reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-6. - Departments assigned to the executive office — Powers and duties.

§ 42-7.2-6. Departments assigned to the executive office — Powers and duties.
(a)
The departments assigned to the secretary shall:
(1)
Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;
(2)
Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and
(3)
Provide such records and information as may be requested or required by the governor and/or the secretary to perform the duties set forth in § 42-7.2-5. Upon developing, acquiring or transferring such records and information, the secretary shall assume responsibility for complying with the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.
(4)
Forward to the secretary copies of all reports to the governor.
(b)
Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the department of children, youth and families, the department of health, the department of human services, and the department of behavioral healthcare, developmental disabilities and hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 73, art. 3, § 1; P.L. 2012, ch. 241, art. 18, § 1; P.L. 2015, ch. 141, art. 5, § 20; P.L. 2021, ch. 395, § 10, effective July 14, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-7. - Independent advisory council — Purposes.

§ 42-7.2-7. Independent advisory council — Purposes.
(a)
The secretary shall establish an independent advisory council, hereafter referred to as “advisory council” composed of representatives of the network of health and human services providers, the communities the departments serve, state and local policy makers and any other stakeholders or consumers interested in improving access to high quality health and human services.
(b)
The advisory council shall assist the secretary in identifying: issues of concern and priorities in the organization and/or delivery of services; areas where there is need for interdepartmental collaboration and cooperation; and opportunities for building sustainable and effective public-private partnerships that support the missions of the departments. The advisory council shall also provide guidance to the secretary in developing a plan to further the purposes of the executive office and assist the departments in meeting their unique missions and shared responsibilities.
(c)
With the assistance of the department directors, the secretary shall hold health and human services forums and open meetings that encourage community, consumer and stakeholder input on health and human services issues, proposals and activities and actions of the executive office that have been identified by the advisory council as areas of concern or important policy priorities or opportunities for the state.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-8. - Assignment and reassignment of advisory bodies.

§ 42-7.2-8. Assignment and reassignment of advisory bodies.
The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the departments to the secretary of health and human services or assign any such entities that may be created.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-9. - Appointment of employees.

§ 42-7.2-9. Appointment of employees.
The secretary, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the executive office of health and human services. The secretary may assign this function to such subordinate officers and employees of the executive office as may to him or her seem feasible or desirable. The appointing authority of the secretary provided for herein shall not affect, interfere with, limit, or otherwise restrict the appointing authority vested in the directors for the employees of the departments under applicable general and public laws.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-11. - Rules and regulations.

§ 42-7.2-11. Rules and regulations.
The executive office of health and human services shall be deemed an agency for purposes of § 42-35-1, et seq. of the Rhode Island general laws. The secretary shall make and promulgate such rules and regulations, fee schedules not inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the proper administration of this chapter and to carry out the policy and purposes thereof.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-12. - Repealed.

§ 42-7.2-12. Repealed.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 340, § 9; P.L. 2012, ch. 241, art. 18, § 1; Repealed by P.L. 2015, ch. 141, art. 5, § 20, effective June 30, 2015.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-12.1. - Repealed.

§ 42-7.2-12.1. Repealed.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19; P.L. 2007, ch. 340, § 9; P.L. 2012, ch. 241, art. 18, § 1; Repealed by P.L. 2015, ch. 141, art. 5, § 20, effective June 30, 2015.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-13. - Severability.

§ 42-7.2-13. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19; P.L. 2015, ch. 141, art. 5, § 20.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-14. - Cooperation of other state executive branch agencies.

§ 42-7.2-14. Cooperation of other state executive branch agencies.
As may be appropriate from time to time, the departments and other agencies of the state of the executive branch that have not been assigned to the executive office of health and human services under this chapter shall assist and cooperate with the executive office as may be required by the governor requested by the secretary.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-15. - Applicability.

