reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-2. - Purpose.

§ 40.1-24-2. Purpose.
(a)
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:
(1)
For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury;
(2)
For the construction, maintenance, and operation of facilities that will promote safe and adequate accommodations for individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury; and
(3)
For the establishment of a comprehensive licensing policy with respect to facilities and programs for people who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury.
(b)
The department of behavioral healthcare, developmental disabilities and hospitals is hereby authorized and directed to be the licensing authority in Rhode Island for residential and other support programs designed specifically for persons with cognitive disabilities such as brain injury. These licensure requirements shall be the same standards for persons with developmental disabilities except that for these purposes all references to “developmental disabilities” shall mean “cognitive disabilities.”
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-2; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 370, art. 14, § 16; P.L. 1999, ch. 83, § 112; P.L. 1999, ch. 130, § 112; P.L. 2001, ch. 385, § 2; P.L. 2001, ch. 389, § 1; P.L. 2005, ch. 351, § 3; P.L. 2005, ch. 394, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-3. - License requirement.

§ 40.1-24-3. License requirement.
No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, or maintain a facility or program as defined in this chapter in this state without a license under this chapter.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-4. - Application for license.

§ 40.1-24-4. Application for license.
An application for a license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed pursuant to this chapter.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-4; P.L. 1979, ch. 39, § 1; P.L. 1997, ch. 326, § 140.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-5. - Issuance of license — Transfer.

§ 40.1-24-5. Issuance of license — Transfer.
Upon receipt of an application for license, the department shall issue a license if the applicant meets the requirements established under this chapter. If all the requirements under this chapter are not met, the department may issue a provisional license for a period not to exceed six (6) months if the issuance will not result in undue hazard to residents or clients. A license issued under this chapter shall be the property of the state and loaned to the licensee, and it shall be kept in an accessible place at all times on the licensed premises. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-5; P.L. 1979, ch. 39, § 1; P.L. 1997, ch. 326, § 140.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-6. - Expiration and renewal of license.

§ 40.1-24-6. Expiration and renewal of license.
A license, other than a provisional license, unless sooner suspended or revoked, shall remain in full force and effect until renewed by approval of the department in accordance with procedures for renewal set forth in rules and regulations to be adopted by the department pursuant to § 40.1-24-9; the procedures must include a process by which a license shall be renewed on the basis of deemed status as defined in § 40.1-24-1.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-6; P.L. 1979, ch. 39, § 1; P.L. 1982, ch. 166, § 1; P.L. 2011, ch. 152, § 3; P.L. 2011, ch. 171, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-7. - Denial, suspension, or revocation of license.

§ 40.1-24-7. Denial, suspension, or revocation of license.
(a)
Deemed status shall not prohibit the department from taking any licensing action it deems necessary.
(b)
The department, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing.
(c)
On the basis of any hearing, or upon default of the applicant or licensee, the department shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty-day (30) period, appeals the decision to the superior court, pursuant to § 40.1-24-8. The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.
(d)
A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to § 40.1-24-8. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-7; P.L. 1979, ch. 39, § 1; P.L. 2006, ch. 216, § 31; P.L. 2011, ch. 152, § 3; P.L. 2011, ch. 171, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-8. - Review of license action.

§ 40.1-24-8. Review of license action.
Any applicant or licensee or the state acting through the attorney general, aggrieved by the decision of the department after a hearing may, within thirty (30) days after the mailing or serving of notice of the determination, as provided in § 40.1-24-7, file a notice of appeal in the superior court of the county in which the facility or program is located, or to be located, and serve a copy of the notice of appeal upon the department. The appeal shall serve as a stay of the denial, suspension, or revocation on being filed with the clerk of the court for a period not to exceed thirty (30) days not counting Sundays or legal holidays for a further period of thirty (30) days from the day of serving of the notice. If the appeal has not been heard or disposed of within the thirty-day (30) period, the denial, suspension, or revocation shall no longer be stayed but shall remain in full force and effect during any further pendency of the appeal unless the superior court shall, for good cause shown, extend the period of the stay, but in no event shall the period be extended beyond the date when the superior court shall render its judgment upon the appeal.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-9. - Rules, regulations, and standards.

