reglab/housing_qa huggingface dataset:
RI Gen L § 40.1-24.6-3 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies|Section 40.1-24.6-3 - Authorization to self-insure.

§ 40.1-24.6-3. Authorization to self-insure.(a) Operators of two (2) or more developmental disability agencies are hereby authorized and empowered to:(1) Create a separate corporation (the "corporation") for the purpose of issuing healthcare insurance to the corporation members' employees and their dependents, and their retirees and their dependents; and(2) To develop and administer a sufficiently capitalized, self-insured group-risk-management program (product).(b) The corporation may have as its purposes the reduction of the risk of its members; distributing, sharing, and pooling risks; acquiring excess loss insurance; and processing and defending claims against the members of the corporation. Any contributions made to the corporation for the purpose of distributing, sharing, or pooling risks shall be made on an actuarially sound basis, and the corporation shall have an audit performed annually, copies of which shall be provided to the corporation membership.(c) The corporation shall not be considered an insurance company, and shall not be subject to the provisions of the laws or regulations of the state of Rhode Island regulating insurance companies and multiple employer welfare arrangements, and therefore, shall not be subject to regulation by the Rhode Island department of business regulation or the Rhode Island office of the health insurance commissioner.(d) The corporation created pursuant to the provisions of this chapter will be created by filing articles of incorporation pursuant to chapter 6 of title 7 entitled "Rhode Island Nonprofit Corporation Act," and the articles of incorporation will be filed by an incorporating developmental disability agency (member). The articles of incorporation creating the corporation pursuant to the provisions of this section may contain provisions, not inconsistent with this section, that the incorporators (members) determine to be desirable or useful in fulfilling the purposes set forth in this section. The corporation created pursuant to the provisions of this section will have all of the powers of a nonprofit corporation created under chapter 6 of title 7.(e) Whenever the governing board of the corporation created pursuant to the provisions of this chapter determines that the purposes for which the corporation was created have been substantially fulfilled and all bonds, notes, or other obligations of the corporation have been fully paid or adequate provision has been made for their payment, the corporation may be dissolved in the manner provided for nonprofit corporations pursuant to chapter 6 of title 7 and, upon the corporation's dissolution, title to all financial resources and assets of the corporation shall vest in and become the property of the members of the corporation in proportions that are provided for in the corporation's articles of incorporation.History of Section.P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
RI Gen L § 40.1-24.6-4 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies|Section 40.1-24.6-4 - Obligations of participating entities.

§ 40.1-24.6-4. Obligations of participating entities.Operators of developmental disability agencies intending to participate in the corporation shall enter into a contractual agreement with the corporation that shall, among other provisions, describe and define each member's obligations relative to funding, length of commitment, liabilities, and participation in the program. Such an agreement shall also define and delineate the terms upon which an operator may disaffiliate from the corporation and agreement. The agreements shall also include provisions that require members to be jointly and severally liable for losses of the self-insurance fund and shall include the mechanism for distributing such losses. The state of Rhode Island shall be immune from liability for losses of the self-insurance fund.History of Section.P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
RI Gen L § 40.1-24.6-5 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies|Section 40.1-24.6-5 - Establishment of fund.

§ 40.1-24.6-5. Establishment of fund.A fund may be established to insure the healthcare costs of the corporation members' employees, their covered dependents, the retirees and their covered dependents, not otherwise insured, to the extent determined by the corporation's articles of incorporation. Efforts will be made to establish uniformity among health-benefit plans issued to these employees, retirees, and dependents.History of Section.P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
RI Gen L § 40.1-24.6-6 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies|Section 40.1-24.6-6 - Payment to and from fund.

§ 40.1-24.6-6. Payment to and from fund.(a) The monies in the fund will be used as nonlapsing, revolving financial resources for carrying out the provisions of this chapter.(b) The financial notes and obligations issued by the corporation, pursuant to the provisions of this chapter, will not be deemed to constitute a debt or liability of the state of Rhode Island, nor a political subdivision of the state, but will be payable solely from the revenues or assets of the fund.History of Section.P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
RI Gen L § 40.1-24.6-7 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies|Section 40.1-24.6-7 - Stop-loss coverage.