§ 42-7.2-15. Applicability.
Nothing in this chapter shall change, transfer or interfere with, or limit or otherwise restrict the general assembly’s sole authority to appropriate and re-appropriate fiscal resources to the departments; the statutory or regulatory duties of the directors of the departments, or the appointing authority for the employees of the departments vested in the directors under applicable general and public laws.
History of Section.
P.L. 2006, ch. 246, art. 38, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-16.1. - Reinventing Medicaid Act of 2015.

§ 42-7.2-16.1. Reinventing Medicaid Act of 2015.
(a)
The Rhode Island Medicaid program is an integral component of the state’s healthcare system that provides crucial services and supports to many Rhode Islanders. As the program’s reach has expanded, the costs of the program have continued to rise and the delivery of care has become more fragmented and uncoordinated. Given the crucial role of the Medicaid program to the state, it is of compelling importance that the state conduct a fundamental restructuring of its Medicaid program that achieves measurable improvement in health outcomes for the people and transforms the healthcare system to one that pays for the outcomes and quality they deserve at a sustainable, predictable and affordable cost.
(b)
The Working Group to Reinvent Medicaid, which was established to refine the principles and goals of the Medicaid reforms begun in 2008, was directed to present to the general assembly and the governor initiatives to improve the value, quality, and outcomes of the health care funded by the Medicaid program.
History of Section.
P.L. 2015, ch. 141, art. 5, § 20.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-17. - Statutory reference to the office of health and human services.

§ 42-7.2-17. Statutory reference to the office of health and human services.
Notwithstanding other statutory references to the department of human services, wherever in the general or public laws, or any rule or regulation, any reference shall appear to the “department of human services” or to “department” as it relates to any responsibilities for and/or to Medicaid, unless the context otherwise requires, it shall be deemed to mean “the office of health and human services.”
History of Section.
P.L. 2012, ch. 241, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-18.2. - Professional responsibility — Criminal records check disqualifying information for high-risk providers.

§ 42-7.2-18.2. Professional responsibility — Criminal records check disqualifying information for high-risk providers.
(a)
Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the executive office of health and human services disqualifying the applicant from being a Medicaid provider: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elder persons, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)). An applicant against whom disqualifying information has been found, for purposes of appeal, may provide a copy of the national criminal records check to the executive office of health and human services, which shall make a judgment regarding the approval of or the continued status of that person as a provider.
(b)
For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
History of Section.
P.L. 2022, ch. 231, art. 12, § 5, effective July 1, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-18.3. - Professional responsibility — Criminal records check for personal care aides.

§ 42-7.2-18.3. Professional responsibility — Criminal records check for personal care aides.
(a)
Any person seeking employment to provide care to elderly individuals or individuals with disabilities who is, or may be required to be, licensed, registered, trained, or certified with the office of Medicaid if that employment involves routine contact with elderly individuals or individuals with disabilities without the presence of other employees, shall undergo a national criminal records check supported by fingerprints. The applicant will report to the office of attorney general bureau of criminal identification to submit their fingerprints. The fingerprints will subsequently be submitted to the federal bureau of investigation (FBI) by the bureau of criminal identification of the office of attorney general. The national criminal records check shall be initiated prior to, or within one week of, employment.
(b)
The director of the office of Medicaid may, by rule, identify those positions requiring criminal records checks. The identified employee, through the executive office of health and human services, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information, as defined in § 42-7.2-18.4 and in accordance with the rule promulgated by the secretary of the executive office of health and human services, the bureau of criminal identification of the department of the attorney general will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the executive office of health and human services, in writing, that disqualifying information has been discovered.
(c)
An applicant against whom disqualifying information has been found, for purposes of appeal, may provide a copy of the national criminal history check to the executive office of health and human services, which shall make a judgment regarding the approval of the applicant.
(d)
In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of the attorney general shall inform the applicant and the executive office of health and human services, in writing, of this fact.
(e)
The executive office of health and human services shall maintain on file evidence that criminal records checks have been initiated on all applicants subsequent to July 1, 2022.
(f)
The applicant shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of the attorney general.
History of Section.
P.L. 2022, ch. 231, art. 12, § 5, effective July 1, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-18.4. - Professional responsibility — Criminal records check disqualifying information for personal care aides.