§ 40.1-24-9. Rules, regulations, and standards.
The department shall adopt, amend, promulgate, and enforce such rules, regulations, and standards with respect to all facilities and programs licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate facilities and programs in the interest of public health, safety, and welfare.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-9; P.L. 1979, ch. 39, § 1; P.L. 1997, ch. 326, § 140.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-10. - Time allowed for compliance with new rules or standards.

§ 40.1-24-10. Time allowed for compliance with new rules or standards.
Any facility that is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of promulgation of any applicable rules or regulations or minimum standards, within which to comply with the rules and regulations and minimum standards.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-10; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-11. - Inspections and investigations — Alterations or new construction.

§ 40.1-24-11. Inspections and investigations — Alterations or new construction.
The department shall make or cause to be made such inspections and investigations that it deems necessary. Deemed status shall not prohibit the department from conducting any inspection and/or investigation it deems necessary. The department may prescribe by regulations that any licensee or applicant desiring to make a specified type of alteration or addition to its facilities or to construct new facilities shall, before commencing the alteration, addition, or new construction, submit plans and specifications thereto to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. Necessary conference and consultations may be provided.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-11; P.L. 1979, ch. 39, § 1; P.L. 2011, ch. 152, § 3; P.L. 2011, ch. 171, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-12. - Confidentiality of information.

§ 40.1-24-12. Confidentiality of information.
Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals or facilities and programs, except in a proceeding involving the question of licensure.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-12; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-13. - Annual report of activities.

§ 40.1-24-13. Annual report of activities.
The department shall prepare and publish an annual report of its activities and operations under this chapter.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-13; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-14. - Operation of unlicensed facility.

§ 40.1-24-14. Operation of unlicensed facility.
Any person establishing, conducting, managing, or operating any facility, as defined in this chapter, without a license pursuant to this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both, in the discretion of the court, for each offense.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-14; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-15. - Injunction to restrain operation without license.

§ 40.1-24-15. Injunction to restrain operation without license.
Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a facility, as defined in this chapter, without a license pursuant to this chapter.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-15; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-16. - Institutions to which chapter inapplicable.

§ 40.1-24-16. Institutions to which chapter inapplicable.
The provisions of this chapter shall not be construed to apply to substance abuse facilities, infant’s boarding homes, day nurseries, or homes for aged or convalescent persons (chapters 17 and 17.4 of title 23 and chapter 13 of title 40 [repealed]).
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-16; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 370, art. 14, § 16.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-17. - Power to enforce chapter.

§ 40.1-24-17. Power to enforce chapter.
The director of the department of behavioral healthcare, developmental disabilities and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day-treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to people who are alcoholics, drug abusers, mentally ill or who are persons with developmental disabilities.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-17; P.L. 1979, ch. 39, § 1; P.L. 1992, ch. 418, § 8; P.L. 1995, ch. 370, art. 14, § 16; P.L. 1999, ch. 83, § 112; P.L. 1999, ch. 130, § 112; P.L. 2001, ch. 385, § 2; P.L. 2001, ch. 389, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-18. - Severability.

§ 40.1-24-18. Severability.
If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-18; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-19. - Aftercare programs.

§ 40.1-24-19. Aftercare programs.
(a)
All community residences that provide care for people who are mentally ill, or alcohol and/or drug abusers, that are funded in whole or in part by state funds, shall establish an aftercare program. The program shall require the following:
(1)
A minimum of two (2) follow-up contact attempts to be made within six (6) months after discharge. The follow-up attempts, successful or unsuccessful, shall be recorded in the client record. This documentation shall include:
(i)
In the case of successful follow-up, a summary of the client’s progress or regression shall be noted in the record.
(ii)
In the case of an unsuccessful follow-up, a record shall be made of:
(A)
Date and time of attempted contact.
(B)
Type of contact.
(C)
Reason for unsuccessful contact.
(D)
Plan for future follow-up contact attempt.
(b)
The program shall be operated with existing funds appropriated pursuant to this chapter.
(c)
Evaluation and monitoring of this program shall be conducted annually by the department of behavioral healthcare, developmental disabilities and hospitals.
History of Section.
P.L. 1984, ch. 424, § 1; P.L. 1999, ch. 83, § 112; P.L. 1999, ch. 130, § 112.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-20. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.

