R.I. Gen. Laws § 40-6-3.11 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.11
§ 40-6-3.11. Dependent child defined.
Status: in_force

For purposes of this chapter, the term dependent child shall mean a dependent child as defined by Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq., as amended.
R.I. Gen. Laws § 40-8-15 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-15
§ 40-8-15. Lien on deceased recipients estate for assistance.
Status: in_force

(a)(1) Upon the death of a recipient of Medicaid under Title XIX of the federal Social Security Act (42 U.S.C. § 1396 et seq. and referred to hereinafter as the Act), the total sum for Medicaid benefits so paid on behalf of a beneficiary who was fifty-five (55) years of age or older at the time of receipt shall be and constitute a lien upon the estate, as defined in subsection (a)(2), of the beneficiary in favor of the executive office of health and human services (executive office). The lien shall not be effective and shall not attach as against the estate of a beneficiary who is survived by a spouse, or a child who is under the age of twenty-one (21), or a child who is blind or permanently and totally disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The lien shall attach against property of a beneficiary, which is included or includable in the decedents probate estate, regardless of whether or not a probate proceeding has been commenced in the probate court by the executive office or by any other party. Provided, however, that such lien shall only attach and shall only be effective against the beneficiarys real property included or includable in the beneficiarys probate estate if such lien is recorded in the land evidence records and is in accordance with subsection (e). Decedents who have received Medicaid benefits are subject to the assignment and subrogation provisions of §§ 40-6-9 and 40-6-10.

(2) For purposes of this section, the term estate with respect to a deceased individual shall include all real and personal property and other assets included or includable within the individuals probate estate.

(b) The executive office is authorized to promulgate regulations to implement the terms, intent, and purpose of this section and to require the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written notice to the executive office of the death of a beneficiary of Medicaid benefits who was fifty-five (55) years of age or older at the date of death, and to provide a statement identifying the decedents property and the names and addresses of all persons entitled to take any share or interest of the estate as legatees or distributees thereof.

(c) The amount of reimbursement for Medicaid benefits imposed under this section shall also become a debt to the state from the person or entity liable for the payment thereof.

(d) Upon payment of the amount of reimbursement for Medicaid benefits imposed by this section, the secretary of the executive office, or his or her designee, shall issue a written discharge of lien.

(e) Provided, however, that no lien created under this section shall attach nor become effective upon any real property unless and until a statement of claim is recorded naming the debtor/owner of record of the property as of the date and time of recording of the statement of claim, and describing the real property by a description containing all of the following: (1) Tax assessors plat and lot; and (2) Street address. The statement of claim shall be recorded in the records of land evidence in the town or city where the real property is situated. Notice of the lien shall be sent to the duly appointed executor or administrator, the decedents legal representative, if known, or to the decedents next of kin or heirs at law as stated in the decedents last application for Medicaid benefits.

(f) The executive office shall establish procedures, in accordance with the standards specified by the Secretary, United States Department of Health and Human Services, under which the executive office shall waive, in whole or in part, the lien and reimbursement established by this section if the lien and reimbursement would cause an undue hardship, as determined by the executive office, on the basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).

(g) Upon the filing of a petition for admission to probate of a decedents will or for administration of a decedents estate, when the decedent was fifty-five (55) years or older at the time of death, a copy of the petition and a copy of the death certificate shall be sent to the executive office. Within thirty (30) days of a request by the executive office, an executor or administrator shall complete and send to the executive office a form prescribed by that office and shall provide such additional information as the office may require. In the event a petitioner fails to send a copy of the petition and a copy of the death certificate to the executive office and a decedent has received Medicaid benefits for which the executive office is authorized to recover, no distribution and/or payments, including administration fees, shall be disbursed. Any person and/or entity that receives a distribution of assets from the decedents estate shall be liable to the executive office to the extent of such distribution.

(h) Compliance with the provisions of this section shall be consistent with the requirements set forth in § 33-11-5 and the requirements of the affidavit of notice set forth in § 33-11-5.2. Nothing in these sections shall limit the executive office from recovery, to the extent of the distribution, in accordance with all state and federal laws.

(i) To ensure the financial integrity of the Medicaid eligibility determination, benefit renewal, and estate recovery processes in this and related sections, the secretary of health and human services is authorized and directed to, by no later than August 1, 2018: (1) Implement an automated asset verification system, as mandated by § 1940 of the Act, that uses electronic data sources to verify the ownership and value of countable resources held in financial institutions and any real property for applicants and beneficiaries subject to resource and asset tests pursuant to the Act in § 1902(e)(14)(D); (2) Apply the provisions required under §§ 1902(a)(18) and 1917(c) of the Act pertaining to the disposition of assets for less than fair market value by applicants and beneficiaries for Medicaid long-term services and supports and their spouses, without regard to whether they are subject to or exempted from resources and asset tests as mandated by federal guidance; and (3) Pursue any state plan or waiver amendments from the United States Centers for Medicare and Medicaid Services and promulgate such rules, regulations, and procedures he or she deems necessary to carry out the requirements set forth herein and ensure the state plan and Medicaid policy conform and comply with applicable provisions of Title XIX.
R.I. Gen. Laws § 40-11-7.3 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-7.3
§ 40-11-7.3. Mediation of child protection matters.
Status: in_force

The family court may establish a voluntary mediation program for child protection matters. Once established, the court may, with the consent of the parties, refer to mediation all or any portion of a matter relating to child protection matters.
R.I. Gen. Laws § 40-8-13.5 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-13.5
§ 40-8-13.5. Hospital Incentive Program (HIP).
Status: in_force

The secretary of the executive office of health and human services is authorized to seek the federal authorities required to implement a hospital incentive program (HIP). The HIP shall provide the participating licensed hospitals the ability to obtain certain payments for achieving performance goals established by the secretary. HIP payments shall commence no earlier than July 1, 2016.
R.I. Gen. Laws § 40-14-10 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-10
§ 40-14-10. Loans.
Status: in_force

Loans made under the provisions of this chapter shall be exempt from truth in lending and loan licensure provisions of the Rhode Island general laws.
R.I. Gen. Laws § 40-6-3.12 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.12
§ 40-6-3.12. Enteral nutrition products.
Status: in_force

(a) As used in this section:

(1) Enteral nutrition means a supplemental feeding that is provided via the gastrointestinal tract by mouth (orally), or through a tube, catheter, or stoma that delivers nutrients distal to the oral cavity.

(2) Nutritional risk means actual or potential for developing malnutrition, as evidenced by clinical indicators, the presence of chronic disease, or increased metabolic requirements due to impaired ability to ingest or absorb food adequately.

(b) The department shall provide for vendor payment of enteral nutrition products, in accordance with rules and regulations of the department, when determined to be medically necessary on an individual, case-by-case basis and ordered by a physician in accordance with Rhode Island department of health form(s) on enteral nutrition products.

(c) Protocols for the use of enteral nutrition as a medically necessary treatment for malabsorption caused by Crohns disease, ulcerative colitis, gastroesophageal reflux, chronic intestinal pseudo-obstruction, and inherited diseases of amino acids and organic acids may be developed by the director. The determination of medical necessity for enteral nutrition products shall be based upon a combination of clinical data and the presence of indicators that would affect the relative risks and benefits of the products including, but not limited to:

(1) Enteral nutrition, whether orally or by tube feeding, is used as a therapeutic regimen to prevent serious disability or death in a person with a medically diagnosed condition that precludes the full use of regular food.

(2) The person presents clinical signs and symptoms of impaired digestion malabsorption, or nutritional risk, as indicated by the following anthropometric measures:

(i) Weight loss that presents actual or potential for developing malnutrition, as follows:

(A) In adults, showing involuntary or acute weight loss of greater than, or equal to, ten percent (10%) of usual body weight during a three-(3) to six-month (6) period, or body mass index (bmi) below 18.5 kg/m2;

(B) In neonates, infants, and children, showing:

(I) Very low birth weight (lbw), even in the absence of gastrointestinal, pulmonary, or cardiac disorders;

(II) A lack of weight gain, or weight gain less than two (2) standard deviations below the age-appropriate mean in a one-month period for children under six (6) months, or two-month (2) period for children aged six (6) to twelve (12) months;

(III) No weight gain or abnormally slow rate of gain for three (3) months for children older than one year, or documented weight loss that does not reverse promptly with instruction in appropriate diet for age; or

(IV) Weight for height less than the tenth (10th) percentile; and

(ii) Abnormal laboratory test pertinent to the diagnosis.

(3) The risk factors for actual or potential malnutrition have been identified and documented. Risk factors include, but are not limited to, the following:

(i) Anatomic structures of the gastrointestinal tract that impair digestion and absorption;

(ii) Neurological disorders that impair swallowing or chewing;

(iii) Diagnosis of inborn errors of metabolism that require medically necessary formula used for specific metabolic conditions and food products modified low in protein (for example, phenylketonuria (pku) tyrosinemia, homocystinuria, maple syrup urine disease, propionic aciduria and methylmalonic aciduria);

(iv) Prolonged nutrient losses due to malabsorption syndromes or short-bowel syndromes, diabetes, celiac disease, chronic pancreatitis, renal dialysis, draining abscess, or wounds, etc.;

(v) Treatment with anti-nutrient or catabolic properties (for example, anti-tumor treatments, corticosteroids, immunosuppressant, etc.);

(vi) Increased metabolic and/or caloric needs due to excessive burns, infection, trauma, prolonged fever, hyperthyroidism, or illnesses that impair caloric intake and/or retention; or

(vii) A failure-to-thrive diagnosis that increases caloric needs while impairing caloric intake and/or retention.

(4) A comprehensive medical history and a physical examination have been conducted to detect factors contributing to nutritional risk.

(5) Enteral nutrition is indicated as the primary source of nutritional support essential for the management of risk factors that impair digestion or malabsorption, and for the management of surgical preparation or postoperative care.

(6) A written plan of care has been developed for regular monitoring of signs and symptoms to detect improvement in the persons condition. Nutritional status should be monitored regularly:

(i) For improvements in anthropometric measures;

(ii) For improvements in laboratory test indicators; and

(iii) In children, to assess growth and weight for height.

(d) Enteral nutrition products shall not be considered medically necessary under certain circumstances including, but not limited to, the following:

(1) A medical history and physical examination have been performed and other possible alternatives have been identified to minimize nutritional risk.

(2) The person is underweight, but has the ability to meet nutritional needs through the use of regular food consumption.

(3) Enteral products are used as supplements to a normal or regular diet in a person showing no clinical indicators of nutritional risk.

(4) The person has food allergies, lactose intolerance, or dental problems, but has the ability to meet his or her nutritional requirements through an alternative food source.

(5) Enteral products are to be used for dieting or a weight-loss program.

(6) No medical history or physical examination has been taken and there is no documentation that supports the need for enteral nutrition products.
R.I. Gen. Laws § 40-11-12.1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12.1
§ 40-11-12.1. Family court review.
Status: in_force

(a) Within a period of twelve (12) months after a child is placed in the care of the department of children, youth and families pursuant to the provisions of this chapter or § 14-1-5, or §§ 42-72-14 and 14-1-11.1, and the child has resided in foster care or, pursuant to §§ 42-72-14 and 14-1-11.1, has resided in an out-of-home program that provides services for children with disabilities, including, but not limited to, residential-treatment programs, residential counseling centers, and therapeutic foster-care programs, the department of children, youth and families shall file a motion in the family court requesting a permanency hearing on the status of the child.

(b) Notice of the hearing, along with a copy of the motion, shall be served, in accordance with the rules of procedure of the family court, by the department upon all parties in interest.

(c) At the permanency hearing, all parties shall be allowed to be heard and the foster parents, any pre-adoptive parent, or relative providing care for the child shall be provided with notice of, may attend, and present a report, oral or written, containing recommendations as to the best interest of the child, except that this subsection shall not be construed to require that any foster parent, pre-adoptive parent, or relative providing care for the child be made a party to the review or hearing solely on the basis of such notice and opportunity to be heard.

(d) In determining its order of permanency, the court shall consider, among other things:

(1) The appropriateness of the departments plan for service to the child and parent;

(2) What services have been offered to strengthen and reunite the family;

(3) Where return home of the child is not likely, what efforts have been or should be made to evaluate or plan for other modes of care;

(4) Any further efforts that have been, or will be made, to promote the best interests of the child; and

(5) The childs health and safety shall be the paramount concern.

(e) At the conclusion of the hearing, the court shall, in accordance with the best interests of the child, enter an order of permanency:

(1) In the case of a child whose care and custody have been transferred to the department of children, youth and families, direct that the child be returned to, and safety maintained in, the home of the parent, guardian, or relative; or

(2) Direct that the childs placement in foster care continue on a long-term basis or that the child be placed in an independent-living facility; or

(3) Direct that foster care of the child and reunification efforts be continued if the department of children, youth and families, after a hearing, has demonstrated to the court that continuation of the child in foster care and continued reunification efforts for a determinate period is in the childs best interests. If the court does not return the child to the care and custody of the parent, guardian, or relative and the court does not direct that foster care of the child and reunification efforts be continued, the department shall institute a proceeding within thirty (30) days of the permanency hearing, pursuant to chapter 7 of title 15, to legally free the child for adoption; or

(4) In the case of a child with an emotional, behavioral, or mental disorder or developmental or physical disability who has, pursuant solely to §§ 42-72-14 and 14-1-11.1, been placed in an out-of-home program that provides services for children with disabilities, including, but not limited to, residential treatment programs, residential counseling centers, and therapeutic foster-care programs, shall determine whether the continuation of such placement is in the best interest of the child; or

(5) For a child who has been placed in foster care by the department for a period of twelve (12) consecutive months, the court shall order that the department institute proceedings for adoption of the child, except in the event that the court determines it is not in the best interest of the child due to one or more of the following factors:

(i) There is a substantial probability that the child shall be returned to the parent within the next three (3) months; or

(ii) The parent has maintained regular and consistent visitation and contact with the child, there is a relationship that is beneficial to the child, and there is a substantial probability that the child shall be returned to the parent within the next three (3) months; or

(iii) The child is in the care of a relative and the relative is not willing to adopt the child but is willing and capable of providing the child with a stable and permanent environment; or

(iv) Any other significant factor that the court finds would not be in the best interest of the child;

(v) The department has documented in the case plan, which shall be presented to the court, a compelling reason for determining that filing a petition for termination of parental rights and a petition for adoption would not be in the best interests of the child; or

(vi) The department has not provided to the family of the child, consistent with the time period in the case plan, the services as the department deems necessary for the safe return of the child to the childs home, if reasonable efforts are required to be made;

(6) In the case of a child who has been in foster care under the temporary custody or custody of the department for fifteen (15) of the most recent twenty-two (22) months, or if the court has determined a child to be abandoned or has made a determination that the parent has engaged in conduct toward any child of a cruel and abusive nature or that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the childs parents, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless:

(i) The child is being cared for by a relative;

(ii) The department has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing the petition would not be in the best interests of the child; or

(iii) The department has not provided to the family of the child, consistent with the time period in the case plan, such services as the department deems necessary for the safe return of the child to the childs home, if reasonable efforts are required to be made with respect to the child.

(f) The court shall possess continuing jurisdiction in proceedings under this section and, in the case of children who are continued in foster care or, pursuant to §§ 42-72-14 and 14-1-11.1, continued in an out-of-home program that provides services for children with disabilities, including, but not limited to, residential treatment programs, residential counseling centers, and therapeutic foster-care programs, shall conduct a further permanency hearing whenever it deems necessary or desirable, but at least every twelve (12) months. Nothing herein shall be construed to preclude the department from filing a termination of parental rights petition pursuant to the provisions of chapter 7 of title 15.