§ 42-7.2-18.4. Professional responsibility — Criminal records check disqualifying information for personal care aides.
(a)
Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the applicant and the executive office of health and human services, disqualifying the applicant: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony larceny or felony banking law violations, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elder persons, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)).
(b)
For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
History of Section.
P.L. 2022, ch. 231, art. 12, § 5, effective July 1, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-19. - HIV Care Grant rebate account.

§ 42-7.2-19. HIV Care Grant rebate account.
(a)
There is hereby created within the executive office of health and human services a restricted receipt account to be known as the HIV Care Grant rebate account to receive and expend pharmaceutical rebates on HIV treatment and prevention services.
(b)
All amounts deposited in the HIV Care Grant rebate account on or after July 1, 2014, shall be exempt from the indirect cost recovery provisions of § 35-4-27.
History of Section.
P.L. 2014, ch. 145, art. 3, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.1. - ABLE accounts.

§ 42-7.2-20.1. ABLE accounts.
(a) Legislative findings.
The general assembly finds and declares the following:
(1)
Blind and disabled persons of this state need not only state financial assistance, but also private financial assistance in achieving a better life experience.
(2)
A federal program exists that allows disabled individuals to make contributions and receive contributions from contributors that may be deposited in an account for their care which amount can grow free of any income tax consequences so long as the contributions are used for qualifying disability expenses pursuant to 26 U.S.C. § 529A.
(3)
These accounts may be utilized by disabled individuals for disbursements relating to education, housing, transportation, employment training and support, assistive technology and personal support services, health prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses approved under regulations promulgated by the Secretary of the Treasury.
(4)
This federal program is found to be a financial option worthy of consideration by persons of this state with disabilities.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.2. - Definitions.

§ 42-7.2-20.2. Definitions.
As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
(1)
“Achieving a better life experience account” or “ABLE account” means an account established under the achieving a better life experience program pursuant to this section and any implementing regulations for the purposes of funding future, qualified disability expenses of a designated beneficiary.
(2)
“Achieving a better life experience program” or “program” means the qualified ABLE program established and administered jointly by the executive office, in conjunction with the SIC as defined herein and, to the extent so delegated or contracted, any designated administrators.
(3)
“Contracting state” means a state that has entered into a contract with the executive office to provide residents of Rhode Island or that state with access to a qualified ABLE program.
(4)
“Designated administrator” means any corporation or other entity whose powers and privileges are provided for in any general or special law, whether for profit or not, designated or retained by the executive office for the purpose of administering, subject to the executive office’s and SIC’s ongoing supervision, all or any portion of the investment, marketing, recordkeeping, administrative, or other functions of the program.
(5)
“Designated beneficiary” means the individual with a disability named as the beneficiary of an ABLE account.
(6)
“Executive office” means the executive office of health and human services (EOHHS) or an agency thereof as designated by the secretary of EOHHS.
(7)
“Individual with a disability” means an individual who is an “eligible individual” as defined under 26 U.S.C. § 529A.
(8)
“Qualified ABLE program” means a “qualified ABLE program” as defined under 26 U.S.C. § 529A.
(9)
“Qualified disability expenses” means “qualified disability expenses” as defined under 26 U.S.C. § 529A.
(10)
“Secretary of EOHHS” means the secretary of the executive office of health and human services.
(11)
“Secretary of the Treasury” means the Secretary of the Treasury of the United States.
(12)
“Section 529A” means Section 529A of the Internal Revenue Code of 1986, as amended, (26 U.S.C. § 529A) or any successor provision thereto, and any regulations promulgated thereunder or tax announcements or other binding regulatory guidance provided with respect thereto.
(13)
“State” means the state of Rhode Island.
(14)
“State investment commission” or “SIC” means the state investment commission as established by § 35-10-1.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.3. - Creation of program.