§ 40.1-24.6-7. Stop-loss coverage.(a) The corporation established pursuant to this chapter for the purpose of providing healthcare costs for members' employees, retirees, and other beneficiaries must participate in a group stop-loss policy provided by a licensed insurance company.(b) The group stop-loss policy coverage will include a specific deductible stop-loss policy, and aggregate stop-loss coverage, both of which will apply to the corporation's participating developmental disability agencies.(c) Under the specific deductible stop-loss coverage, the licensed insurance carrier will assume liability beyond the specific deductible amount up to the limits of the policy.(d) For the aggregate stop-loss coverage, the licensed insurance carrier will assume all of the claims threshold:(1) Beyond one hundred and twenty percent (120%) of the expected claims for the policy year, up to the limits of the policy, or, if unavailable;(2) Beyond a percentage rate that is consistent with marketplace standards for aggregate stop-loss insurance, but not to exceed one hundred and twenty-five percent (125%) of expected claims for the policy year.(e) In addition to stop-loss policy coverage, the corporation must place in reserve an appropriate amount of money to cover the estimated cost of claims incurred, but unpaid, during the term of the policy or contract which shall be added to the expected claim level. The reserves for unpaid claims shall be in addition to monies reserved to cover the claims paid during the term of the policy, or contract for payment of healthcare costs for the employees, retirees, and other beneficiaries.History of Section.P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
RI Gen L § 40.1-25-1 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25 - Protection and Advocacy System - Right of Access|Section 40.1-25-1 - Right of access.

§ 40.1-25-1. Right of access.Any facility rendering care or treatment to a mentally ill individual as defined in § 40.1-25-2 shall permit the protection and advocacy system established by 42 U.S.C. § 10801 et seq., and its designees as certified by that agency, whose purposes include rendering assistance without charge to mentally ill individuals to have access to a facility in order to:(1) Communicate privately by mail or orally with any person in treatment.(2) Inspect all records relating to persons in treatment, provided that the person in treatment, or his or her guardian, gives written permission.(3) Take whatever steps are appropriate, including posting notice, to see that persons are made aware of the services of the protection and advocacy system, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the protection and advocacy system in this respect.(4) Take action it deems appropriate to protect the rights of those criminally insane patients included within the forensic unit of the department of behavioral healthcare, developmental disabilities and hospitals and those previously considered to be within the authority of the Interstate Compact on the Mentally Disordered Offender.(5) Have access to policies, rules, and regulations affecting care, rights, or responsibilities of individuals residing therein.(6) Investigate incidents of abuse and neglect of mentally ill individuals if incidents are reported to the system or if there is probable cause to believe the incidents occurred.History of Section.P.L. 1988, ch. 275, § 1; P.L. 1997, ch. 326, § 142.
RI Gen L § 40.1-25-2 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25 - Protection and Advocacy System - Right of Access|Section 40.1-25-2 - Definitions.

§ 40.1-25-2. Definitions.(a) "Facility rendering care or treatment" means and includes, but is not limited to, public and private hospitals, community residences as defined by § 40.1-24.5-1, shelter-care facilities, board-and-care facilities, group homes, nursing homes, and other congregate living facilities for mentally ill individuals.(b) "Mentally ill individual" means an individual:(1) Who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the state; and(2) Who is an inpatient or resident in a facility as defined in subsection (a).History of Section.P.L. 1988, ch. 275, § 1.
RI Gen L § 40.1-25-3 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25 - Protection and Advocacy System - Right of Access|Section 40.1-25-3 - Penalties.

§ 40.1-25-3. Penalties.Any facility that violates the requirements of this chapter shall be guilty of a misdemeanor for the violation, punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.History of Section.P.L. 1988, ch. 275, § 1.
RI Gen L § 40.1-25.1-1 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-1 - Purpose.

§ 40.1-25.1-1. Purpose.In order to provide protection for persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department of behavioral healthcare, developmental disabilities and hospitals, all persons eighteen (18) years or older seeking employment in any facility or program licensed, funded, and/or operated by the department shall be required to undergo a national criminal background check for the purpose of determining whether the prospective employee has been convicted of a crime that bears upon his or her fitness to have the responsibility for the safety and well-being of persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-2 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-2 - Definitions.

§ 40.1-25.1-2. Definitions.For purposes of this chapter:(1) "Agency" means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, persons who are mentally ill, and persons who are substance abusers and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1-24-1 et seq.(2) "Applicant for employment" means a person over the age of eighteen (18) who has applied for and been offered employment in a facility, program, or agency licensed, funded, and/or operated by the department.(3) "Department" means the department of behavioral healthcare, developmental disabilities and hospitals.(4) "Director" means the director of the department of behavioral healthcare, developmental disabilities and hospitals or the designee of the director.(5) "Employer" means any facility, program, or agency licensed and/or funded by the department of behavioral healthcare, developmental disabilities and hospitals and shall mean the department when the facility or program is operated by the department.(6) "Facility" means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals, except for the Eleanor Slater Hospital, providing program services that do not constitute medical or custodial care but do offer rehabilitation, habilitation, psychological support, and social guidance.(7) "Program" means a planned service-delivery system structured to provide specific components, that are responsive to the needs of those served.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-3 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-3 - Criminal records check requirement.