(g) Each child continued in foster care shall be afforded a permanency hearing not less frequently than every twelve (12) months during the continuation of foster care, which hearing shall determine the permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent or placed for adoption with the state filing a petition for termination of parental rights, or referred for legal guardianship, or that the child be placed in another planned permanent-living arrangement in cases where the department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, or be referred for termination of parental rights, or be placed for adoption, or be placed with a fit and willing relative, or with a legal guardian.

(h) For the purpose of this chapter, entering foster care is defined as placement of a child in the temporary custody or custody of the department in a foster family home or in a private or public childcare facility licensed by the state.
R.I. Gen. Laws § 40-9-11.4 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-11.4
§ 40-9-11.4. Compliance with chapter.
Status: in_force

To ensure that persons who are blind or visually impaired licensed as vending facility operators are afforded the maximum opportunity by which to engage in the conduct of vending within state buildings, it is hereby intended that all agencies, departments, and institutions comply with the provisions of this chapter.
R.I. Gen. Laws § 40-6-3 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3
§ 40-6-3. General public assistance.
Status: in_force

It is the purpose of this section to provide general public assistance to any person who is a resident of the state and who is eligible, in accordance with the rules and regulations of the department, and is in need; provided, further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, and benefits shall not be provided to illegal or undocumented aliens. In that there are limited resources available to meet the needs of the residents of this state and recognizing that needs of certain children and families have been provided by this state pursuant to chapter 5.1 of this title, it is the intent of this chapter that general public assistance shall not be provided to any individual who is eligible or who would, but for income and resources, be eligible for cash assistance pursuant to chapter 5.1 of this title and the rules and regulations of the department. General public assistance shall not be available to any individual who has been found eligible for supplemental security income (SSI) as provided in § 40-6-27, and the general public medical assistance, as provided for in this chapter, shall not be available to any individual who has been found eligible for medical assistance as provided pursuant to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as both of these programs are financed in part by the limited resources of this state.
R.I. Gen. Laws § 40-8-22 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-22
§ 40-8-22. Protection of resources  Long-term care insurance partnership program.
Status: in_force

(a) The department of human services shall coordinate a program entitled the Rhode Island Partnership for Long-Term Care whereby private insurance and funds may be utilized to finance long-term care. The department shall seek appropriate amendments to its state plan for medical assistance under Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act (Medicaid), or waivers of state plan requirements, to allow protection of resources and income pursuant to this section. The protection shall be provided, to the extent approved by the federal Centers for Medicare and Medicaid Services, for any purchaser of a precertified, long-term-care policy delivered, issued for delivery, or renewed and shall last for the life of the purchaser. Notwithstanding any provision of the general laws, the resources of an individual, to the extent the resources are equal to the amount of qualifying long-term-care insurance benefits payments provided pursuant to a policy of long-term-care insurance precertified in accordance with department regulations and chapter 34.2 of title 27, shall not be considered by the department in a determination of: (1) His or her eligibility for Medicaid; (2) The amount of any Medicaid payment; or (3) In any subsequent recovery by the state of a payment for medical services. The precertified policies shall be known as Medicaid qualifying long-term care partnership policies.

(b) The department shall count insurance benefit payments toward resource exclusion to the extent the payments: (1) Are for services covered under the state plan for medical assistance, including nursing home care, or formal services delivered to insureds in the community as part of a care plan; (2) Are for the lower of the actual charge or the amount paid by the insurance company; and (3) Are for services provided after the individual meets the coverage requirements for long-term-care benefits established by the department for this program. The department shall adopt rules and regulations to implement the provisions of this section and relating to determining eligibility of applicants for Medicaid and the coverage requirements for long-term-care benefits.
R.I. Gen. Laws § 40-6-28 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-28
§ 40-6-28. Interim cash assistance for individuals with disabilities.
Status: repealed

(a) Interim cash assistance payments shall be provided to individuals determined by the director, or his or her designee, to have applied for and to have been approved for medical assistance (Medicaid) under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and to have applied for and to be pursuing a claim for Supplemental Security Income benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.

(b) Interim cash assistance payments shall continue until the recipient of the payments receives disability benefits from the Social Security Administration, or until he or she has exhausted available administrative appeals. The individual may be required to present documentation that he or she is actively pursuing his or her claim.

(c) The department is authorized and directed to make payments of interim cash assistance to eligible recipients hereunder up to the standards of assistance established pursuant to § 40-6-3.3 [Repealed], and subject to the limits of the annual appropriation provided in subsection (f). In the event that the annual appropriation provided for in subsection (f) is not adequate for the provision of interim cash assistance payments to eligible individuals, the director is authorized to limit the amount and duration of the payments.

(d) The department is authorized to determine income- and resource-eligibility limits for the interim cash assistance program, provided that the limits shall be no stricter than those established pursuant to § 40-6-3.1.

(e) The department is directed to promulgate regulations to implement the interim cash assistance program, including provisions to ensure recoupment of cash assistance by the state upon a determination of a recipients eligibility for SSI benefits by the Social Security Administration.

(f) Out of the sum appropriated to the department of human services for general public assistance for the state fiscal year ending June 30, 1996, the sum of four hundred thousand dollars ($400,000), net of recoveries of disability benefits from the Social Security Administration, shall be used solely for the purposes and subject to the limitations as provided in this section, and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. The director is authorized to request appropriations for subsequent state fiscal years, as he or she deems necessary to carry out the purposes of this section.
R.I. Gen. Laws § 40-14-4 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-4
§ 40-14-4. Eligibility.
Status: in_force

Eligibility for loans from the fund shall be based upon need pursuant to rules and regulations promulgated by the director. It is the intent of the general assembly that loans from the fund be available to persons with disabilities whose personal financial resources are such that they cannot purchase the equipment directly without undue hardship.
R.I. Gen. Laws § 40-1-2 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-2
§ 40-1-2. Functions of advisory council.
Status: in_force

The council shall make suggestions to and shall advise the director of the department concerning the policies, rules, and regulations of the department. The council shall have no administrative power.
R.I. Gen. Laws § 40-11-12 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12
§ 40-11-12. Award of custody.
Status: in_force

(a) If the court shall find that a child is abused or neglected within the meaning of this chapter, the court shall by decree duly enter process as follows.

(b) Place the child under the supervision of the department in his or her own home if the court makes a determination that the child will be safely maintained in the home, or award the care, custody, and control of the child to the department upon terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents, or other person previously having custody or care of the child, under circumstances consistent with the childs safety.

(c) The court may require the parent, or person previously having custody, to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody.

(d) When a child has been placed in the care, custody, and control of the department pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power to appoint a guardian of the person of the child.

(e) No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department of children, youth and families.

(f) The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with the child and the childs parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, after a hearing on a motion for revocation, that continuation of the guardianship is not in the best interests of the child.

(g) Notice of any hearing on such motion shall be provided by the moving party to the department of children, youth and families, the court-appointed special advocate, the parent or guardian, and any and all other interested parties.
R.I. Gen. Laws § 40-3-1 — RI Code / Title 40 / Chapter 40-3 / Section 40-3-1
§ 40-3-1. Appointment of members.
Status: in_force

The governor is hereby authorized and directed to appoint a committee of twelve (12) duly qualified electors of this state to be known as the Rhode Island displaced persons committee. The members of the committee shall serve at the pleasure of the governor.
R.I. Gen. Laws § 40-11-15 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-15
§ 40-11-15. Religious practices.
Status: in_force

A parent or guardian practicing his or her religious beliefs that differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered a negligent parent or guardian. However, nothing in this section shall: (1) Prevent the child from being considered abused or neglected if the child is harmed, or threatened with harm, as described in § 40-11-2; or (2) Preclude the court from ordering medical services or nonmedical services recognized by the laws of this state to be provided to the child where his or her health requires it.
R.I. Gen. Laws § 40-11-2 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-2
§ 40-11-2. Definitions.
Status: in_force

When used in this chapter and unless the specific context indicates otherwise:

(1) Abused or neglected child means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare:

(i) Inflicts, or allows to be inflicted, upon the child physical or mental injury, including excessive corporal punishment; or

(ii) Creates, or allows to be created, a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

(iii) Commits, or allows to be committed, against the child an act of sexual abuse; or

(iv) Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

(v) Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the childs welfare loses his or her ability or is unwilling to properly care for the child; or

(vi) Abandons or deserts the child; or

(vii) Sexually exploits the child in that the person allows, permits, or encourages the child to engage in prostitution as defined by the provisions in § 11-34.1-1 et seq., entitled Commercial Sexual Activity; or

(viii) Sexually exploits the child in that the person allows, permits, encourages, or engages in the obscene or pornographic photographing, filming, or depiction of the child in a setting that, taken as a whole, suggests to the average person that the child is about to engage in, or has engaged in, any sexual act, or that depicts any such child under eighteen (18) years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

(ix) Commits, or allows to be committed, any sexual offense against the child as sexual offenses are defined by the provisions of chapter 37 of title 11, entitled Sexual Assault, as amended; or

(x) Commits, or allows to be committed, against any child an act involving sexual penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen (15) years or older, and (1) Force or coercion is used by the perpetrator, or (2) The perpetrator knows, or has reason to know, that the victim is a severely impaired person as defined by the provisions of § 11-5-11, or physically helpless as defined by the provisions of § 11-37-1(6).

(2) Child means a person under the age of eighteen (18).

(3) Child protective investigator means an employee of the department charged with responsibility for investigating complaints and referrals of child abuse and neglect and institutional child abuse and neglect.

(4) Childrens advocacy center (CAC) means a community-based organization that is a member of the Rhode Island chapter of children advocacy centers and an accredited member (or working toward accreditation) of the National Childrens Alliance.

(5) Department means department of children, youth and families.

(6) Educational program means any public or private school, including boarding schools, or any home-schooling program.

(7) Healthcare provider means any provider of healthcare services involved in the delivery or care of infants or care of children.

(8) Institution means any private or public hospital or other facility providing medical or psychiatric diagnosis, treatment, and care.

(9) Institutional child abuse and neglect means situations of known or suspected child abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent or the employee of a public or private residential childcare institution or agency; or any staff person providing out-of-home care or situations where the suspected abuse or neglect occurs as a result of the institutions practices, policies, or conditions.

(10) Law enforcement agency means the police department in any city or town or the state police.

(11) Mental injury includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability to think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury must be clearly attributable to the unwillingness or inability of the parent or other person responsible for the childs welfare to exercise a minimum degree of care toward the child.

(12) Person responsible for childs welfare means the childs parent; guardian; any individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian and has unsupervised access to a child; foster parent; an employee of a public or private residential home or facility; or any staff person providing out-of-home care (out-of-home care means child day care to include family day care, group day care, and center-based day care). Provided, further, that an individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian and has unsupervised access to the child, shall not have the right to consent to the removal and examination of the child for the purposes of § 40-11-6.

(13) Physician means any licensed doctor of medicine, licensed osteopathic physician, and any physician, intern, or resident of an institution as defined in subsection (8).

(14) Probable cause means facts and circumstances based upon as accurate and reliable information as possible that would justify a reasonable person to suspect that a child is abused or neglected. The facts and circumstances may include evidence of an injury, or injuries, and the statements of a person worthy of belief, even if there is no present evidence of injury.

(15) Shaken-baby syndrome means a form of abusive head trauma, characterized by a constellation of symptoms caused by other than accidental traumatic injury resulting from the violent shaking of or impact upon an infant or young childs head.
R.I. Gen. Laws § 40-6-17 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-17
§ 40-6-17. Receipt and use of federal funds.
Status: in_force

The state shall have authority to receive and expend through the department any funds that may become available from the federal government for public assistance purposes. The department, with the approval of the governor, shall have authority to meet federal requirements with respect to the administration of funds as may be set forth as conditions precedent to receiving the federal funds.
R.I. Gen. Laws § 40-6-7.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-7.1
§ 40-6-7.1. Expanded eligibility for pregnant women and young children.
Status: in_force

With respect to pregnant women and with respect to children under the age of five (5), the state hereby adopts the optional expanded income and resource eligibility standards set forth in amendments to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq. Pregnant women and children up to the age of five (5), in accordance with federal regulation, whose income is greater than the AFDC standard but less than the federal poverty level, are hereby declared to be eligible for medical assistance under this chapter.
R.I. Gen. Laws § 40-5-11 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-11
§ 40-5-11. Investigation of complaints.
Status: in_force

The superior court may, after ordering notice to the town of the pendency of the complaint, appoint a commission of not exceeding three (3) persons, who shall visit the pauper or paupers concerning whom the complaint is made and, upon hearing the allegations and evidence of the parties, report to the court, as soon as may be, whether or not the complaint is well founded.
R.I. Gen. Laws § 40-11-9 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-9
§ 40-11-9. Duties of law enforcement agency.
Status: in_force

Upon the receipt of a report concerning the alleged abuse or neglect of a child, it shall be the duty of the law enforcement agency to investigate further and to report the results of the investigation to the department and/or family court; provided, however, if there is reasonable cause to believe that a crime has been committed, the law enforcement agency shall report the result of the investigation to the department of attorney general. The investigation shall include personal contact with the child named in the report and any other children in the same household. The interviewing of the child, or children, if they are of the mental capacity to be interviewed, shall take place in the absence of the person or persons responsible for the alleged neglect or abuse.
R.I. Gen. Laws § 40-9-1 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-1
§ 40-9-1. Administrator  Other personnel and expenses  Appropriations  References to bureau for the blind.
Status: in_force

(a) The director of human services may appoint a man or a woman qualified by training and experience as administrator of services for people who are blind or visually impaired, to hold office during his or her pleasure, subject to the provisions of chapter 4 of title 36; employ assistants, teachers, and agents as may be necessary; fix their compensation within the amounts appropriated therefor; and incur other expenses as may be authorized by the general assembly. The general assembly shall annually appropriate a sum as it may deem necessary to pay the salary of the administrator, assistants, teachers, and agents.

(b) Whenever in any existing law the term bureau for the blind occurs, the term shall hereafter be construed to mean the department of human services.
R.I. Gen. Laws § 40-16-3 — RI Code / Title 40 / Chapter 40-16 / Section 40-16-3
§ 40-16-3. Open meetings.
Status: in_force

The board of directors of each health center receiving funds pursuant to this section shall annually conduct an open meeting in each neighborhood where a satellite health center is located. Notice of the open meetings provided for above shall be given in accordance with chapter 46 of title 42 required for public bodies. The purpose of these annual open meetings shall be to allow the public to express their views about the services provided by the health centers.
R.I. Gen. Laws § 40-6-16 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-16
§ 40-6-16. Fraudulent use of food stamps.
Status: in_force

(a) Any person who by any fraudulent device obtains, or attempts to obtain, or aids or abets any person to obtain, food stamps issued pursuant to the Food Stamp Act of 1964, as amended, 7 U.S.C. § 2011 et seq., shall be guilty of larceny, and upon conviction thereof, shall be punished by imprisonment of not more than five (5) years or by fine of not more than one thousand dollars ($1,000), or both, if the value of the food stamps to which one 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 both, if the value of the food stamps to which one is not entitled, shall not exceed five hundred dollars ($500).