§ 42-7.2-20.3. Creation of program.
(a)
There shall be established within the executive office and administered, in conjunction with, the SIC, the achieving a better life experience program for the purposes of administering ABLE accounts established to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities. Under the program, one or more persons may make contributions to an ABLE account to meet the qualified disability expenses of the designated beneficiary of the account.
(b)
Unless otherwise permitted under 26 U.S.C. § 529A, the owner of an ABLE account shall be the designated beneficiary of the account.
(c)
A designated beneficiary may have only one account.
(d)
Unless otherwise permitted under 26 U.S.C. § 529A, the designated beneficiary of an ABLE account shall be a resident of this state or of a contracting state. The executive office shall determine residency for such purpose in such manner as may be required or permissible under 26 U.S.C. § 529A or, in the absence of any guidance under 26 U.S.C. § 529A, by such other means as the executive office shall consider advisable for purposes of satisfying the requirements of 26 U.S.C. § 529A.
(e)
Any person may make contributions to an ABLE account to meet the qualified disability expenses of the designated beneficiary of the account; provided that the account and contributions meet the other requirements of this section and regulations promulgated by the executive office.
(f)
The executive office, in conjunction with the SIC, and, to the extent required by the terms of such designation, any designated administrator shall operate the program so that it shall constitute a qualified ABLE program in compliance with the requirements of 26 U.S.C. § 529A.
(g)
The SIC and any designated administrator shall provide investment options for the investment of amounts contributed to an ABLE account.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.4. - Contributions to be held in trust.

§ 42-7.2-20.4. Contributions to be held in trust.
(a)
Funds contributed to the program shall be held in trust in a special account or accounts and shall not be co-mingled with any state funds appropriated by the general assembly for the support of or the programs administered by the executive office.
(b)
There shall be separate accounting for each designated beneficiary.
(c)
Any designated beneficiary under such program may, directly or indirectly, direct the investment of any contributions to the program (or earnings thereon) no more than the allowable limit of 26 U.S.C. § 529A.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.5. - Rules and regulations.

§ 42-7.2-20.5. Rules and regulations.
The executive office shall, in conjunction with the SIC, have the power and authority to promulgate rules and regulations; enter into contracts and agreements; charge fees and expenses to the funds held under the program or to persons establishing or owning ABLE accounts; make reports; retain designated administrators, employees, experts and consultants; and do all other things necessary or convenient to implement this section in accordance with § 529A of the Internal Revenue Code of 1986, as amended (26 U.S.C. § 529A).
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.6. - Tax-exempt earnings.

§ 42-7.2-20.6. Tax-exempt earnings.
(a)
For state income tax purposes, annual earnings of the ABLE program shall be exempt from tax, and shall not be included in the Rhode Island income of the designated beneficiary until withdrawn or distributed from it, and then in accordance with chapter 30 of title 44.
(b)
The tax administrator may adopt rules and regulations necessary to monitor, implement, and administer the Rhode Island personal income tax provisions referred to in subsection (a) of this section.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.7. - State and local means-tested programs.

§ 42-7.2-20.7. State and local means-tested programs.
Accounts established pursuant to this section shall not be included in determining income eligibility of the designated beneficiary for state or local assistance programs.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.2 - Office of Health and Human Services › Section 42-7.2-20.8. - Creditors.

§ 42-7.2-20.8. Creditors.
Notwithstanding any provision of the general or public laws to the contrary, money in the ABLE program shall be exempt from creditor process and shall not be liable to attachment, garnishment, or other process, nor shall it be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability or any contributor or beneficiary; provided, however, that the state of residency of the designated beneficiary of an ABLE account shall be a creditor of such account in the event of the death of the designated beneficiary.
History of Section.
P.L. 2015, ch. 158, § 1; P.L. 2015, ch. 187, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-1. - Declaration of purpose.

§ 42-7.3-1. Declaration of purpose.
The purpose of this chapter is to establish a public safety department. This department is responsible to consolidate the law enforcement services presently provided by six divisions and agencies within the executive branch of state government. The consolidation of these divisions and agencies into a department of public safety will assure the provision of professional services; will enable the most efficient and effective use of the state’s public safety resources; will allow for the consolidation of such functions as communications, training, and operating procedures; and will protect the lives and promote the safety of the citizens of this state.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-2. - Department of public safety.

