by the State Department of Human Services, and a listing of the drugs shall be maintained on a public website. In making these determinations, the department shall consider the recommendations of the Medicaid Pharmaceutical and Therapeutics Committee, whose membership shall include practicing pharmacists and physicians, faculty members of the University of Rhode Islands College of Pharmacy, and consumers or consumer representatives. Drugs exempt from the PDL shall include: (i) Anti-retrovirals; and (ii) Organ transplant medications. Physicians will be informed about prior authorization procedures for medications not on the PDL, and seventy-two-hour (72) emergency supplies may be dispensed if authorizations cannot be obtained; and

(4) To mandate the dispensing of generic-only drugs with the exception of limited-brand drug coverage for certain therapeutic classes as approved by the Department of Human Services to individuals eligible for medical assistance (Medicaid) under §§40-8.4-4, 42-12.3-4 and 42-12.3-15.
R.I. Gen. Laws § 40-9-7 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-7
§ 40-9-7. Supplies and materials for people who are blind or visually impaired workers  Compensation for services.
Status: in_force

The director is hereby authorized and empowered to carry on services for people who are blind or visually impaired by providing for the furnishing of supplies and materials for workers who are blind or visually impaired workers, and compensating people who are blind or visually impaired workers for services through funds made available to the department of human services.