(b) Upon conviction of the felony or misdemeanor, the individual shall be ineligible to participate in the food stamp program for not less than six (6) and not more than twenty-four (24) months, as determined by the court; provided, that the disqualification applies only to the individual so convicted and does not render the entire household ineligible for the program.
R.I. Gen. Laws § 40-2-20 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-20
§ 40-2-20. Compensation of officers and employees.
Status: in_force

The director shall fix the compensation of the officers and employees of the several institutions appointed under the authority of this chapter, and of the other institutions under his or her control, within the sum or sums appropriated to be expended for the purpose.
R.I. Gen. Laws § 40-6-27.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-27.1
§ 40-6-27.1. Supplementary cash assistance program for severely disabled and elderly residents.
Status: in_force

(a) There is hereby established a cash assistance program for disabled and elderly legal immigrant residents of the state who received a state supplementary assistance payment under § 40-6-27 on July 1, 1997, who are in need, and who become ineligible after July 1, 1997, for federally funded assistance under the Supplemental Security Income program, Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., due solely to the restricted eligibility rules imposed by § 402(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) [8 U.S.C. § 1612], and as such section may hereafter be amended.

(b) Benefits under this program shall be provided only to residents specified in subsection (a) who are aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and benefits shall not be provided to illegal or undocumented aliens.

(c) The income and resource rules, methodologies, and limits shall be the same as those in the Supplemental Security Income program, Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.

(d) The monthly amount of cash assistance shall be equal to the appropriate payment standard as provided in subsection (e) minus the countable income of the recipient in that month.

(e) The department is authorized and directed to make monthly payments of cash assistance to eligible recipients in accordance with the following standards of assistance:

(1) Institutionalized individuals, forty dollars ($40.00) per month;

(2) All other individuals, two hundred dollars ($200) per month.

(f) Individuals who are receiving a state supplementary assistance payment under § 40-6-27 on July 1, 1997, and who become ineligible for benefits under the Supplemental Security Income program, Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., due solely to their immigrant status shall be deemed eligible for supplementary cash assistance under this section and shall begin to receive payment in the month following the last month in which supplemental security income benefits under § 40-6-27 are received.

(g) The department is directed to promulgate regulations to implement the supplementary cash assistance program including provisions relating to the determination of eligibility, and providing recipients with advanced, written notification of a decision to reduce or terminate benefits. Any notice of a decision to reduce or terminate benefits shall include an explanation of the reasons therefore, and the notice shall advise the recipient of a right to appeal under the administrative procedures act, § 42-35-1 et seq.
R.I. Gen. Laws § 40-9-10.1 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-10.1
§ 40-9-10.1. Telephone access to information programs.
Status: in_force

(a) The department of human services shall establish, administer, and promote an adaptive telephone equipment loan program. The department of human services, with the assistance of the states adaptive telephone equipment loan program committee, established pursuant to § 39-23-1, shall also develop the appropriate rules, regulations, and service standards necessary to implement the provisions of this subsection.

(b) The department of human services shall establish, administer, and promote a program to provide telephone access to the text of newspaper programs to residents who are blind, deaf/blind, visually impaired, or reading impaired with a single-party telephone line. The department of human services, with the assistance of the governors advisory council for the blind, shall also develop the appropriate rules, regulations, and service standards necessary to implement the provisions of this subsection.
R.I. Gen. Laws § 40-11-7.2 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-7.2
§ 40-11-7.2. Evidence.
Status: in_force

(a) A videotape recording made by the department of children, youth and families, a law enforcement officer, a hospital, or a childrens advocacy center of an interview of or statement made by a child who is the subject of an investigation conducted pursuant to § 40-11-7 is admissible in any court proceeding pursuant to this chapter, notwithstanding any objection to hearsay statements contained therein, provided it is relevant and material and provided its probative value substantially outweighs the danger of unfair prejudice to the childs parent, guardian, or other person responsible for the childs welfare. The circumstances of the making of the videotape recording, including the makers lack of personal knowledge, may be proved to affect its weight.

(b) Prior to the videotaped recording being introduced into evidence the court shall first determine that:

(1) The statement is sworn to under oath by the child and the significance of the oath is explained to the child;

(2) The recording is both visual and aural and is recorded on film or videotaped or by other electronic means;

(3) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;

(4) Every voice on the recording is identified;

(5) The statement was not made in response to questioning calculated to lead the child to make a particular statement;

(6) The person conducting the interview of the child is available to testify at any court proceeding pursuant to this chapter; and

(7) The child shall be available to testify at any court proceeding pursuant to this chapter.
R.I. Gen. Laws § 40-6-3.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.1
§ 40-6-3.1. Eligibility for general public assistance.
Status: repealed

(a) The state, acting by and through the department, shall provide assistance (in the form specified in §40-6-3.2) to residents of the state found by the department, in accordance with this chapter and rules and regulations of the department, to be eligible for general public assistance; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, and benefits shall not be provided to illegal or undocumented aliens.

(b) Individuals eligible for GPA.(1) General public assistance shall be provided to the following individuals and families provided all other eligibility requirements of this chapter are met: Individuals age eighteen (18) or older, provided that they do not have a dependent child who is living in his or her home, and provided that they are determined by the department, in accordance with this chapter and departmental regulations, to be suffering from an illness, injury, or medical condition as determined by physical examination by a licensed physician, that is reasonably expected to last for a period of at least thirty (30) days from the date the application for general public assistance is filed with the department and that precludes the individual from working. The illness, injury, or medical condition may be based on a primary diagnosis of alcoholism or substance abuse. The total physical or mental incapacity shall be verified by a medical practitioner and/or a qualified substance abuse counselor designated by the department, within forty-five (45) days of the date the individual is found by the department to be totally incapacitated. If total physical or mental incapacity cannot be reasonably verified, then the individual shall not be eligible for general public assistance under this subsection.

(2) The department shall provide an application for medical assistance (Medicaid) benefits to each applicant for general public assistance and shall use a uniform medical form for both programs to secure information from the applicants treating physician. A decision on the application for general public assistance shall be made within thirty (30) days of receipt of a completed application.

(3) Individuals found eligible on the basis of illness, injury, or medical condition under subsection (b) shall be eligible for assistance only in the forms specified in §40-6-3.2(a)(2) and (a)(3), and only for an initial period of up to six (6) months, renewable for a period of up to an additional six (6) months. In order to receive assistance for a period greater than twelve (12) months, individuals must reapply for general public assistance.

(c) Resources. Ownership of real or personal property shall disqualify individuals from receiving general public assistance; provided, however, that the following property or resources owned by the individuals shall be exempted:

(1) A home occupied by the individuals;

(2) One motor vehicle having an equity value not exceeding four thousand six hundred fifty dollars ($4,650) or 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;

(3) Cash or liquid assets not exceeding four hundred dollars ($400);

(4) Such tools of the trade not to exceed an aggregate value of one thousand dollars ($1,000) and household furnishings and effects as the director shall determine by regulation.

(d) Income. (1)(i) Income shall not disqualify an individual from receiving general public assistance provided that the income, as defined and determined by the department, is within the income limitations established by the regulations of the department.

(ii) Pursuant to the purposes set forth in §40-6-3 and notwithstanding the provisions of §40-6-3.3 [Repealed], individuals found ineligible for cash assistance under chapter 5.1 of this title due to provisions of the chapter regarding alien sponsors, the deeming of alien sponsor income or the deeming of stepparent income, shall not be eligible for general public assistance.

(2) Notwithstanding the provisions of §40-6-3.3 [Repealed], the receipt of lump-sum income shall disqualify an individual from receiving general public assistance.

(3) The department shall promulgate rules and regulations regarding the treatment of lump-sum income.

(e) Postsecondary education. (1) An individual age eighteen (18) or older, attending a school, college, or university as a full-time student or attending a full-time program of vocational or technical training, all beyond the level of secondary education, shall not be eligible for general public assistance under this chapter, excepting, however, those individuals active as students with the departments vocational rehabilitation programs who have been certified as unemployable by the department.

(2) Notwithstanding the foregoing prohibition, an individual, age eighteen (18) or older, pursuing a course of study on a part-time basis beyond the level of secondary education, may be eligible for general public assistance, provided the student remains available for and is actively seeking employment, and provided that the individual meets all other eligibility requirements for general public assistance pursuant to this chapter.

(f) Cooperation in applying for SSI and medical assistance. All applicants and recipients of general public assistance shall, within thirty (30) days of application for general public assistance or notice from the department, be required to apply for and cooperate in the determination for benefits under the federal Supplemental Security Income (SSI) program and/or medical assistance, as provided pursuant to Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., provided the applicant or recipient is determined by the department to be potentially eligible for benefits.

(g) Report of income or resources by recipients. If, at any time during the receipt of general public assistance, 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 of this fact immediately on the receipt or possession of additional income or resources.
R.I. Gen. Laws § 40-6-12.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-12.1
§ 40-6-12.1. Warrants  Release of information.
Status: repealed

(a) The department of human services shall provide to the statewide warrant squad the current address of any individual if all of the following conditions are met:

(1) There is an outstanding arrest warrant or body attachment issued by a state court in Rhode Island for the individual; and

(2) The individual is a fugitive felon as defined by the department in accordance with 42 U.S.C. § 608(a)(9); and

(3) The individual is receiving general public assistance, or cash assistance under chapter 5.1 of this title either for himself or herself or his or her dependents; and

(4) The law enforcement officer seeking the information certifies in writing that an attempt by the warrant squad to locate and apprehend that individual has been unsuccessful; and

(5) The warrant squad provides the department the name, date of birth, and social security number of the individual.

(b) If all the above conditions are met, the department shall release the address upon the request and certification of the officer, and a release pursuant to this section shall not constitute a violation of §§ 40-6-12, 40-5.1-31 [repealed], or 38-2-2(4).
R.I. Gen. Laws § 40-1-1 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-1
§ 40-1-1. Advisory council  Appointment of members.
Status: in_force

(a) Within the department of human services there shall be an advisory council consisting of nine (9) qualified electors of the state, who shall be appointed by the governor as provided in this section. In the month of February in each year the governor shall appoint a member, or members, of the council, each 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 shall next expire.

(b) Any vacancy that may occur in the council shall be filled by appointment by the governor for the remainder of the unexpired term and members of the council shall be chosen with due regard to their knowledge of social welfare problems and the director of the department shall designate some person to act as secretary of the council.

(c) The council shall meet at least four (4) times during any one year and at such additional times as the director of the department shall designate. The members of the council shall elect one of their members as chairperson upon the appointment of any new member for a full term and whenever the office becomes vacant.
R.I. Gen. Laws § 40-9-9 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-9
§ 40-9-9. Cooperation with department of elementary and secondary education.
Status: in_force

The department of elementary and secondary education and the department of human services shall cooperate in measures for the prevention of blindness, the restoration of eyesight, and vocational adjustment of blind and visually impaired persons.
R.I. Gen. Laws § 40-9-12 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-12
§ 40-9-12. Agreements as to business enterprises program.
Status: in_force

The state department of human services is hereby authorized to enter into agreements with the department of elementary and secondary education, and/or its office of vocational rehabilitation for cooperation in the business enterprises program, and, from time to time, to amend the agreements; provided, any agreement or amendment shall be subject to the approval of the commissioner of elementary and secondary education and the governor.
R.I. Gen. Laws § 40-8-16 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-16
§ 40-8-16. Notification of long-term care alternative.
Status: in_force

(a) The department of human services, before authorizing care in a nursing home or intermediate-care facility for a person who is eligible to receive benefits pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., and who is being discharged from a hospital to a nursing home, shall notify the person, in writing, of the provisions of the long-term-care alternative, a home- and a community-based program.

(b) If a person, eligible to receive benefits pursuant to Title XIX of the federal Social Security Act, requires services in a nursing home and desires to remain in his or her own home or the home of a responsible relative or other adult, the person or his or her representative shall so inform the department.

(c) The department shall not make payments pursuant to Title XIX of the federal Social Security Act for benefits until written notification documenting the persons choice as to a nursing home or home- and community-based services has been filed with the department.
R.I. Gen. Laws § 40-5-17 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-17
§ 40-5-17. Limitation of proceedings.
Status: in_force

An assessment shall not extend to any expense for any relief afforded more than six (6) months previous to the filing of the petition.
R.I. Gen. Laws § 40-19-1 — RI Code / Title 40 / Chapter 40-19 / Section 40-19-1
§ 40-19-1. Legislative findings.
Status: in_force

The general assembly finds:

(1) In 1988, there were one thousand four hundred sixty-one (1,461) births to adolescents under the age of twenty (20) in the state.

(2) Adolescents coping with a pregnancy have a greater risk than the average pregnant woman for:

(i) Inadequate nutrition;

(ii) Prenatal care starting well into the second trimester;

(iii) Living in poverty households; and finally

(iv) More likely to drop out of school.

(3) The literature on adolescents also shows an increase in drug and alcohol use and a rise in depression and suicide.

(4) The student dropout rates in the state are as follows:

(5) Pregnant and parenting adolescent students face more educational barriers due to students high absenteeism, inattentiveness in class, have increased problems of illiteracy and lack the motivation to stay in school during the pregnancy or to return to school after the infant is born.

(6) A prime factor in parenting students dropping out of school is the absence of child care, either in the school, community, or home.

(7) In the fourteen (14) adolescent pregnancy and parenting programs that currently exist in the state, four (4) of which also have childcare centers, the following is evident:

(i) In 1988, thirty-three percent (33%) or four hundred seventy-five (475) out of one thousand four hundred sixty-one (1,461) pregnant adolescents receive community-based services; and

(ii) In 1988, sixty-seven percent (67%) or nine hundred eighty-six (986) out of one thousand four hundred sixty-one (1,461) pregnant adolescents do not receive any community-based services.

(8) That of the clients currently enrolled in services in the state the following is established:

(i) In some communities the dropout rate for pregnant students has completely reversed from eighty percent (80%) drop out to ninety percent (90%) graduates; and

(ii) Statewide, programs have demonstrated a thirty-five percent (35%) increase in education from intake into programs; and

(iii) Students who have child care are more likely to return to school after the pregnancy and remain until graduation; and

(iv) Adolescent parents equipped with a high school diploma are more likely to be self-sufficient, capable parents able to find and keep employment while caring for their family and less likely to need public assistance on a long-term basis.

(9) The long-term cost savings are significant as comparisons are made between the cost of providing services to each pregnant and parenting adolescent as one thousand six hundred forty two dollars ($1,642) yearly with an additional cost for daycare services on site in school based programs of three thousand one hundred fifteen dollars ($3,115) yearly as compared to the cost of providing welfare, food stamps, and medical assistance to each client on a yearly basis of eight thousand four hundred dollars ($8,400).

(10) The long-term cost savings is significant as adolescent mothers equipped with a high school diploma are more able to find employment, continue career options, and care for themselves and child, therefore becoming less dependent on public assistance (income maintenance) after graduation.

(11) Rhode Island must provide the earliest possible support to pregnant adolescents for reasons both of compassion and cost-effectiveness.
R.I. Gen. Laws § 40-11-20 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-20
§ 40-11-20. Military family advocacy program.
Status: in_force

(a) The department shall enter into a memorandum of understanding with the military family advocacy program at a local military installation with respect to child abuse and neglect investigations.

(b) Such memorandum of understanding shall establish procedures and protocols for matters including, but not limited to:

(1) Identifying an individual alleged to have committed abuse or neglect as military personnel;

(2) Reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and

(3) Maintaining confidentiality requirements under state and federal law.

(c) For the purposes of this section, military family advocacy program means the program established by the United States Department of Defense to address child abuse and neglect in military families.
R.I. Gen. Laws § 40-1-10 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-10
§ 40-1-10. Transfer of functions from the department of community affairs.
Status: in_force

(a) There is hereby transferred to the department of human services those functions formerly administered by the department of community affairs relating to:

(1) Administrative support to federal grants;

(2) Community services block grants;

(3) Domestic violence project;

(4) Community agency liaison and funding (women and human services);

(5) Community agency liaison and funding (energy and community services);

(6) Displaced homemaker centers;

(7) Federal surplus commodity distribution;

(8) Health center grants;

(9) Community action fund;

(10) Commission on Indian affairs.