§ 42-7.3-2. Department of public safety.
There is hereby established within the executive branch of state government a department of public safety.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-3. - Powers and duties of the department.

§ 42-7.3-3. Powers and duties of the department.
The department of public safety shall be responsible for the management and administration of the following divisions and agencies:
(a)
Office of the capitol police (chapter 2.2 of title 12).
(b)
[Deleted by P.L. 2018, ch. 47, art. 3, § 6].
(c)
E-911 emergency telephone system division (chapter 21 of title 39).
(d)
Rhode Island state police (chapter 28 of title 42).
(e)
Municipal police training academy (chapter 28.2 of title 42).
(f)
Division of sheriffs (chapter 7.3 of title 42).
History of Section.
P.L. 2008, ch. 100, art. 9, § 11; P.L. 2011, ch. 151, art. 9, § 18; P.L. 2018, ch. 47, art. 3, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-3.1. - Repealed.

§ 42-7.3-3.1. Repealed.
History of Section.
P.L. 2010, ch. 23, art. 7, § 7; Repealed by P.L. 2013, ch. 164, § 1, effective July 11, 2013; P.L. 2013, ch. 234, § 1, effective July 11, 2013.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-4. - Responsibilities of the department.

§ 42-7.3-4. Responsibilities of the department.
The department of public safety is responsible to:
(a)
Improve the economy, efficiency, coordination, and quality of public safety services policy and planning, budgeting and financing, communications and training.
(b)
Increase public confidence by conducting independent reviews of public safety issues in order to promote accountability and coordination across divisions and agencies.
(c)
Ensure that state public safety policies and programs are responsive to changing needs to the network of public safety organizations that deliver similar services and efforts.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-5. - Director of public safety — Appointment.

§ 42-7.3-5. Director of public safety — Appointment.
The department of public safety shall be administered by a director, who shall also serve as superintendent of the Rhode Island state police. The director shall be appointed by the governor and shall hold office at the pleasure of the governor and until a successor is appointed and qualified.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-6. - Duties and responsibilities of the director.

§ 42-7.3-6. Duties and responsibilities of the director.
(a)
The director shall be responsible to the governor for managing the department of public safety and for providing strategic leadership and direction to the divisions and agencies within the department. The director of public safety is authorized to:
(b)
Coordinate the administration and financing of public safety services and programs.
(c)
Serve as the governor’s chief advisor and liaison to federal policymakers on public safety issues as well as the principal point of contact in the state on any such related matters.
(d)
Resolve administrative, jurisdictional, operational, program, or policy conflicts among divisions and agencies and to take necessary action;
(e)
Assure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered public safety services;
(f)
Prepare and integrate comprehensive budgets for the divisions and agencies within the department.
(g)
Utilize objective data to evaluate public safety goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.
(h)
Conduct independent reviews of state public safety programs.
(i)
Provide regular and timely reports to the governor and make recommendations with respect to the state’s public safety needs.
(j)
Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the director.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-7. - Assignment and reassignment of advisory bodies.

§ 42-7.3-7. Assignment and reassignment of advisory bodies.
The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the divisions or agencies of the department of public safety.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-8. - Appointment of employees.

§ 42-7.3-8. Appointment of employees.
The director, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the department of public safety.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-9. - Rules and regulations.

§ 42-7.3-9. Rules and regulations.
The department of public safety is authorized to make and promulgate such rules and regulations as he or she deems necessary for the proper administration of this chapter and to carry out the purposes thereof.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.3 - Department of Public Safety › Section 42-7.3-10. - Severability.

§ 42-7.3-10. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2008, ch. 100, art. 9, § 11.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-1. - Short title.

§ 42-7.4-1. Short title.
This chapter shall be known and may be cited as “The Healthcare Services Funding Plan Act.”
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-3. - Imposition of healthcare services funding contribution.