§ 40.1-24-20. Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Every physician or healthcare provider attending any person for any service offered at a facility for intravenous drug users shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of chapter 6.3 of title 23.
History of Section.
P.L. 1988, ch. 405, § 5; P.L. 1990, ch. 169, § 2; P.L. 2000, ch. 171, § 5; P.L. 2006, ch. 599, § 9; P.L. 2009, ch. 196, § 8; P.L. 2009, ch. 289, § 8.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24 - Facilities and Programs › Section 40.1-24-21. - Competency evaluation and training programs for residential instructors.

§ 40.1-24-21. Competency evaluation and training programs for residential instructors.
Individuals employed as residential instructors in privately and publicly operated residential programs for persons who are developmentally disabled, licensed pursuant to the provisions of this chapter, shall successfully pass a qualifying competency evaluation or complete a training program. Competency evaluation and training programs must be approved by the division of developmental disabilities of the department of behavioral healthcare, developmental disabilities and hospitals and incorporated into the department’s rules, regulations, and standards for licensing facilities pursuant to this chapter of this title. The residential instructor competency evaluation and curriculum shall be assembled by December 31, 1991. Those employees hired after December 31, 1991, shall complete the required residential instructor training within the first six (6) months of employment. The competency evaluations for staff employed as of June 18, 1991, shall be completed by March 31, 1992.
History of Section.
P.L. 1991, ch. 301, § 2; P.L. 1999, ch. 83, § 112; P.L. 1999, ch. 130, § 112; P.L. 2001, ch. 385, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-1. - Definitions.

§ 40.1-24.5-1. Definitions.
Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:
(1)
“Community residence” means a place, such as a group home, however named, licensed pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological support, skills training, social guidance, and living accommodations to individuals who are mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be deemed to include places, however named, for persons with intellectual or developmental disabilities, or persons with substance use disorders.
(2)
“Director” means the head or the chief administrative officer of the community residence, or the director’s designee.
(3)
“Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 40.1-24.5-6.
(4)
“Individualized service plan” means the document that sets forth specific services, such as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and express short- and long-term goals and objectives responsive to the individual needs of the resident.
(5)
“Mental health advocate” means and refers to the individual appointed by the governor with the advice and consent of the senate in accordance with § 40.1-5-14 and to the advocate’s duly appointed assistants.
(6)
“Person” means any individual, partnership, corporation, company, or association and the legal successors in interest thereof.
(7)
“Resident” means an individual of lawful age admitted to a community residence.
History of Section.
P.L. 1982, ch. 363, § 1; P.L. 2023, ch. 61, §§ 8, 11, effective June 14, 2023; P.L. 2023, ch. 62, §§ 8, 11, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-2. - General powers and duties of the director of behavioral healthcare, developmental disabilities and hospitals.

§ 40.1-24.5-2. General powers and duties of the director of behavioral healthcare, developmental disabilities and hospitals.
(a)
The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and the care of the mentally disabled with respect to this chapter, and is hereby authorized and empowered to do all acts necessary and proper to ensure the comfort and welfare of residents and to protect residents’ rights.
(b)
The director of behavioral healthcare, developmental disabilities and hospitals, or one or more of his or her assistants or representatives so designated, may:
(1)
Examine all community residences; and
(2)
Inquire into their methods of government and the management of all persons therein; and
(3)
Examine into the condition of all buildings, grounds, and other property connected with a community residence and into all matters relating to its management.
(c)
The director of behavioral healthcare, developmental disabilities and hospitals may adopt and promulgate rules and regulations governing the management of community residences as he or she may deem necessary to carry out the provisions of this chapter.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-3. - Legal rights and competence of persons admitted — Informing person as to rights, obligations, and grievance procedures.