(b) In addition to any of its other powers and responsibilities, the department is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the department, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States, or any agency thereof, as may be necessary in the manner and degree as shall be deemed to be in the best interests of the state. The proceeds of grants so received shall be paid to the general treasurer of the state and by him or her deposited in a separate fund and shall be utilized for the purposes of the grant or grants.
R.I. Gen. Laws § 40-6-23 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-23
§ 40-6-23. Release of wage and earnings information.
Status: in_force

(a) Notwithstanding any other provisions of law, every employer or payor of earnings shall make available to the department, upon written request by the department, any wage or earnings information in its possession, regarding an employee, former employee, or person providing goods or services who is a recipient, an applicant, or former recipient for assistance under the provisions of this chapter.

(b) Any employer or payor who refuses to make available wage or earnings information shall be guilty of a misdemeanor, and shall be fined not more than five hundred dollars ($500) or shall be imprisoned for not more than six (6) months, or both.
R.I. Gen. Laws § 40-6-3.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.2
§ 40-6-3.2. Form of assistance.
Status: in_force

(a) General public assistance shall be provided in the form of:

(1) Financial assistance payable by check;

(2) Beginning on July 1, 1992, each hospital licensed under chapter 17 of title 23, other than state-operated hospitals, shall provide free services and charity care for reasonable and necessary inpatient and outpatient hospital services as the department by regulation requires to serve all persons seeking services from the hospital who are determined to be eligible for general public assistance. The latter shall be treated as free service and charitable care. Each hospital shall, in addition, continue to provide free services and charitable care to other persons in accordance with each hospitals charter and mission statement and with §§ 23-17-19.1(13) and 23-17-26. Eligibility for general public assistance shall be determined by the department of human services. Each hospital required under this section to provide services to individuals eligible for general public assistance shall, upon request of the auditor general of the state, provide the auditor general with information as he or she shall request regarding the services provided. The auditor general shall make annual reports to the finance committees of the Rhode Island house and senate on general public assistance hospital care. The obligations of hospitals under this section shall terminate when vendor payments for hospitals have been restored;

(3) Vendor payment of medical assistance as the department by regulation determines for only the following reasonable and necessary medical services: Outpatient physician services and a limited formulary of prescription drugs to be established by the department, when the services and drugs are provided in, or approved by, an authorized health center, or by such other providers and at such locations as may, from time to time, be designated by the department. No payment shall be made for medical expenses incurred prior to the date the individual makes written application for assistance.

(b) The department is authorized to promulgate rules and regulations to detect and prevent program abuse by recipients and providers of assistance.
R.I. Gen. Laws § 40-5-16 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-16
§ 40-5-16. Proceedings against kindred not named in citation.
Status: in_force

Upon suggestion made, other kindred of ability, not named in the citation, may be notified, and the process may be continued; and upon due notice, whether they appear or are defaulted, the court may proceed against them in the same manner as if they had been named in the citation.
R.I. Gen. Laws § 40-6-27 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-27
§ 40-6-27. Supplemental Security Income.
Status: in_force

(a)(1) The director of the department is hereby authorized to enter into agreements on behalf of the state with the Secretary of the Department of Health and Human Services or other appropriate federal officials, under the Supplemental Security Income (SSI) program established by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration and determination of eligibility for SSI benefits for residents of this state, except as otherwise provided in this section. The states monthly share of supplementary assistance to the Supplemental Security Income program shall be as follows:

(i) Individual living alone: $39.92

(ii) Individual living with others: $51.92

(iii) Couple living alone: $79.38

(iv) Couple living with others: $97.30

(v) Individual living in state-licensed assisted-living residence: $332.00

(vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.]

(vii) Individual living in state-licensed supportive residential-care settings that, depending on the population served, meet the standards set by the department of human services in conjunction with the department of children, youth and families, the office of healthy aging, and/or the department of behavioral healthcare, developmental disabilities and hospitals: $300.00.

Provided, however, that the department of human services shall, by regulation, reduce, effective January 1, 2009, the states monthly share of supplementary assistance to the Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the same value as the annual federal cost of living adjustment to be published by the federal Social Security Administration in October 2008 and becoming effective on January 1, 2009, as determined under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in the states monthly share shall not cause a reduction in the combined federal and state payment level for each category of recipients in effect in the month of December 2008; provided further, that the department of human services is authorized and directed to provide for payments to recipients in accordance with the above directives.

(2) As of July 1, 2010, state supplement payments shall not be federally administered and shall be paid directly by the department of human services to the recipient.

(3) Individuals living in institutions shall receive a forty-five dollar ($45.00) per-month personal needs allowance from the state that shall be in addition to the personal needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.

(4) Individuals living in state-licensed supportive residential-care settings and assisted-living residences who are receiving SSI supplemental payments under this section shall be allowed to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established in an administrative rule promulgated by the secretary of the executive office of health and human services for persons eligible to receive Medicaid-funded long-term services and supports in the settings identified in subsection (a)(1)(v).

(5) The department is authorized and directed to make a determination of the medical need and whether a setting provides the appropriate services for those persons who:

(i) Have applied for or are receiving SSI, and who apply for admission to supportive residential-care settings and assisted-living residences on or after October 1, 1998; or

(ii) Who are residing in supportive residential-care settings and assisted-living residences, and who apply for or begin to receive SSI on or after October 1, 1998.

(6) The process for determining medical need required by subsection (a)(5) of this section shall be developed by the executive office of health and human services in collaboration with the departments of that office and shall be implemented in a manner that furthers the goals of establishing a statewide coordinated long-term-care entry system as required pursuant to the Medicaid section 1115 waiver demonstration.

(7) To assure access to high-quality, coordinated services, the executive office of health and human services is further authorized and directed to establish certification or contract standards that must be met by those state-licensed supportive residential-care settings, including adult supportive-care homes and assisted-living residences admitting or serving any persons eligible for state-funded supplementary assistance under this section. The certification or contract standards shall define:

(i) The scope and frequency of resident assessments, the development and implementation of individualized service plans, staffing levels and qualifications, resident monitoring, service coordination, safety risk management and disclosure, and any other related areas;

(ii) The procedures for determining whether the certifications or contract standards have been met; and

(iii) The criteria and process for granting a one-time, short-term good-cause exemption from the certification or contract standards to a licensed supportive residential-care setting or assisted-living residence that provides documented evidence indicating that meeting, or failing to meet, the standards poses an undue hardship on any person eligible under this section who is a prospective or current resident.

(8) The certification or contract standards required by this section shall be developed in collaboration by the departments, under the direction of the executive office of health and human services, so as to ensure that they comply with applicable licensure regulations either in effect or in development.

(b) The department is authorized and directed to provide additional assistance to individuals eligible for SSI benefits for:

(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature, which is defined as a fire or natural disaster; and

(2) Lost or stolen SSI benefit checks or proceeds of them; and

(3) Assistance payments to SSI-eligible individuals in need because of the application of federal SSI regulations regarding estranged spouses; and the department shall provide the assistance in a form and amount that the department shall by regulation determine.
R.I. Gen. Laws § 40-21-2 — RI Code / Title 40 / Chapter 40-21 / Section 40-21-2
§ 40-21-2. Fee-for-service program.
Status: in_force

The Department of Human Services is hereby authorized and directed to amend its 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 fee-for-service program prescription drug reimbursement formula to establish a ceiling equivalent to the combination of the manufacturers wholesale acquisition cost and a dispensing fee of three dollars and forty cents ($3.40) for outpatient prescriptions and two dollars and eighty-five cents ($2.85) for long-term-care prescriptions.
R.I. Gen. Laws § 40-1-12 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-12
§ 40-1-12. Displaced homemaker defined.
Status: in_force

As used in this chapter, unless the context requires otherwise, displaced homemaker means a person who:

(1) Worked in the home for a substantial number of years providing unpaid household services for family members;

(2) Who is not gainfully employed;

(3) Has or would have difficulty in securing employment; and

(4) Was dependent on the income of another family member but is no longer supported by the income, or was dependent on assistance from the state or federal government but is no longer eligible for assistance for reasons other than willful failure to comply with rules and regulations.
R.I. Gen. Laws § 40-11-5 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-5
§ 40-11-5. Protective custody by physician or law enforcement officer.
Status: in_force

(a) Any physician or duly certified registered nurse practitioner treating a child who has suffered physical injury that appears to have been caused by other than accidental means, or a child suffering from malnutrition or sexual molestation, shall have the right to keep the child in the custody of a hospital or any licensed childcare center or facility for no longer than seventy-two (72) hours, with or without the consent of the childs parents or guardian, pending the filing of an ex-parte petition to the family court. The expense for that temporary care shall be paid by the parents or legal guardian of the child or, if they are unable to pay, by the department.

(b) Any police or law enforcement officer may take a child into protective custody without the consent of the parents, or others exercising control over the child.

(c) If the officer has reasonable cause to believe that there exists an imminent danger to the childs life or health unless he or she is taken into protective custody, the officer shall immediately notify and place the child with the director of the department of children, youth and families, or his or her designated agent, who shall care for the child; provided, however, that no child may be detained in protective custody longer than forty-eight (48) hours without the express approval of a justice of the family court.

(d) Any child protective investigator or social caseworker II employed by the department, may take a child into temporary protective custody without the consent of his or her parent or other person responsible for the welfare of the child, if the investigator or social caseworker II has reasonable cause to believe that the child or his or her sibling has been abused and/or neglected and that continued care of the child by his or her parent or other person responsible for the childs welfare will result in imminent further harm to the child. The investigator or social caseworker II shall have the child examined by a licensed physician or duly certified registered nurse practitioner within twenty-four (24) hours in accordance with the provisions of § 40-11-6(c); and, provide further, that the child shall not be detained in protective custody longer than forty-eight (48) hours without the expressed approval of a justice of the family court.
R.I. Gen. Laws § 40-11-11 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-11
§ 40-11-11. Abrogation of privileged communications.
Status: in_force

The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required by this chapter; failure to cooperate with the department in its activities pursuant to this chapter; or failure to give or accept evidence in any judicial proceeding relating to child abuse or neglect. In any family court proceeding relating to child abuse or neglect, notwithstanding the provisions of chapter 37.3 of title 5, or the provisions of § 9-17-24, no privilege of confidentiality may be invoked with respect to any illness, trauma, incompetency, addiction to drugs, or alcoholism of any parent.
R.I. Gen. Laws § 40-8-26 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-26
§ 40-8-26. Community health centers.
Status: in_force

(a) For the purposes of this section, the term community health centers refers to federally qualified health centers and rural health centers.

(b) To support the ability of community health centers to provide high-quality medical care to patients, the executive office of health and human services (executive office) may adopt and implement an alternative payment methodology (APM) for determining a Medicaid per-visit reimbursement for community health centers that is compliant with the prospective payment system (PPS) provided for in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000. The following principles are to ensure that the APM PPS rate determination methodology is part of the executive office overall value purchasing approach. For community health centers that do not agree to the principles of reimbursement that reflect the APM PPS, EOHHS shall reimburse such community health centers at the federal PPS rate, as required per section 1902(bb)(3) of the Social Security Act, 42 U.S.C. § 1396a(bb)(3). For community health centers that are reimbursed at the federal PPS rate, subsections (d) through (f) of this section apply.

(c) The APM PPS rate determination methodology will (i) Fairly recognize the reasonable costs of providing services. Recognized reasonable costs will be those appropriate for the organization, management, and direct provision of services and (ii) Provide assurances to the executive office that services are provided in an effective and efficient manner, consistent with industry standards. Except for demonstrated cause and at the discretion of the executive office, the maximum reimbursement rate for a service (e.g., medical, dental) provided by an individual community health center shall not exceed one hundred twenty-five percent (125%) of the median rate for all community health centers within Rhode Island.

(d) Community health centers will cooperate fully and timely with reporting requirements established by the executive office.

(e) Reimbursement rates established through this methodology shall be incorporated into the PPS reconciliation for services provided to Medicaid-eligible persons who are enrolled in a health plan on the date of service. Monthly payments by the executive office related to PPS for persons enrolled in a health plan shall be made directly to the community health centers.

(f) Reimbursement rates established through this methodology shall be incorporated into the actuarially certified capitation rates paid to a health plan. The health plan shall be responsible for paying the full amount of the reimbursement rate to the community health center for each service eligible for reimbursement under the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000. If the health plan has an alternative payment arrangement with the community health center the health plan may establish a PPS reconciliation process for eligible services and make monthly payments related to PPS for persons enrolled in the health plan on the date of service. The executive office will review, at least annually, the Medicaid reimbursement rates and reconciliation methodology used by the health plans for community health centers to ensure payments to each are made in compliance with the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000.
R.I. Gen. Laws § 40-11-7.1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-7.1
§ 40-11-7.1. Family court proceedings.
Status: in_force

(a) The family court shall, upon the filing of an ex parte petition, hereunder, immediately take any action it deems necessary or appropriate for the protection of the child, or children, suspected of being abused or neglected, including the removal of the child, or children, from the custody of the parent, or parents, or other person suspected of the abuse or neglect.

(b) A hearing on the petition shall be held within seven (7) days from the filing thereof, for the court to:

(1) Advise the parent, or parents, or other person having care of the child, of the allegations contained in the petition;

(2) Enter either a denial or admission of the allegations contained in the petition;

(3) Ensure that a guardian ad litem and/or a court-appointed special advocate has been appointed to represent the child;

(4) Appoint an attorney to represent the parent, or parents, or any other person having care of the child, alleged to have abused or neglected a child when the parent or custodian is unable to afford representation, as determined by the court;

(5) Advise the parent, or parents, or any other person having care of the child, of his or her right to a probable cause hearing on the ex parte petition to be held as soon as practicable but no later than ten (10) days from the date of the request;

(6) Make inquiry of the mother of the child to determine the identity of the biological father of the child, if necessary;

(7) In the event that a person named as a putative father appears and denies that he is the biological father of the child, the court shall direct that any such putative father execute a written denial of paternity setting forth the implications of the denial in a form to be adopted by the family court in accordance with the provisions of this section. Execution of the document by the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution of the denial of paternity form, the court shall find that the department has no duty to make reasonable efforts to strengthen and encourage the relationship between the child and that putative father and the lack of such efforts may not be cited for any purpose by the putative father in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of chapter 7 of title 15 or chapter 8 of title 15;

(8) Make any interim orders in its discretion respecting the rights of the child.

(c) The family court, upon identification of an alleged biological father by the mother of the child, shall order service of the petition and notice of hearing date to be made upon him in accordance with the rules of juvenile proceedings.

(1) If an alleged putative father appears at the hearing or appears at any subsequent hearing and denies paternity, the court shall direct that any such putative father execute a written denial of paternity setting forth the implications of the denial in a form to be adopted by the family court in accordance with the provisions of this section. Execution of the document by the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution of the denial of paternity form, the court shall make a finding that the department has no duty to make reasonable efforts to strengthen and encourage the relationship between the child and that putative father and the lack of such efforts may not be cited for any purpose by the putative father in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of chapter 7 of title 15 or the provisions of chapter 8 of title 15.

(2) If an alleged putative father appears and neither admits nor denies paternity, the department of children, youth and families shall, within five (5) days, refer the putative father to the department of human services for a determination of paternity in accordance with chapter 8 of title 15.

(3) If a putative father, having been duly served with notice, fails to appear, the court shall find that the department has no duty to make reasonable efforts to strengthen and encourage the relationship between the child and the putative father and the lack of such efforts may not be cited for any purpose in any future proceedings conducted pursuant to the provisions of this chapter, the provisions of chapter 7 of title 15 or the provisions of chapter 8 of title 15.