§ 40.1-25.1-3. Criminal records check requirement.(a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and any facility or program operated by the department shall require all applicants for employment, if that employment involves routine contact with patients, residents, or clients without the presence of other employees, to apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check. The check will conform to the applicable federal standards, including the taking of fingerprints of the applicant.(b) If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the state police or the local police department will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the state police or the local police department will inform the applicant, in writing, of the nature of the disqualifying information. An applicant against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the employment of the applicant.(c) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department shall inform both the applicant and the employer of this fact.(d) The employer will maintain on file, subject to investigation by the department, evidence that criminal records checks in accordance with this statute have been initiated on all employees seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the evidence on file will be prima facie grounds to revoke the license or certification of the operator of any facility or program licensed or certified by the department.(e) It shall be the responsibility of the bureau of criminal identification of the state police or the local police department to conduct the national criminal records check for the applicant.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-4 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-4 - Prior criminal records check.

§ 40.1-25.1-4. Prior criminal records check.If an applicant has undergone a national criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification of the state police or the local police department shall respond without disclosing the nature of any disqualifying information. The letter shall be maintained on file to satisfy the requirements of this chapter.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-5 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-5 - Destruction of fingerprint records.

§ 40.1-25.1-5. Destruction of fingerprint records.At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-6 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-6 - Rules and regulations.

§ 40.1-25.1-6. Rules and regulations.The director shall promulgate rules and regulations to carry out the intent of this chapter. The rules shall specify the types of jobs and positions that would require national criminal background checks and the rules shall specify those items of information appearing on a criminal records check that constitute disqualifying information because that information would indicate that the employment could endanger the health or welfare of patients, clients, or residents. The rules and regulations shall specify that the department shall bear the responsibility for the cost of the national background checks. In doing so, the department shall consider and seek all possible avenues of reimbursement for these background checks. In no event shall the provider, the state or local police department, or the applicant be responsible for any portion of the cost of the national background check.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-25.1-7 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-25.1 - Employee Criminal Records Check|Section 40.1-25.1-7 - Immunity from liability.

§ 40.1-25.1-7. Immunity from liability.No employer who disqualifies an individual from employment because of the receipt of a notice of disqualifying information pursuant to this chapter shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of such disqualification.History of Section.P.L. 2001, ch. 410, § 1.
RI Gen L § 40.1-26-1 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-26 - Rights for Persons with Developmental Disabilities|Section 40.1-26-1 - Short title.

§ 40.1-26-1. Short title.This chapter shall be known as the "Rights for Persons with Developmental Disabilities."History of Section.P.L. 1990, ch. 414, § 1.
RI Gen L § 40.1-26-3.1 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-26 - Rights for Persons with Developmental Disabilities|Section 40.1-26-3.1 - Applicant's rights.

§ 40.1-26-3.1. Applicant's rights.In addition to any other rights provided by state or federal laws, an applicant, as defined in this chapter, shall be entitled to:(1) Notification in a timely manner regarding his or her application;(2) Receive information regarding the appeal process;(3) Receive information regarding the scope and availability of services.History of Section.P.L. 1994, ch. 83, § 3.
RI Gen L § 40.1-26-4 (2021)
2021 Rhode Island General Laws|Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals|Chapter 40.1-26 - Rights for Persons with Developmental Disabilities|Section 40.1-26-4 - Requirements of agencies.

§ 40.1-26-4. Requirements of agencies.(a) In a manner consistent with the participant's learning style, every agency shall provide to participants and/or advocates, upon entry into the agency and at the yearly review of the individualized plan information describing the participant rights, the name, address, and phone number of the human rights committee chair, or his or her designee; the participant grievance procedure as required by § 40.1-26-5; and the availability of free legal assistance. Every agency shall also post a notice describing the information set out in this subsection.(b) Every agency shall establish or participate in a human rights committee comprised of persons with developmental disabilities; family members of persons with developmental disabilities; qualified persons who have either experience or training in contemporary practices to change inappropriate participant behavior; advocates of persons with developmental disabilities; and staff of agencies providing services to persons with developmental disabilities; provided, however, that employees and/or their spouses of the agency shall not participate in that agency's human rights committee as voting members.(c) Every agency shall utilize the human rights committee to review, approve, and monitor individual plans designed to modify behavior that utilize aversive techniques or impair the participant's liberty and other plans, policies, and procedures that involve risks to participant protection and rights. No agency shall implement a plan to modify behavior, or any other plan, policy, or procedure described in this section without prior approval by the human rights committee.(d) Every agency shall maintain incident reports documenting (1) any injury, any physical or emergency chemical restraint, or alleged human rights violation, including, but not limited to, allegations of abuse, neglect, mistreatment, and (2) serious incidents.(e) Every agency shall provide the human rights committee with copies of all incident reports completed by the agency.(f) Every agency shall provide the human rights committee with copies of all grievances filed by participants or advocates and a copy of the final resolution of the grievance.History of Section.P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83 § 2.