§ 40.1-24.5-3. Legal rights and competence of persons admitted — Informing person as to rights, obligations, and grievance procedures.
(a) Continuation of rights, responsibilities, and obligations.
No resident, as a consequence of admission to a community residence and of receiving an evaluation of mental disability, shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a citizen, unless otherwise prescribed by law. Among others, no resident shall be presumed to be incompetent to manage his or her affairs, to contract, to hold or seek a professional, occupational, or vehicle operator’s license, to make a will, to marry, or for any other purpose, unless otherwise prescribed by law. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any individual applying for admission shall have the legal capacity to contract, it being sufficient for such purpose, that the individual understand the nature and consequence of making the application.
(b) Admission; requirements; duties of residence staff.
(1)
As part of the procedure for the admission of an individual to a community residence, each prospective resident shall be fully informed of all rules, regulations, and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging the disclosure shall be signed by the prospective resident in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon.
(2)
Further, at the time of admission, each resident shall be fully informed of residents’ rights and a written copy of the residents’ rights shall be given to each resident who shall acknowledge receipt of the written copy by his or her signature upon the copy. This written copy of residents’ rights shall include the working hours, address, and telephone number of the mental health advocate.
(3)
Further, at the time of admission, each resident shall be fully informed, orally and in writing, of the grievance procedure established within the community residence.
(4)
Further, at the time of admission, each resident shall be informed, in writing, of all anticipated financial charges, including all costs not covered either under federal and/or state programs, by other third payers by the community residence’s basic per-diem rate.
History of Section.
P.L. 1982, ch. 363, § 1; P.L. 1997, ch. 326, § 141.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-5. - Absolute rights of residents.

§ 40.1-24.5-5. Absolute rights of residents.
No resident admitted to any community residence shall be deprived of any constitutional, civil, or legal right, solely by reason of admission. Among others, each resident shall be entitled to the following rights without limitation:
(1)
To privacy and dignity;
(2)
To civil service or merit rating or ranking and appointment;
(3)
Those relating to the granting, forfeiture, or denial of a license, permit privilege, or benefit pursuant to any law;
(4)
To attend or not attend religious services;
(5)
To be visited privately at all reasonable times by one’s personal physician, attorney, clergyperson, and the mental health advocate;
(6)
To vote and participate in political activity, including reasonable assistance when desired in registering and voting;
(7)
To be employed at a gainful occupation insofar as the resident’s condition permits. No resident shall be required to perform labor that involves the essential operation and maintenance of the community residence or program or the regular supervision or care of other residents. Residents may be required to perform labor involving normal housekeeping and home-maintenance functions as documented in their individualized service plan or as delineated in the community residents rules and regulations;
(8)
To communicate by sealed mail or otherwise with persons of one’s choosing;
(9)
To participate in the development of individualized service plan;
(10)
To have access to his or her individualized service plan and other medical, social, financial, vocational, psychiatric, or other information included in the resident’s file maintained by the community residence;
(11)
To not be the subject to experimental research without his or her prior written and informed consent;
(12)
To be free from verbal and physical abuse;
(13)
To register an alleged violation of resident’s rights through the established grievance procedure as delineated in § 40.1-24.5-8; and
(14)
To have access to the mental health advocate upon request and to have assistance when desired and necessary to implement this right.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-6. - Qualified rights of residents.

§ 40.1-24.5-6. Qualified rights of residents.
Except to the extent that the director as defined in § 40.1-24.5-1 determines that a limitation or a denial of one of the following rights would be in the resident’s best interests and, further, unless the director documents the good-cause reasons for the denial or limitations in the resident’s individualized service plan, the resident shall be entitled to the following:
(1)
To wear one’s own clothes and to keep and use one’s own personal possessions;
(2)
To keep and be allowed to spend a reasonable sum of one’s own money for consumer purchases;
(3)
To have reasonable access to a telephone to make and receive confidential calls;
(4)
To have opportunities for physical exercise and outdoor recreation;
(5)
To have reasonable, prompt access to current newspapers, magazines, and radio and television programming; and
(6)
To receive visitors of one’s own choosing at all reasonable times. Posted reasonable visiting hours must be maintained in each community residence, with a minimum of six (6) hours daily.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-7. - Posting of residents’ rights.