(d) Execution of a written denial of paternity pursuant to this chapter shall have no legal effect on paternity or child support proceedings commenced under chapter 8 of title 15.

(e) At the probable cause hearing, credible hearsay evidence may, in the discretion of the court, be admissible. The petitioner may submit a signed physicians report that, while not conclusive, shall constitute prima facie evidence to support continued detention of the child pursuant to the ex parte order pending a trial on the merits.
R.I. Gen. Laws § 40-22-1 — RI Code / Title 40 / Chapter 40-22 / Section 40-22-1
§ 40-22-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Food Stamp Employment and Training Program.
R.I. Gen. Laws § 40-15-3 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-3
§ 40-15-3. Financial responsibility.
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the laws of this state fixing responsibility for the support of children may be invoked.
R.I. Gen. Laws § 40-18-3 — RI Code / Title 40 / Chapter 40-18 / Section 40-18-3
§ 40-18-3. Patient assessment and provision of services.
Status: in_force

(a) The services defined and delineated in § 40-18-2 shall be provided only to those hospitalized patients who are medically eligible for placement in a skilled nursing facility and/or intermediate-care facility. Provision of long-term home healthcare services paid for by government funds shall be based upon, but not limited to, a comprehensive assessment that shall include, but not be limited to, an evaluation of the medical, social, and environmental needs of each applicant for the services or program. This assessment shall also serve as the basis for the development and provision of an appropriate plan of care for the applicant. In cases in which the applicant is a patient in a hospital, the assessment shall be completed by persons designated by the director, including, but not limited to, the applicants physician, the discharge coordinator of the hospital, and a representative of the department of human services.

(b) Continued provision of long-term home healthcare services paid for by government funds shall be based upon a comprehensive assessment of the medical, social, and environmental needs of the recipient of the services. The assessment shall be performed at least every one hundred eighty (180) days by the department of human services.
R.I. Gen. Laws § 40-6-5.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-5.2
§ 40-6-5.2. Cashing of AFDC, GPA checks.
Status: in_force

(a) For the purposes of this section, the term banking institution shall mean: (1) Any state or federally chartered bank, savings bank, loan and investment bank, or credit union located within this state; and (2) Any currency-exchange specialist located within this state and enrolled with the department of human services pursuant to regulations to be adopted by the department.

(b) Each banking institution shall cash, at its main office or any of its branch offices within the state, any check drawn by the state and payable within the state to a recipient of aid to families with dependent children (AFDC) or general public assistance (GPA), if the check is negotiated to the banking institution by the original payee of the check, and if the payee produces reasonable identification required by this section and as provided for in regulations adopted pursuant to subsection (d) hereof.

(c) Nothing in this section shall be interpreted as limiting any rights the banking institution may have against the payee by contract or at law, with regard to items that are negotiated to it as provided for in this section, that are not paid upon presentment, or where the payee breaches a warranty made under § 6A-3-417. This section shall not apply to any check negotiated to a banking institution if the institution has reason to believe that the check will not be paid on presentment or that the tendering party may be in breach of one or more of the warranties contained in § 6A-3-417.

(d) Provided that a banking institution properly employed the identification procedures prescribed in regulations adopted pursuant to this subsection at the time an AFDC or GPA check was cashed by such institution, the state shall honor and make payment on the AFDC or GPA check, and the banking institution shall not be liable to reimburse the state for a loss incurred as a result of the wrongful payment of a check by the banking institution. The director of the department of human services shall adopt regulations specifying: (1) The forms of reasonable identification that a banking institution shall accept when cashing an AFDC or GPA check pursuant to subsection (b); and (2) The identification procedures the institution must employ to receive payment thereon and to avoid liability for the wrongful payment of any such check. The regulations shall provide that the forms of reasonable identification shall include, but need not be limited to: (i) An AFDC or GPA photo-identification card issued by the department of human services; (ii) A valid identification card issued by the administrator of the division of motor vehicles pursuant to § 3-8-6; (iii) A valid drivers license; (iv) An identification card issued by the office of healthy aging; and (v) A valid identification card issued by the United States Immigration and Naturalization Service.

(e) The department of human services shall issue a stop-payment order with respect to any AFDC or GPA check reported as lost, stolen, or undelivered. The department of human services shall not issue a replacement AFDC or GPA check for a period of three (3) business days from the date of the report of such loss, theft, or nondelivery.
R.I. Gen. Laws § 40-2-15 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-15
§ 40-2-15. Treatment and isolation of diseased residents  Detention after time for release.
Status: in_force

Every inmate, prisoner, patient, or pupil in any of the institutions, who has any dangerous, infectious or contagious disease, including syphilis in the infectious stages and gonococcus infection, shall be forthwith placed under medical treatment, and, if in the opinion of the attending physician it is necessary, shall be isolated until danger of contagion has passed or until the attending physician determines that further isolation is unnecessary; and if danger of contagion shall not have passed or if further isolation is still necessary at the expiration of sentence or at the time for discharge or release from the institution, that inmate, prisoner, patient, or pupil shall be detained in the institution and continued under medical treatment until the attending physician shall determine that his or her discharge or release from the institution will not endanger the public health; and during the period of detention, the person so detained shall be supported in the same manner as before the detention.
R.I. Gen. Laws § 40-8-5 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-5
§ 40-8-5. Agencies through which benefits paid.
Status: in_force

Benefits shall be applied for, and paid in accordance with, prescribed regulations through the state offices or state or private agencies or organizations as the director may designate, and as shall be approved by the federal government, or any department or agency thereof, making funds available in support of the medical care benefits provided for in this chapter or for administration purposes. The regulations shall meet the federal requirements as may be set forth as conditions precedent to receiving the federal funds.
R.I. Gen. Laws § 40-6-10 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-10
§ 40-6-10. Effect of assistance on receipt of workers compensation benefits.
Status: in_force

(a) No individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title for any period beginning on or after July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers compensation law of this state, any other state, or the federal government, on account of any disability caused by accident or illness. In the event that workers compensation benefits are subsequently awarded to an individual with respect to which the individual has received assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, then the executive office of health and human services shall be subrogated to the individuals rights in the award to the extent of the amount of the payments and/or medical assistance paid to or on behalf of the individuals.

(b) Whenever an employer or insurance carrier has been notified by the executive office of health and human services that an individual is an applicant for, or a recipient of, assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance under chapter 8 of this title, for a period during which the individual is or may be eligible for benefits under the workers compensation act, chapters 29  38 of title 28, the notice shall constitute a lien in favor of the executive office of health and human services, upon any pending award, order, or settlement to the individual under the workers compensation act. The employer, or his or her insurance carrier, shall be required to reimburse the executive office of health and human services the amount of the assistance payments and/or medical assistance paid to or on behalf of the individual for any period for which an award, order, or settlement is made.

(c) Whenever an individual becomes entitled to or is awarded workers compensation for the same period with respect to which the individual has received assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and whenever notice of the receipt of assistance payments has been given to the division of workers compensation of the department of labor and training of this state and/or the workers compensation commission, the division or commission is hereby required to and shall incorporate, in any award, order, or approval of settlement, an order requiring the employer or his or her insurance carrier to reimburse the executive office of health and human services the amount of the assistance payments and/or medical assistance paid to, or on behalf of, the individual for the period for which an award, order, or settlement is made.

(d) Any claims or payments to 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 § 28-33-27. 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.
R.I. Gen. Laws § 40-8-19.2 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-19.2
§ 40-8-19.2. Nursing Facility Incentive Program (NFIP).
Status: in_force

The secretary of the executive office of health and human services is authorized to seek the federal authority required to implement a nursing facility incentive program (NFIP). The NFIP shall provide the participating licensed nursing facilities the ability to obtain certain payments for achieving performance goals established by the secretary. NFIP payments shall commence no earlier than July 1, 2016.
R.I. Gen. Laws § 40-8-6.1 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-6.1
§ 40-8-6.1. Provider care during pendency of application.
Status: in_force

(a) Definitions. The following terms shall have the meanings indicated:

Applied income  The amount of income a Medicaid beneficiary is required to contribute to the cost of his or her care.

Authorized representative  An individual who signs an application for Medicaid benefits on behalf of a Medicaid applicant.

Complete application  An application for Medicaid benefits filed by, or on behalf of, an individual receiving care and services from a long-term-care provider (LTC provider), including attachments and supplemental information as necessary, that provides sufficient information for the secretary or designee to determine the applicants eligibility for coverage. An application shall not be disqualified from status as a complete application hereunder except for failure on the part of the Medicaid applicant, or his or her authorized representative, to provide necessary information or documentation, or to take any other action necessary to make the application a complete application.

Long-term-care provider (LTC provider) means any of the following: a home-care provider, home nursing-care provider or nursing facility licensed pursuant to the provisions of chapter 17 of title 23; an assisted-living residence provider licensed pursuant to chapter 17.4 of title 23; an adult-day-services provider licensed pursuant to §23-1-52; or a Program of All-Inclusive Care for the Elderly (PACE) as certified by the Centers for Medicare and Medicaid Services (CMS) and participating in the Rhode Island Medicaid program. As used in this chapter, the terms long-term-care provider and LTC provider are interchangeable.

Medicaid applicant  An individual who is receiving care from an LTC provider during the pendency of an application for Medicaid benefits.

Release means a written document that:

(1) Indicates consent to the disclosure to an LTC provider by the secretary or designee;

(2) Of information concerning an application for Medicaid benefits filed on behalf of a resident or patient of that LTC provider;

(3) For the purpose of ensuring the ability to be paid for its services by that LTC provider; and

(4) That includes the following elements:

(i) The name of the LTC provider;

(ii) A description of the information that may be disclosed under the release;

(iii) The name of the person or persons acting on behalf of the LTC provider to whom the information may be disclosed;

(iv) The period of time for which the release will be in effect, which may extend from the date of the application for benefits until the expiration of any appeal, or any appeal period, following the determination of that application; and

(v) The signature of the Medicaid applicant, or authorized representative, or other person legally authorized to sign on behalf of the Medicaid applicant, such as guardian or attorney-in-fact.

Secretary means the secretary of the Rhode Island executive office of health and human services.

Uncompensated care  Care and services provided by an LTC provider 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)(1) Uncompensated care during pendency of an application for benefits. A nursing facility may not discharge a Medicaid applicant for non-payment of the facilitys bill during the pendency of a complete application; nor may a nursing facility charge a Medicaid applicant for care provided during the pendency of a complete application, except for an amount representing the estimated, applied income. A nursing facility may discharge a Medicaid applicant for non-payment of the facilitys bill during the pendency of an application for Medicaid coverage that is not a complete application, but only if the nursing facility has provided the patient (and his or her authorized representative, if known) with thirty (30) days written notice of its intention to do so, and the application remains incomplete during that thirty-day (30) period.

(2) Uncompensated care while determination is overdue. When a complete application has been pending for ninety (90) days or longer, then upon the request of an LTC provider providing uncompensated care, the state shall make payment to the LTC provider for the care provided to the applicant in full as though the application were approved, beginning on the date of such request. Payment under this subsection shall not be made for the period prior to the LTC providers request, but shall continue thereafter until the application is decided. In the event the application is denied, the state shall not have any right of recovery, offset, or recoupment with respect to payments made hereunder for the period of determination. In the event the application is approved, the state may offset payments due for the period between the date of the application and the determination by any amounts paid hereunder.

(c) Notice of application status. When an LTC provider is providing uncompensated care to a Medicaid applicant, then the LTC provider may inform the secretary or designee of its status, and the secretary or designee shall thereafter inform the nursing facility of any decision on the application at the time the decision is rendered and, if coverage is approved, of the date that coverage will begin. In addition, an LTC provider providing uncompensated care to a Medicaid applicant may inquire of the secretary or designee as to the status of that individuals application, and the secretary or designee shall respond within five business days as follows:

(1) Without release  If the LTC provider has not obtained a signed release, the secretary or designee must provide the following information, only, in writing: (i) Whether or not the application has been approved; (ii) The identity of any authorized representative; and (iii) If the application has not yet been decided, whether or not the application is a complete application.

(2) With release  If the LTC provider has obtained a signed release, the secretary or designee must additionally provide any further information requested by the LTC provider, to the extent that the release permits its disclosure.
R.I. Gen. Laws § 40-5-20 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-20
§ 40-5-20. Recovery of costs by respondent.
Status: in_force

If the petition be not entered, or be discontinued or withdrawn, or adjudged groundless, the respondent shall recover costs.
R.I. Gen. Laws § 40-2-4 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-4
§ 40-2-4. Notice of balance to credit of deceased or discharged resident.
Status: in_force

When a balance remains after the payment of the amount due the department of human services for care and treatment, the director shall cause notice of the balance to be mailed, postage prepaid, to each discharged patient or inmate at his or her last known address or to the nearest known next of kin of any deceased patient or inmate.
R.I. Gen. Laws § 40-6-21.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-21.1
§ 40-6-21.1. Voluntary acknowledgement of paternity  Hospital-based program.
Status: in_force

(a) The department of human services is authorized and directed to establish, in accordance with the requirements of Title IV-D, § 466(a)(5) of the Social Security Act, 42 U.S.C. § 666(a)(5), a hospital-based program for the voluntary acknowledgement of paternity during the period immediately preceding or following the birth of a child. The department of human services shall require all public and private birthing hospitals in this state, as defined herein, to participate in the hospital-based paternity acknowledgement program and to provide the services, materials, and reports as may be required by federal law and regulations. The program must be operational in hospitals no later than January 1, 1995. The department is authorized to promulgate rules and regulations necessary to implement the hospital-based program and to enter into cooperative agreements with other state agencies to effectuate the program.

(b) The requirement for participation in the program by hospitals is in addition to the birth-registration requirements under chapter 3 of title 23; provided, however, that the department of human services shall work in cooperation with the department of health, registrar of vital records, to avoid duplication of obligations imposed on hospitals to the extent permitted by federal law and regulations.

(c) The term birthing hospital means a hospital that has a licensed obstetric care unit or is licensed to provide obstetric services, or a licensed birthing center associated with a hospital. A birthing center is a facility outside a hospital that provides maternity services.
R.I. Gen. Laws § 40-1-16 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-16
§ 40-1-16. Visiting nurse association  Payment.
Status: in_force

(a) For purposes of this chapter:

(1) Agency means the Kent County Visiting Nurse Association; Newport Visiting Nurse Service; VNA, Inc.; Visiting Nurse Services of Woonsocket; Little Compton Visiting Nurse Association; Northwest Community Nursing & Health Service; Visiting Nurse Services of Pawtucket; and Visiting Nurse Services of Washington County and Jamestown;

(2) Home visit means a visit, by the agency to a client during which skilled nursing services, physical, speech, and/or occupational therapy services, and/or home health aide services are rendered to the client, and the visit is reportable on the Medicare cost report; and

(3) Reference year means the previous fiscal year.

(b) The director shall apportion any appropriation for visiting nurse association in accordance with the following:

(1) Ten percent (10%) of the appropriation shall be divided equally among the agencies.

(2) Ninety percent (90%) of the appropriation shall be divided by the statewide total number of home visits for the reference year.