§ 40.1-24.5-7. Posting of residents’ rights.
A copy of the residents’ rights set forth in §§ 40.1-24.5-5 and 40.1-24.5-6 shall be conspicuously posted in community residences at all times.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-8. - Resident grievance procedure.

§ 40.1-24.5-8. Resident grievance procedure.
(a)
A community residence shall have a written grievance procedure in order to resolve allegations of violations of the rights assured in this chapter. The grievance procedure shall be conspicuously posted in residential and activity areas, along with the name and telephone number of the mental health advocate.
(b)
The resident shall be entitled to initiate a grievance at all times, and to this end, grievance forms shall be made available at all times. It shall be the duty of the community residence staff to encourage and assist the resident in exercising his or her rights under this section.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-9. - Notification of mental health advocate as to alleged violation of rights.

§ 40.1-24.5-9. Notification of mental health advocate as to alleged violation of rights.
(a)
The director will immediately notify the mental health advocate when a violation of absolute rights under § 40.1-24.5-5 is alleged. Subsequent to oral notification, the director will send to the mental health advocate a copy of the grievance form.
(b)
The director will notify the mental health advocate when a violation of qualified rights under § 40.1-24.5-6 is alleged by sending to the advocate a copy of the grievance form.
(c)
The director will send to the mental health advocate a copy of all written resolutions for all grievances filed under § 40.1-24.5-8.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-10. - Dismissal from community residence.

§ 40.1-24.5-10. Dismissal from community residence.
A resident shall be fully informed, in writing, of the grounds for dismissal from the community residence. In the event that a resident is aggrieved by a dismissal, the resident shall have absolute recourse to the resident grievance procedure as outlined in § 40.1-24.5-8.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-11. - Confidentiality of information and records.

§ 40.1-24.5-11. Confidentiality of information and records.
(a)
The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter shall be confidential.
(b)
Except as provided in subsections (c) and (d), the fact of admission and all confidential information and records shall not be released without the written consent of the resident concerned.
(c)
No consent for release of confidential information and records is required in the following situations:
(1)
To proper medical or psychiatric authorities for the purpose of providing emergency medical or psychiatric treatment when the resident’s life or health is in immediate jeopardy.
(2)
Between or among residence staff within the same community residence for purposes of coordinating services for a resident.
(3)
For program evaluation and/or research, provided that the director of behavioral healthcare, developmental disabilities and hospitals adopts rules ensuring the anonymity of the resident’s identity. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of the evaluation or research regarding residents who have received services such that the resident who received the services is identifiable.
(4)
Pursuant to an order of a court of competent jurisdiction.
(d)
If a resident is deceased, consent for release of information deemed confidential under this section may be obtained from his or her personal representative, or in the absence of a personal representative, his or her surviving spouse. If there is neither a personal representative nor surviving spouse, consent may be obtained from the resident’s kindred of the closest degree; if there is more than one person of lawful age within the same degree of kindred, each shall individually possess the right to provide consent.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-12. - Duties of the mental health advocate.

§ 40.1-24.5-12. Duties of the mental health advocate.
The mental health advocate shall perform the following duties:
(1)
Review periodically the procedures established by community residences to carry out the provisions of this chapter.
(2)
Review grievances of residents filed according to the provisions of the resident grievance procedure delineated in § 40.1-24.5-8 of this chapter in order to ensure that grievances have been fairly resolved in a timely fashion.
(3)
Investigate and report to the director of behavioral healthcare, developmental disabilities and hospitals and/or the director of the community residence any occurrences, conditions, or practices with respect to procedure, personnel, or policy that reflect inadequacies with reference to provisions of this chapter.
(4)
Assist any resident to obtain needed assistance concerning problems not related to the provisions of this chapter by referring residents to appropriate lawyer-referral services, public or private, depending upon the resident’s ability to pay, and assist the residents in the preparation and transmission of correspondence, forms, and other communications.
(5)
To take action as he or she deems appropriate to protect the rights of residents including, but not limited to, programs of public education, legislative advocacy, and formal legal action.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-13. - Access to information.