(3) Each agency shall receive an amount equal to the quotient in subsection (b)(2) multiplied by the number of home visits by the agency in the reference year.
R.I. Gen. Laws § 40-14-2 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-2
§ 40-14-2. Fund established.
Status: in_force

There is hereby established a separate fund within the general fund to be called the equipment loan fund for people with disabilities, which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. There is hereby appropriated to this fund the sum of one hundred thousand dollars ($100,000). The department through its vocational rehabilitation agency shall be responsible for the administration of the program but may contract with organizations in carrying out the provisions of this chapter. All payments of interest and repayments of principal made by recipients of loans under this chapter shall be credited to general revenues.
R.I. Gen. Laws § 40-2-7 — RI Code / Title 40 / Chapter 40-2 / Section 40-2-7
§ 40-2-7. Property abandoned by deceased or discharged residents.
Status: in_force

All personal property, excepting moneys, that shall have been left by any discharged or deceased patient or inmate in any institution under the control of the department of human services and that, now or hereafter, shall not have been claimed by any of the discharged or deceased patients or inmates, or their next of kin, within one year from the date of discharge or decease, shall be deemed to have been abandoned. All abandoned personal property shall be disposed of as provided in this chapter.
R.I. Gen. Laws § 40-6-1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-1
§ 40-6-1. Short title  Public assistance and department defined.
Status: in_force

(a) This chapter shall be known and may be cited as the Public Assistance Act.

(b) Definitions. As used in this chapter, the following terms shall have the meanings set forth herein, unless the context in which the terms are used clearly indicates to the contrary:

(1) Department shall mean the Rhode Island department of human services.

(2) Public assistance means general public assistance (GPA); supplemental security income (SSI); RI works pursuant to chapter 5.2 of this title; childcare assistance; medical assistance, and supplemental nutritional assistance program (SNAP) pursuant to 7 U.S.C. § 2011 et seq.; which programs are administered and/or financed in whole or in part by the Rhode Island department of human services.
R.I. Gen. Laws § 40-15-9 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-9
§ 40-15-9. Court placements.
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in article V thereof.
R.I. Gen. Laws § 40-5-1 — RI Code / Title 40 / Chapter 40-5 / Section 40-5-1
§ 40-5-1. Obligation of towns.
Status: in_force

Every town shall be required to relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need of relief and support, and to afford temporary relief to other poor and indigent persons.
R.I. Gen. Laws § 40-11-12.4 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12.4
§ 40-11-12.4. Restraining orders.
Status: in_force

(a) Whenever the family court has assumed jurisdiction by way of the filing of a petition pursuant to chapter 1 of title 14 or chapter 11 of this title, the court, upon notice to the individual to be restrained and after a hearing, may restrain the individual so notified from interfering with the personal liberty of another, and may restrain the individual so notified from maliciously causing, or attempting to cause, bodily harm to another, and may restrain any individual so notified from maliciously causing, or attempting to cause, bodily harm to another and, upon a finding by the court that any person has been so harmed, or threatened with harm, the court may prescribe treatment including, but not limited to, outpatient counseling to the individual so restrained.

(b) As used in this section, the term individual shall include any party to the petition or any person acting on behalf of the party.

(c) Restraining orders pursuant to this provision shall be issued in conformity with the hearing and notice requirements set forth in § 15-15-1 et seq.

(d)(1) The family court shall have the authority to enforce any violation of a restraining order entered pursuant to this section by contempt.

(2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.

(e) Any violation of a restraining order under this chapter protecting a person against bodily harm and/or against threat of imminent bodily injury shall be a misdemeanor that shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both. The penalties for violation of this section shall also include the penalties provided in § 12-29-5.
R.I. Gen. Laws § 40-8-12 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-12
§ 40-8-12. Federal approval.
Status: in_force

(a) The department is empowered and authorized to submit its plan for medical assistance to the federal government, or any agency or department thereof having funds available for medical care benefits provided for in this chapter, for approval pursuant to the provisions of the federal Social Security Act, 42 U.S.C. § 1396 et seq. The department shall act for the state in any negotiations relative to the submission and approval of the plan and may make any arrangement or changes in its plan not inconsistent with this chapter that may be required by the Social Security Act, or the rules and regulations promulgated pursuant thereto, to obtain and retain the approval and to secure for this state the benefits of the provisions of the federal act relating to medical assistance for the needy.

(b) The department shall make reports to the federal government, or any agency or department thereof, in the form and nature required by it, and shall, in all respects, comply with any request or direction of the federal government, or any agency or department thereof, that may be necessary to assure the correctness and verification of the reports.
R.I. Gen. Laws § 40-6-4.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-4.1
§ 40-6-4.1. Ineligibility for aid or assistance  Commitment to training school or adult correctional institutions.
Status: repealed

In the event that any child is committed to the training school or adult correctional institutions, and the childs parent(s) or qualifying relative are receiving or are eligible for aid to families with dependent children (AFDC) as provided pursuant to § 40-6-4 [repealed], Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq., and the rules and regulations of the department, the eligibility of the parent(s) or qualifying relative for AFDC benefits for the child who is placed in the training school shall be suspended during the time the child is committed. The department of children, youth and families or department of corrections shall provide a list or computer compilation to the department of human services, on a monthly basis, that shall identify the name, and if available, the date of birth and social security number of each child committed to the training school or adult correctional institutions, and the name of the parent(s) or qualifying relative, of each child committed to the training school or adult correctional institutions. Notwithstanding the provisions of § 42-72-8, all information provided by this section shall remain confidential and shall be used only for the purposes of this section. Nothing in this section shall be construed to suspend the eligibility of the parent(s) or qualifying relative for AFDC benefits for any children not committed to the training school or adult correctional institutions.
R.I. Gen. Laws § 40-1-15 — RI Code / Title 40 / Chapter 40-1 / Section 40-1-15
§ 40-1-15. Reimbursement to health center.
Status: in_force

The director shall reimburse certain health centers at a rate of twenty-four dollars ($24.00) per patient visit for physician services including case management. In accordance with the state Medicaid plan as provided in chapter 8 of this title, any rules or regulations as established in accordance with § 40-8-13, calling for a lower rate per patient visit, shall be raised to conform to the new rate as set forth above. For the purpose of this section, the reimbursement fee shall apply only to the following health centers:

(1) Providence Ambulatory Health Care Foundation;

(2) Health Services, Inc. of Woonsocket;

(3) Blackstone Valley Community Action;

(4) Cranston Health and Family Planning Center;

(5) East Providence Community Health Center;

(6) New Visions of Newport County;

(7) Tri-Town Health Center;

(8) Warwick Community Health Center;

(9) Chad Brown Health Center;

(10) Health Center of South County;

(11) North Kingstown Regional Health Center; and

(12) Pawtucket Neighborhood Health Center.
R.I. Gen. Laws § 40-9-16 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-16
§ 40-9-16. Immunity from liability.
Status: in_force

No person, who shall render any report required by § 40-9-15, shall be subject to a suit in a civil action, or liable for civil damages, in any action or proceedings arising out of the information contained in the reports submitted.
R.I. Gen. Laws § 40-8-18 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-18
§ 40-8-18. Local education agencies as EPSDT providers.
Status: in_force

(a) It is the intent of this section to provide reimbursement for early and periodic screening, diagnosis, and treatment (EPSDT) services through local education agencies for children who are eligible for medical assistance. A local education agencys participation as an EPSDT provider is voluntary. Further, it is the intent that collaboration among the department of human services (DHS), the department of elementary and secondary education, and local education agencies (LEAs) will result in state and local funds being used to maximize federal funding for such EPSDT services.

(b) The services available to eligible children under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., for early and periodic screening, diagnosis, and treatment (EPSDT) may be provided by local education agencies.

(c)(1) Voluntary participation as an EPSDT provider shall require the local education agency to provide the state match to obtain federal financial participation for EPSDT services and associated administrative costs by certifying to the department of human services that sufficient qualifying local funds (local certified match) have been expended for the services and administrative costs; provided, however, that a local education agency shall not be required to provide the local certified match for those EPSDT services for which the department of human services, or another state agency, agrees to provide the state match to obtain federal financial participation for EPSDT services.

(2) The local certified match shall be established in the local education agency pursuant to federal Title XIX provisions. Failure of the local education agency to provide the local match shall result in the penalties described in subsection (f).

(3) The department of human services shall pay the local education agency from the federal matching funds for EPSDT services pursuant to fee schedules established by rules and regulations of the department of human services, and for associated administrative costs pursuant to administrative cost reimbursement methodologies to be approved by the federal government, upon certification of the local match by the local education agency in accordance with federal Title XIX provisions. Payments made to the local education agency pursuant to this section shall be used solely for educational purposes and shall not be made available to local communities for purposes other than education. The local fiscal effort to support education referred to in subsection (d) shall not be reduced in response to the availability of these federal financial participation funds to the local education agency. These federal financial participation funds must supplement, not supplant, local maintained fiscal effort to support education.

(4) For the purposes of this subsection, the term local education agency shall include any city, town, state, or regional school district or the school for the deaf or the William M. Davies, Jr. career and technical high school, the Metropolitan Career and Technical Center, any public charter school established pursuant to chapter 77 of title 16, any educational collaborative established pursuant to chapter 3.1 of title 16, or the department of children, youth and families (DCYF).

(d)(1) Each community shall maintain local fiscal effort for education. For the purpose of this subsection, to maintain local fiscal effort means each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year.

(2) Further, state support for education shall not be reduced from the prior fiscal year in response to local community participation in the EPSDT program.

(e) The department of human services and the department of elementary and secondary education shall effect the interagency transfers necessary to comply with the provisions of this section. The department of elementary and secondary education and the department of human services are authorized to promulgate any and all regulations necessary to implement this section. All local school agencies becoming EPSDT providers shall be required to comply with all provisions of Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., relative to responsibilities of a Medicaid provider.

(f) Failure of the local education agency to establish a local certified match under this law sufficient to support its claims for reimbursement of EPSDT services and associated administrative costs will result in the withholding of state funds due that community in accordance with § 16-7-31 in an amount equal to the federal financial participation funds denied by the federal government as a result thereof. The withheld funds will be transferred to the department of human services.

(g) The department of human services, with the aid of the department of education, shall determine which healthcare-related services are eligible for federal Medicaid reimbursement for health-related services provided by local education agencies to children eligible for early periodic screening, diagnosis, and treatment. The department of human services, with the assistance of the department of administration, shall also develop the following resources in furtherance of the goal of recouping the maximum amount of administrative costs associated with the services:

(1) A time-study training manual that outlines how to complete a time study by school personnel to enhance recovery of administrative costs; and

(2) A claiming manual that outlines the financial information and claim submission requirements that are needed to complete the claim.

(h) Services provided by school social workers and certified school psychologists who are certified by the department of elementary and secondary education shall be included as healthcare-related services eligible for federal Medicaid reimbursement pursuant to this section. These school social workers and certified school psychologists shall be eligible to participate in time studies as local education agency employees and contractors.

(i) The general assembly encourages the executive office of health and human services and the department of elementary and secondary education to collaborate and pursue pathways to expand opportunities for local education agencies to bill and obtain federal Medicaid reimbursement for eligible services delivered in schools.
R.I. Gen. Laws § 40-7-3 — RI Code / Title 40 / Chapter 40-7 / Section 40-7-3
§ 40-7-3. Authority of governor to effectuate entry into compact.
Status: in_force

The governor on behalf of the state is authorized and directed to execute any formal documents necessary to effectuate the entry of this state into the New England Welfare Compact with any one or more of the states of Connecticut, Massachusetts, New Hampshire, and Vermont in substantially the form provided in this chapter.
R.I. Gen. Laws § 40-8-19 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-19
§ 40-8-19. Rates of payment to nursing facilities.
Status: in_force

(a) Rate reform.

(1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The executive office of health and human services (executive office) shall promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, 2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.

(2) The executive office shall review the current methodology for providing Medicaid payments to nursing facilities, including other long-term care services providers, and is authorized to modify the principles of reimbursement to replace the current cost-based methodology rates with rates based on a price-based methodology to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid occupancy, and to include the following elements to be developed by the executive office:

(i) A direct-care rate adjusted for resident acuity;

(ii) An indirect-care and other direct-care rate comprised of a base per diem for all facilities;

(iii) Revision of rates as necessary based on increases in direct and indirect costs beginning October 2024 utilizing data from the most recent finalized year of facility cost report. The per diem rate components deferred in subsections (a)(2)(i) and (a)(2)(ii) of this section shall be adjusted accordingly to reflect changes in direct and indirect care costs since the previous rate review;

(iv) Application of a fair-rental value system;

(v) Application of a pass-through system; and

(vi) Adjustment of rates by the change in a recognized national nursing home inflation index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015. The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, October 1, 2019, and October 2022. Effective July 1, 2018, rates paid to nursing facilities from the rates approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2017, both fee-for-service and managed care, will be increased by one and one-half percent (1.5%) and further increased by one percent (1%) on October 1, 2018, and further increased by one percent (1%) on October 1, 2019. Effective October 1, 2022, rates paid to nursing facilities from the rates approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2021, both fee-for-service and managed care, will be increased by three percent (3%). In addition to the annual nursing home inflation index adjustment, there shall be a base rate staffing adjustment of one-half percent (0.5%) on October 1, 2021, one percent (1.0%) on October 1, 2022, and one and one-half percent (1.5%) on October 1, 2023. For the twelve-month (12) period beginning October 1, 2025, rates paid to nursing facilities from the rates approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2024, both fee-for-service and managed care, will be increased by two and three-tenths percent (2.3%). There shall also be a base rate staffing adjustment of three percent (3%) effective October 1, 2025. Not less than one hundred percent (100%) of this base-rate staffing adjustment shall be expended by each nursing facility to increase compensation, wages, benefits, and related employer costs, for eligible direct-care staff, including the cost of hiring additional eligible direct-care positions, as defined in this subsection (a)(2)(vi). The inflation index shall be applied without regard for the transition factors in subsections (b)(1) and (b)(2). For purposes of October 1, 2016, adjustment only, any rate increase that results from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following manner: Not less than eighty-five percent (85%) of this aggregate amount shall be expended to fund an increase in wages, benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, dietary staff, or other similar employees providing direct-care services; provided, however, that this definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as exempt employees under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, or designee, a certification that they have complied with the provisions of this subsection (a)(2)(vi) with respect to the inflation index applied on October 1, 2016. Any facility that does not comply with the terms of such certification shall be subjected to a clawback, paid by the nursing facility to the state, in the amount of increased reimbursement subject to this provision that was not expended in compliance with that certification.

(3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that results from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section shall be dedicated to increase compensation for all eligible direct-care workers in the following manner on October 1, of each year.

(i) For purposes of this subsection, compensation increases shall include base salary or hourly wage increases, benefits, other compensation, and associated payroll tax increases for eligible direct-care workers. This application of the inflation index shall apply for Medicaid reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of this subsection, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), certified nursing assistants (CNAs), certified medication technicians, licensed physical therapists, licensed occupational therapists, licensed speech-language pathologists, mental health workers who are also certified nurse assistants, physical therapist assistants, social workers, or any nurse aides with a valid license, even if it is probationary, housekeeping staff, laundry staff, dietary staff, or other similar employees providing direct-care services; provided, however that this definition of direct-care staff shall not include:

(A) RNs and LPNs who are classified as exempt employees under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or

(B) CNAs, certified medication technicians, RNs, or LPNs who are contracted or subcontracted through a third-party vendor or staffing agency.

(4)(i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit to the secretary or designee a certification that they have complied with the provisions of subsection (a)(3) of this section with respect to the inflation index applied on October 1. The executive office of health and human services (EOHHS) shall create the certification form nursing facilities must complete with information on how each individual eligible employees compensation increased, including information regarding hourly wages prior to the increase and after the compensation increase, hours paid after the compensation increase, and associated increased payroll taxes. A collective bargaining agreement can be used in lieu of the certification form for represented employees. All data reported on the compliance form is subject to review and audit by EOHHS. The audits may include field or desk audits, and facilities may be required to provide additional supporting documents including, but not limited to, payroll records.

(ii) Any facility that does not comply with the terms of certification shall be subjected to a clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, paid by the nursing facility to the state, in the amount of increased reimbursement subject to this provision that was not expended in compliance with that certification.

(iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this section shall be dedicated to increase compensation for all eligible direct-care workers in the manner referenced in subsections (a)(3)(i), (a)(3)(i)(A), and (a)(3)(i)(B) of this section.

(b) Transition to full implementation of rate reform. For no less than four (4) years after the initial application of the price-based methodology described in subsection (a)(2) to payment rates, the executive office of health and human services shall implement a transition plan to moderate the impact of the rate reform on individual nursing facilities. The transition shall include the following components:

(1) No nursing facility shall receive reimbursement for direct-care costs that is less than the rate of reimbursement for direct-care costs received under the methodology in effect at the time of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care costs under this provision will be phased out in twenty-five-percent (25%) increments each year until October 1, 2021, when the reimbursement will no longer be in effect; and

(2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty-five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and

(3) The transition plan and/or period may be modified upon full implementation of facility per diem rate increases for quality of care-related measures. Said modifications shall be submitted in a report to the general assembly at least six (6) months prior to implementation.

(4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the other provisions of this chapter, nothing in this provision shall require the executive office to restore the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period.
R.I. Gen. Laws § 40-11-19 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-19
§ 40-11-19. Parents with disabilities.
Status: in_force

The department shall investigate reports of child abuse and neglect as mandated in this chapter. A parents disability, as defined in § 42-87-1, will not constitute sole grounds to initiate an investigation or a finding of child abuse or neglect; provided, that nothing in this section shall:

(1) Prevent a child from being considered abused or neglected if a child is harmed or threatened with harm as described in § 40-11-2; or

(2) Preclude the court from ordering the furnishing of supportive parenting services to address any impending or actual danger to the child.
R.I. Gen. Laws § 40-6-12 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-12
§ 40-6-12. Records as to assistance.
Status: in_force

(a) All records pertaining to the administration of public assistance pursuant to this chapter and chapter 8 of this title 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 records for purposes not directly connected with the administration thereof, except with the consent of the individual concerned.

(b) The director of the department shall have the power to establish rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications dealing with the administration of public assistance. The rules and regulations shall have the same force and effect as law. The records shall be produced in response to 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 public assistance. No subpoena shall be issued by a court asking either for the records, or for persons having custody or access to the records, unless the litigation involved in such matters is directly connected with the administration of public assistance.

(c) Any person, who by law is entitled to a list of individuals receiving any of the assistance as provided in this section, shall not publish, or cause to be published, the list except by the express consent of the director of the department, or to make use thereof for purposes not directly connected with the administration thereof. Any person violating any of the provisions of this section, or the lawful rules and regulations made pursuant to this section, shall be 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, 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. The director of the department may inquire into the records of any state department or agency in the course of his or her administration of public assistance.
R.I. Gen. Laws § 40-16-2 — RI Code / Title 40 / Chapter 40-16 / Section 40-16-2
§ 40-16-2. Annual audit.
Status: in_force

Any health center receiving funds by virtue of this chapter shall submit to an annual audit of its financial and other records required to substantiate reported numbers of patients served and visits provided, to be conducted by the state auditor general. The auditor general shall annually make a report of the results of the audit to the speaker of the house of representatives, the president of the senate, and the director of human services.
R.I. Gen. Laws § 40-15-1 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-1
§ 40-15-1. Compact enacted.
Status: in_force

The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

As used in this compact:

(a) Child means a person who, by reason of minority, is legally subject to parental guardianship or similar control.

(b) Sending agency means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(c) Receiving state means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) Placement means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for people who are mentally ill, or any institution primarily educational in character, and any hospital or other medical facility.

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date and place of birth of the child;

(2) The identity and address or addresses of the parents or legal guardian;

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child; and

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agencys state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agencys state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his or her being sent to such other party jurisdiction for institutional care and the court finds that:

1. equivalent facilities for the child are not available in the sending agencys jurisdiction; and

2. institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his or her parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state;

(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

The provisions of this compact shall be liberally construed 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 § 40-11-13 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-13
§ 40-11-13. Confidentiality of reports and records  Penalty for disclosure.
Status: in_force

(a) All records concerning reports of child abuse and neglect, including reports made to the department, shall be confidential except as specifically provided by this chapter or as specifically provided by § 42-72-8 or specifically authorized by the family court in furtherance of the purposes directly connected with this chapter.

(b) Any employee or agent of the department violating any of the provisions of this section shall be 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.

(c) Nothing in this chapter shall limit the right of the attorney general to receive all records and reports of child abuse when the office is engaged in the investigation of or prosecution of criminal conduct by another relating to the child or other children within the same family unit.
R.I. Gen. Laws § 40-15-2 — RI Code / Title 40 / Chapter 40-15 / Section 40-15-2
§ 40-15-2. Applicability of license, permit, and bond provisions.
Status: in_force

Any requirement of this state for a license, permit, or the posting of a bond to entitle an agency to place children shall not apply to a public sending agency (within the meaning of the Interstate Compact on the Placement of Children) of or in another state party to the Interstate Compact on the Placement of Children.
R.I. Gen. Laws § 40-18-2 — RI Code / Title 40 / Chapter 40-18 / Section 40-18-2
§ 40-18-2. Definitions.
Status: in_force

As used in this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:

(1) Adult daycare service means a comprehensive supervised program on a regularly scheduled basis to adults with disabilities for a substantial part of the day in a single physical location for a specified number of participants daily. The adult daycare center shall be reviewed and approved by the office of healthy aging or other appropriate state agency. Adult daycare services may include, but are not limited to, medical supervision, social and educational activities, snacks and/or hot lunch, and transportation to and from the daycare site. All adult daycare services must meet the conditions set forth in the rules and regulations of the office of healthy aging and must provide these services as an alternative to twenty-four-hour (24) long-term institutional care.

(2) Case management services means the coordination of a plan of care and services provided at home to persons with disabilities who are medically eligible for placement in a skilled nursing facility or an intermediate-care facility upon discharge from a hospital. Such programs shall be provided in the persons home or in the home of a responsible relative or other responsible adult, but not provided in a skilled nursing facility and/or an intermediate-care facility.

(3) Certified home health means a home-care services agency that is licensed by the state and is qualified to participate as a home health agency under the provisions of Titles XVII and XIX of the federal Social Security Act, 42 U.S.C. § 1395x, and shall provide, directly or through contract arrangement, a minimum of the following services, which are of a preventative, therapeutic, rehabilitative health guidance, and/or supportive nature to persons at home: skilled nursing services, physical therapy, occupational therapy, speech therapy, and home health aide services.

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

(5) Emergency response system means a twenty-four-hour (24) per-day monitoring service designed for use by elderly adults in the community. The purpose of that system is to provide contact between the elderly adult in the community and the appropriate emergency response agency.

(6) Government funds means funds provided under the provisions of chapter 8 of this title.

(7) Home-care services means those services provided by: (i) a Medicare/Medicaid certified and state-licensed home health agency; and (ii) a state-licensed home health aide/homemaker agency.

(8) Home health aide/homemaker agency means: (i) Home health aide services, at a minimum, includes assistance with personal hygiene, dressing, feeding, and household tasks essential to the patients health; and (ii) Homemaker services, at a minimum, includes light work or household tasks such as cooking, cleaning, shopping, and laundry.

(9) Hospital means a hospital as defined in chapter 17 of title 23.
R.I. Gen. Laws § 40-6-21.2 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-21.2
§ 40-6-21.2. Child medical support garnishment  State income tax offset.
Status: repealed

(a) The department of human services may garnish the wages, salary, or other income of, and withhold amounts from state income tax refunds due to, any person who:

(1) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under chapter 8 of this title and Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.; and

(2) Has received payment from a third party for the costs of the services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the department of human services for its costs, but claims for current and past-due child support shall take priority over these claims.

(b) Garnishment proceedings may be commenced and enforced in the family court under chapters 5, 8, 9, 11 [repealed], 13, 15, and 16 of title 15.

(c) Withholding from state income tax refunds shall be enforced in accordance with chapter 30.1 of title 44.
R.I. Gen. Laws § 40-3-2 — RI Code / Title 40 / Chapter 40-3 / Section 40-3-2
§ 40-3-2. Officers and subcommittees.
Status: in_force

The displaced persons committee shall elect, from its members, a chairperson and a vice-chairperson and such other officers as it may determine, including an executive committee, and define their duties. The committee may appoint such subcommittees as it deems advisable and define their duties.
R.I. Gen. Laws § 40-6-25 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-25
§ 40-6-25. Rules and regulations.
Status: in_force

The department is authorized to prescribe forms and promulgate rules and regulations that it deems necessary in order to effectuate the intent and provisions of this chapter. Furthermore, it is the legislative intent of the general assembly that the authority granted in this chapter to the department to promulgate rules and regulations, with respect to eligibility for assistance, amount, and standards of assistance and administration of programs, be liberally construed.
R.I. Gen. Laws § 40-8-23 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-23
§ 40-8-23. Contracting standards.
Status: in_force

The director shall establish and maintain contracting standards for home health aide, homemaker, and nursing services. These standards shall apply to all such services purchased by the state from licensed providers. The contracting standards shall take into consideration industry guidelines published by national accreditation organizations such as the Joint Commission for the Accreditation of Healthcare Organizations and self-reporting activities by providers.
R.I. Gen. Laws § 40-11-12.2 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-12.2
§ 40-11-12.2. Permanency plan  Order of court.
Status: in_force

(a) At every regularly scheduled family court review and/or permanency hearing of any child found to be abused or neglected under § 40-11-12, or dependent under § 14-1-34, the department shall present a written reunification and/or permanency plan to the court for approval. The plan shall include whether, and if applicable when, the child will be returned to the parent, placed for adoption, referred for legal guardianship, placed with a fit and willing relative, or (in cases whether the department can show the court compelling reasons why the foregoing placements or referrals would not be in the childs best interests) placed in another planned permanent-living arrangement. The plan shall clearly set forth the goals and obligations of the department, parent(s), child, and all other parties. The plan may be approved and/or modified by a justice of the family court and incorporated into the orders of the court, at the discretion of the court.

(b) In determining reasonable efforts to be made with respect to a child, and in making such reasonable efforts, the childs health and safety shall be the paramount concern.

(c) Except as provided in subsection (e), reasonable efforts shall be made to preserve and reunify families:

(1) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the childs home, which efforts shall include placement of the child with a blood relative or other family member if such placement is in the best interest of the child; and

(2) To make it possible for a child to safely return to the childs home.

(d) If continuation of reasonable efforts of the type described in subsection (c) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

(e) Reasonable efforts of the type described in subsection (c) shall not be required to be made with respect to a parent of a child if the court has determined that:

(1) The parent has subjected any child to conduct of a cruel or abusive nature;

(2) The parent has:

(A) Committed murder of another child of the parent; or

(B) Subjected the child to aggravating circumstances, which circumstances shall be abandonment, torture, chronic abuse, and sexual abuse; or

(C) Committed voluntary manslaughter of another child of the parent; or

(D) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or

(E) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or

(3) The parental rights of the parent to a sibling have been terminated involuntarily.

(f) If reasonable efforts of the type described in subsection (c) are not made with respect to a child as a result of a determination made by the court in accordance with subsection (e):

(1) A permanency hearing shall be held for the child within thirty (30) days after the determination; and

(2) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

(g) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subsection (c).

(h) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, the permanency plan shall include documentation of the steps the department is taking to find an adoptive family or other permanent-living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent-living arrangement, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic-exchange systems. The department shall not act, or fail to act, to deny or delay placement of a child for adoption when an approved family is available outside of Rhode Island and no other prospective pre-adoptive home is available.
R.I. Gen. Laws § 40-6-9.1 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-9.1
§ 40-6-9.1. Data matching  Healthcare coverages.
Status: in_force

(a) For purposes of this section, the term medical assistance program shall mean medical assistance provided in whole or in part by the executive office of health and human services pursuant to chapters 8, 8.4 of this title, 12.3 of title 42 and/or Title XIX or XXI of the federal Social Security Act, as amended, 42 U.S.C. §1396 et seq. and 42 U.S.C. §1397aa et seq., respectively. Any references to the office shall be to the executive office of health and human services.

(b) In furtherance of the assignment of rights to medical support to the executive office of health and human services under §40-6-9(b), (c), (d), and (e), and in order to determine the availability of other sources of healthcare insurance or coverage for beneficiaries of the medical assistance program, and to determine potential third-party liability for medical assistance paid out by the office, all health insurers, health maintenance organizations, including managed care organizations, and third-party administrators, self-insured plans, pharmacy benefit managers (PBM), and other parties that are by statute, contract, or agreement, legally responsible for payment of a claim for a healthcare item of service doing business in the state of Rhode Island shall permit and participate in data matching with the executive office of health and human services, as provided in this section, to assist the office to identify medical assistance program applicants, beneficiaries, and/or persons responsible for providing medical support for applicants and beneficiaries who may also have healthcare insurance or coverage in addition to that provided, or to be provided, by the medical assistance program and to determine any third-party liability in accordance with this section.

The office shall take all reasonable measures to determine the legal liability of all third parties (including health insurers, self-insured plans, group health plans (as defined in § 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. §1167(1)]), service benefit plans, health-maintenance organizations, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a healthcare item or service), to pay for care and services on behalf of a medical assistance recipient, including collecting sufficient information to enable the office to pursue claims against such third parties.

In any case where such a legal liability is found to exist and medical assistance has been made available on behalf of the individual (beneficiary), the office shall seek reimbursement for the assistance to the extent of the legal liability and in accordance with the assignment described in §40-6-9.

To the extent that payment has been made by the office for medical assistance to a beneficiary in any case where a third party has a legal liability to make payment for the assistance, and to the extent that payment has been made by the office for medical assistance for healthcare items or services furnished to an individual, the office (state) is considered to have acquired the rights of the individual to payment by any other party for the healthcare items or services in accordance with §40-6-9.

Any health insurer (including a group health plan, as defined in §607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. §1167(1)], a self-insured plan, a service-benefit plan, a managed care organization, a pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a healthcare item or service), in enrolling an individual, or in making any payments for benefits to the individual or on the individuals behalf, is prohibited from taking into account that the individual is eligible for, or is provided, medical assistance under a plan under 42 U.S.C. §1396 et seq. for this state, or any other state.

(c) All health insurers or liable third parties, including, but not limited to, health maintenance organizations, third-party administrators, nonprofit medical service corporations, nonprofit hospital service corporations, subject to the provisions of chapters 18, 19, 20, and 41 of title 27, as well as, self-insured plans, group health plans (as defined in §607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. §1167(1)]), service-benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a healthcare item or service) doing business in this state shall:

(1) Provide member information within fourteen (14) calendar days of the request to the office to enable the medical assistance program to identify medical assistance program recipients, applicants and/or persons responsible for providing medical support for those recipients and applicants who are, or could be, enrollees or beneficiaries under any individual or group health insurance contract, plan, or policy available or in force and effect in the state;

(2) With respect to individuals who are eligible for, or are provided, medical assistance by the office, upon the request of the office, provide member information within fourteen (14) calendar days of the request to determine during what period the individual or their spouse or dependents may be (or may have been) covered by a health insurer and the nature of the coverage that is, or was provided by the health insurer (including the name, address, and identifying number of the plan);

(3) Accept the states right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made by the office;

(4) Respond to any inquiry by the office regarding a claim for payment for any healthcare item or service that is submitted not later than three (3) years after the date of the provision of the healthcare item or service;

(5) Agree not to deny a claim submitted by the state based solely on procedural reasons, such as on the basis of the date of submission of the claim, the type or format of the claim form, failure to obtain a prior authorization, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if:

(i) The claim is submitted by the state within the three-year (3) period beginning on the date on which the item or service was furnished; and

(ii) Any action by the state to enforce its rights with respect to the claim is commenced within six (6) years of the states submission of such claim;

(6) Agree to respond to any inquiry regarding claims within sixty (60) business days after receipt of the written documentation by the Medicaid recipient; and

(7) Agree to not deny a claim for failure to obtain prior authorization for an item or service. In the case of a responsible third party that requires prior authorization for an item or service furnished to an individual eligible to receive medical assistance under the state Medicaid program, the third-party health insurer shall accept authorization provided by the state medical assistance program that the item or service is covered by Medicaid as if that authorization is a prior authorization made by the third-party health insurer for the item or service.