§ 40.1-24.5-13. Access to information.
The mental health advocate shall have access to the following information:
(1)
The names of all persons in community residences, and the date admission began, unless the resident concerned specifically objects, in writing, to the access at the time of admission.
(2)
All current records and files maintained by the community residence, pertaining to individualized service plans and notices of denials or limitations of qualified rights defined in § 40.1-24.5-6, provided that the resident concerned gives written permission for the access.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-14. - Rights and powers of the mental health advocate.

§ 40.1-24.5-14. Rights and powers of the mental health advocate.
In addition to any other rights and powers conferred upon him or her by law, the mental health advocate shall have the following rights and powers:
(1)
To communicate privately by mail or orally with any resident.
(2)
To inspect all records relating to residents, provided that the resident concerned gives written permission for inspection.
(3)
To take whatever steps are appropriate to see that persons are made aware of the services of the mental health advocate’s office, its purpose, and how it can be contacted. The director and staff of each community residence shall cooperate with the mental health advocate in this respect.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-15. - Willful deprivation of resident’s rights.

§ 40.1-24.5-15. Willful deprivation of resident’s rights.
Any person who willfully withholds from or denies to any person admitted to a community residence any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years, or both.
History of Section.
P.L. 1982, ch. 363, § 1; P.L. 1997, ch. 326, § 141.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-16. - Immunity from liability as to reports under chapter.

§ 40.1-24.5-16. Immunity from liability as to reports under chapter.
Any person who makes a report pursuant to this chapter, or who testifies in any administrative or judicial proceeding arising from the report, shall be immune from any civil or criminal liability for making the report or for testifying except for liability for perjury, unless the person acted in bad faith or with malicious purpose.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-17. - Disqualification from position in community residence.

§ 40.1-24.5-17. Disqualification from position in community residence.
A person convicted of any crime under this chapter shall be disqualified from holding any position in any community residence licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to chapter 24 of this title.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-18. - Severability.

§ 40.1-24.5-18. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall be rendered.
History of Section.
P.L. 1982, ch. 363, § 1; P.L. 1997, ch. 326, § 141.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.5 - Community Residences › Section 40.1-24.5-19. - Funds for implementation of chapter.

§ 40.1-24.5-19. Funds for implementation of chapter.
Any sums necessary for the implementation of this chapter shall be provided from the funds appropriated to the department of behavioral healthcare, developmental disabilities and hospitals in fiscal year 1982-1983. It is expressly understood that additional funds for the implementation of this chapter are not provided.
History of Section.
P.L. 1982, ch. 363, § 1.
2023 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 40.1-24.6-1. - Definitions.

§ 40.1-24.6-1. Definitions.
As used in this chapter:
(1)
“Developmental disability agency” means any organization that has been established and licensed by the department of behavioral healthcare, developmental disabilities and hospitals for the purpose of providing either employment, vocational supports, residential and/or day-support services for adults with developmental disabilities in Rhode Island.
(2)
“Qualified third-party administrator” means an entity with at least five (5) years of experience creating and operating health-benefit plans that maintain sufficiently capitalized self-insurance funds of similar characteristics of the fund being authorized in accordance with this chapter.
History of Section.
P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
2023 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 40.1-24.6-2. - Purpose.

§ 40.1-24.6-2. Purpose.
The purpose of this chapter is to authorize operators of developmental disability agencies acting as a group, to self-insure healthcare costs for employees, retirees, and other beneficiaries and allow a qualified third-party administrator to administer the program.
History of Section.
P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
2023 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.
2023 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.