(d) This information shall be made available by these insurers and health maintenance organizations and used by the executive office of health and human services only for the purposes of, and to the extent necessary for, identifying these persons, determining the scope and terms of coverage, and ascertaining third-party liability. The executive office of health and human services shall provide information to the health insurers, including health insurers, self-insured plans, group health plans (as defined in § 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. §1167(1)]), service-benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a healthcare item or service) only for the purposes described herein.

(e) No health insurer, health maintenance organization, or third-party administrator that provides, or makes arrangements to provide, information pursuant to this section shall be liable in any civil or criminal action or proceeding brought by beneficiaries or members on account of this action for the purposes of violating confidentiality obligations under the law.

(f) The office shall submit any appropriate and necessary state plan provisions.

(g) The executive office of health and human services is authorized and directed to promulgate regulations necessary to ensure the effectiveness of this section.
R.I. Gen. Laws § 40-9-13 — RI Code / Title 40 / Chapter 40-9 / Section 40-9-13
§ 40-9-13. Federal business enterprises funds.
Status: in_force

The general treasurer shall receive and provide for the proper custody of all funds paid to the state from the federal treasury under the provisions of Public Law 80-165, 29 U.S.C. § 701 et seq., and shall disburse the funds upon orders drawn by the state controller upon receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 40-6-26 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-26
§ 40-6-26. Severability.
Status: in_force

If any provision in any section of this chapter, or the application thereof, to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
R.I. Gen. Laws § 40-11-6 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-6
§ 40-11-6. Report by physicians and healthcare providers of abuse or neglect.
Status: in_force

(a) When any physician, duly certified registered nurse practitioner, or other healthcare provider is involved in the delivery or care of infants born with, or identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, or has cause to suspect that a child brought to him or her, or coming to him or her, for examination, care, or treatment, is an abused or neglected child as defined in this chapter, or when he or she determines that a child under the age of twelve (12) years is suffering from any sexually transmitted disease, he or she shall report the incident or cause a report thereof to be made to the department as provided in subsection (b).

(b) An immediate oral report shall be made by telephone or otherwise, to both the department and law enforcement agency, and shall be followed by a report, in writing, to the department and law enforcement agency explaining the extent and nature of the abuse or neglect the child is alleged to have suffered.

(c) The department, upon receipt of such a report by a person other than a physician or duly certified registered nurse practitioner alleging that a child has been physically abused, shall investigate the report, and if the investigation reveals evidence of injury or that the child has been the victim of sexual abuse, the department shall have the child examined by a licensed physician or duly certified registered nurse practitioner. Any child protective investigator shall, with or without the consent of the parent or other person responsible for the childs welfare, have the right to remove the child from the place where the child may be to secure the examination required by this subsection. Upon completion of the examination, it shall be mandatory for the physician or duly certified registered nurse practitioner to make a written report of his or her findings to the department.

(d) The department shall promulgate rules and regulations to implement the provisions of this section.
R.I. Gen. Laws § 40-8-28 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-28
§ 40-8-28. Vendors doing business in the state of Rhode Island.
Status: in_force

All vendors who do business with the state of Rhode Island in accordance with title 37 and who are also employers of Rhode Island medical assistance recipients shall make available in a timely manner to the department at the departments request, documents describing the health insurance or health benefits offered by the vendor to the employee, including, but not limited to, a certificate of coverage or a summary of benefits and employee obligations for the purposes of, and only to the extent necessary to carry out the provisions of this section of the general laws. The employer shall accept the enrollment of the individual and/or the family in the employer-based health insurance plan without regard to any seasonal enrollment restrictions, including open-enrollment restrictions, without regard to the impact on the members wages. This is known as pay in lieu of benefits.
R.I. Gen. Laws § 40-11-13.1 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-13.1
§ 40-11-13.1. Destruction of reports and records.
Status: in_force

All records concerning reports of child abuse and neglect made pursuant to this chapter, including reports made to the department, shall be destroyed three (3) years after the date of a final determination by either the family court or the department that the reported child abuse or neglect did not in fact occur.
R.I. Gen. Laws § 40-14-8 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-8
§ 40-14-8. Rules and regulations.
Status: in_force

The director shall, with the advice of the governors commission on disabilities, promulgate rules and regulations concerning eligibility, interest rates, repayment terms, and other matters as are necessary and proper to carry out the purpose of this chapter.
R.I. Gen. Laws § 40-18-4 — RI Code / Title 40 / Chapter 40-18 / Section 40-18-4
§ 40-18-4. Payment for long-term home healthcare programs.
Status: in_force

(a) When a long-term home healthcare program as defined under this chapter is available, the department of human services, before authorizing care in a nursing home or intermediate-care facility for a person eligible to receive services under this title, shall notify the person, in writing, of the provisions of this chapter.

(b)(1) If a hospitalized person eligible to receive services under the provisions of this title who requires care, treatment, maintenance, nursing, or other services in a nursing home desires to return to his or her own home or the home of a responsible relative or other responsible adult if the necessary services are provided, that person or his or her representative shall so inform the department of human services.

(2) If a home healthcare program as defined under this chapter is provided, the department of human services shall authorize an assessment and if the results of the assessment indicate that the person can receive the appropriate level of care at home, the official shall prepare for that person a plan for the provision of services comparable to those that would be rendered in a nursing home. In developing the plan, the department shall consult with those persons performing the assessment. The services shall be provided by certified home health agencies, home health aide/homemaker agencies, and adult daycare centers.

(3)(i) At the time of the initial assessment, and at the time of each subsequent assessment, the official shall establish a monthly budget in accordance with which he or she shall authorize payment for the services provided under the plan. Total monthly expenditures made under this title for that person shall not exceed a maximum of one hundred percent (100%) of the average of the monthly rates payable for skilled nursing/intermediate-care facility service as provided for in the department of human services.

(ii) Principles of reimbursement for skilled nursing/intermediate-care facility services provided eligible receipts of the medical assistance program. If an assessment of the persons needs demonstrates that he or she requires services the payment for which would exceed the monthly maximum, but it can be reasonably anticipated that total expenditures for required services for that person will not exceed the maximum calculated over a one-year period, the department of human services may authorize payment for those services.

(c) Notwithstanding any inconsistent provision of law, but subject to expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may authorize the utilization of medical assistance funds to pay for services provided by specified home healthcare persons in addition to those services included in the medical assistance program under chapter 8 of this title, so long as federal financial participation is available for those services. Expenditures made under this subsection shall be deemed payments for medical assistance for needy persons.

(d) The department shall not make payments pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for benefits available under Title XVIII, 42 U.S.C. § 1395 et seq., of the act without documentation that Title XVIII claims have been filed and denied.

(e) The department shall not make payment for a person receiving a long-term home healthcare program while payments are being made for that person for inpatient care in a skilled nursing and intermediate-care facility or hospital.
R.I. Gen. Laws § 40-8-30 — RI Code / Title 40 / Chapter 40-8 / Section 40-8-30
§ 40-8-30. Suspension of participating providers.
Status: in_force

Any approved medical assistance provider who declines to participate in contracting for benefits in any one of the departments medical assistance programs, including, but not limited to, any and all managed care programs, may be suspended as a participating provider and denied participation in all state-operated medical assistance programs at the discretion of the department. Prior to suspension, a participating provider shall have the right to appeal such suspension to a state administrative hearing officer, in accordance with the rules of the department of human services.
R.I. Gen. Laws § 40-11-7 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-7
§ 40-11-7. Investigation of reports  Petition for removal from custody  Report to child advocate  Attorney general  Court-appointed special advocate  Childrens advocacy center.
Status: in_force

(a) The department shall investigate reports of child abuse and neglect made under this chapter in accordance with the rules the department has promulgated and in order to determine the circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation shall include personal contact with the child named in the report and any other children in the same household. Any person required to investigate reports of child abuse and/or neglect may question the subjects of those reports with or without the consent of the parent or other person responsible for the childs welfare. The interviewing of the child or children, if they are of the mental capacity to be interviewed, shall take place in the absence of the person or persons responsible for the alleged neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is denied reasonable access to a child by the parents or other person, and that person required to investigate deems that the best interests of the child so require, they may request the intervention of a local law enforcement agency, or seek an appropriate court order to examine and interview the child. The department shall provide such social services and other services as are necessary to protect the child and preserve the family.

(b) In the event that after investigation it is determined by the department that the child is being or has been abused or neglected but that the circumstances of the childs family or otherwise do not require the removal of the child for his or her protection, the department may allow the child to remain at home and provide the family and child with access to preventative support and services. In addition, the department is authorized to petition the family court for an order for the provision of treatment of the family and child. Provided, further, the department shall notify the childrens advocacy center of all suspected cases of child sexual abuse.

(c) The department shall have the duty to petition the family court for removal of the child from the care and custody of the parents, or any other person having custody or care of the child, if there is a determination that a child has been abused or neglected; which results in a child death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect, the department may petition the family court for the removal of the alleged perpetrator of that abuse and/or neglect from the household of the child or children when the child or children are eleven (11) years of age or older. It shall be the responsibility of the department to make the parent or other person responsible for the childs welfare aware of the court action, the possible consequences of the court action, and to explain the rights of the parent relative to the court action.

(d) The department shall forward immediately any reports of institutional child abuse and neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title 42, and also to any guardian ad litem and/or attorney of record for the child.

(e) In the event that after investigation the department takes any action regarding placement of the child, the department shall immediately notify the child advocate of such action.

(f) In the event that after investigation the department has reasonable cause to know or suspect that a child has been subjected to criminal abuse or neglect, the department shall forward immediately any information as it relates to that knowledge or suspicion to the law enforcement agency.

(g) If a report is accepted as a valid allegation of abuse or neglect, the department shall collect information concerning the military status of the parent or guardian of the child who is the subject of the report and shall share information about the allegation with the appropriate military authorities.
R.I. Gen. Laws § 40-14-5 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-5
§ 40-14-5. Persons to whom available.
Status: in_force

Loans shall be made available directly to the person with a disability or, where appropriate, to the parent or legal guardian of the person with a disability.
R.I. Gen. Laws § 40-6-18 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-18
§ 40-6-18. Agreements with other states.
Status: in_force

The department shall have the authority to enter into reciprocal agreements with other states and territories of the United States providing for the payment of assistance to former residents of this state residing in other states.
R.I. Gen. Laws § 40-20-2 — RI Code / Title 40 / Chapter 40-20 / Section 40-20-2
§ 40-20-2. Long-term-care entry system.
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 work collaboratively to design and implement subject to appropriation by October 1, 2006, a standardized, community-based, comprehensive system for entry into state long-term-care programs and services. The system shall include community-based staff to administer pre-screening long-term-care assessments and care-management services, as defined and required under chapter 66.6 of title 42, and to make recommendations for services, including home- and community-based alternatives to residential care, and to assist with access to services. The long-term-care entry system shall include the essential elements contained in § 40-20-1(b).
R.I. Gen. Laws § 40-6-3.7 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.7
§ 40-6-3.7. Local welfare offices.
Status: in_force

There shall be in each city or town a public welfare office or offices where persons may make application for any type of public assistance, unless the director of the department of human services designates other suitable offices within the state where persons may make application. Suitable quarters for the office shall be provided by cities and towns, and for the expense of maintaining the offices, the cities and towns shall be reimbursed as a general public assistance expense. In situations where, in the judgment of a city or town, the amount of work does not justify the establishment of a local office or where, for other reasons, a city or town does not desire a local office, the state may, with the approval of the cities or towns concerned, establish an office that may serve two (2) or more cities or towns.
R.I. Gen. Laws § 40-14-9 — RI Code / Title 40 / Chapter 40-14 / Section 40-14-9
§ 40-14-9. Reports.
Status: in_force

The director shall file reports with the governor and the general assembly on or before January 30, 1989, 1990, and 1991. Each report shall include a detailed accounting of the loans from and repayments to the fund during the preceding calendar year; the directors recommendation as to whether the funds maximum total loan authority, as set forth in § 40-14-6, should be increased or reduced; and other information as the director deems relevant to an evaluation of the performance of the fund.
R.I. Gen. Laws § 40-6-3.10 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-3.10
§ 40-6-3.10. Funeral and burial expenses.
Status: in_force

(a) The department may provide for vendor payment of reasonable funeral and burial expenses of deceased residents of this state who are found eligible in accordance with rules and regulations of the department. The department shall, from time to time, establish cost standards for the reasonable funeral and burial expenses, which cost standards shall establish the maximum amount payable by this department for the expenses and the maximum, total allowable funeral and burial costs. The amount payable under this section shall be determined with due regard to the income and resources of the deceased and his or her legally-liable relatives, if any, and shall be reduced dollar-for-dollar by contributions of friends or other kindred in excess of the maximum total allowable funeral and burial costs established by the department.

(b) Application for payment of funeral and burial expenses shall be made on behalf of a decedent before final funeral arrangements with a funeral director are concluded. Provided, that any legally liable relative and/or agent of the decedent may make an application under this section within thirty (30) days after the death of the decedent.

(c) In determining either eligibility for benefits and/or the amount of any reduction in benefits paid under this section, the department shall exclude any of the following forms of income:

(1) Veterans benefits; and/or

(2) Social Security lump-sum benefits.

(d) The departments standard, basic-allowance payment shall be set at nine hundred dollars ($900).

(e) The amount of the contribution that friends or other kindred, except for legally-liable relatives, may make for upgraded services and merchandise, without affecting eligibility for the basic allowance, shall be set at one thousand six hundred dollars ($1,600).

(f) Whenever the person having custody of an unclaimed deceased body as specified in § 23-18.1-1 contacts the department of human services to report the unclaimed body of a deceased person, the department shall deem this referral as an application of payment for funeral and burial expenses, and the department shall process that application in accordance with the provisions of this section.

(g) In the event that the department determines that the unclaimed deceased body is not eligible for a vendor payment of reasonable funeral and burial expenses because of the availability of the decedents assets, the director of the department may nonetheless authorize the burial of the person and he or she may notify the specified funeral home of the existence of the decedents assets.
R.I. Gen. Laws § 40-11-10 — RI Code / Title 40 / Chapter 40-11 / Section 40-11-10
§ 40-11-10. Use of physicians report for petition for removal.
Status: in_force

In the case of an ex parte petition for removal under this chapter, a signed physicians report that a child is abused or neglected as previously defined shall be sufficient to support approval of the ex parte petition for removal.
R.I. Gen. Laws § 40-6-21 — RI Code / Title 40 / Chapter 40-6 / Section 40-6-21
§ 40-6-21. Child support  Income tax refund offset.
Status: in_force

The department is authorized and directed to promulgate rules and regulations to implement the federal and state programs for offset and collection of past-due child and spousal support from income tax refunds, as authorized by Sections 6305(b) and 6402(c) of the Internal Revenue Code, 26 U.S.C. §§ 6305(b) and 6402(c), and implementing regulations, and as authorized by chapter 30.1 of title 44. The rules and regulations shall provide the child support obligor with an opportunity for an administrative hearing to contest the offset.