§ 42-7.4-3. Imposition of healthcare services funding contribution.
(a)
Each insurer is required to pay the healthcare services funding contribution for each contribution enrollee of the insurer at the time the contribution is calculated and paid, at the rate set forth in this section.
(1)
Beginning January 1, 2016, the secretary shall set the healthcare services funding contribution each fiscal year in an amount equal to: (i) The child immunization funding requirement described in § 23-1-46; plus (ii) The adult immunization funding requirement described in § 23-1-46; plus (iii) The children’s health services funding requirement described in § 42-12-29; and all as divided by (iv) The number of contribution enrollees of all insurers.
(2)
The contribution set forth herein shall be in addition to any other fees or assessments upon the insurer allowable by law.
(b)
The contribution shall be paid by the insurer; provided, however, a person providing health benefits coverage on a self-insurance basis that uses the services of a third-party administrator shall not be required to make a contribution for a contribution enrollee where the contribution on that enrollee has been or will be made by the third-party administrator.
(c)
The secretary shall create a process to facilitate the transition to the healthcare services funding contribution method that: (i) assures adequate funding beginning July 1, 2016, (ii) reflects that funding via the healthcare services funding contribution method initially will be for only a portion of the state’s fiscal year, and (iii) avoids duplicate liability for any insurer that made a payment under the premium assessment method in effect prior to January 1, 2016, for a period for which it would also be liable for a contribution under the healthcare services funding contribution method as described in this chapter.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-4. - Returns and payment.

§ 42-7.4-4. Returns and payment.
(a)
Subject to subsection (b), every insurer required to make a contribution shall, on or before the last day of July, October, January and April of each year, make a return to the secretary together with payment of the quarterly healthcare services funding contribution for the preceding three (3) month period.
(b)(1)
Upon request of the director of the department of health, the secretary shall develop a process whereby an insurer required to make the contribution may be directed to make estimated payments for the portion of the liability arising under § 42-7.4-3 and the secretary shall make that pre-paid amount available to the department of health, as requested.
(2)
Unless requested to make an estimated payment as described in subsection (b)(1) above, any insurer required to make the contribution that can substantiate that the insurer’s contribution liability would average less than twenty-five thousand dollars ($25,000) per month may file returns and remit payment annually on or before the last day of June each year; provided, however, that the insurer shall be required to make quarterly payments if the secretary determines that:
(i)
The insurer has become delinquent in either the filing of the return or the payment of the healthcare services funding contribution due thereon; or
(ii)
The liability of the insurer exceeds seventy-five thousand dollars ($75,000) in healthcare services funding contribution per quarter for any two (2) subsequent quarters.
(c)
All returns shall be signed by the insurer required to make the contribution, or by its authorized representative, subject to the pains and penalties of perjury.
(d)
If a return shows an overpayment of the contribution due, the secretary shall refund or credit the overpayment to the insurer required to make the contribution, or the insurer may deduct the overpayment from the next quarterly or annual return.
(e)
The secretary, for good cause shown, may extend the time within which an insurer is required to file a return, and if the return is filed during the period of extension no penalty or late filing charge may be imposed for failure to file the return at the time required by this section, but the insurer shall be liable for interest as prescribed in this section. Failure to file the return during the period for the extension shall void the extension.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-5. - Set-off for delinquent payment.

§ 42-7.4-5. Set-off for delinquent payment.
If an insurer required to make the contribution pursuant to this chapter shall fail to pay a contribution within thirty (30) days of its due date, the secretary may request any agency of state government making payments to the insurer to set-off the amount of the delinquency against any payment or amount due the insurer from the agency of state government and remit the sum to the secretary. Upon receipt of the setoff request from the secretary, any agency of state government is authorized and empowered to set-off the amount of the delinquency against any payment or amounts due the insurer. The amount of set-off shall be credited against the contribution due from the insurer.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-6. - Assessment on available information — Interest on delinquencies — Penalties — Collection powers.

§ 42-7.4-6. Assessment on available information — Interest on delinquencies — Penalties — Collection powers.
If any insurer shall fail to file a return within the time required by this chapter, or shall file an insufficient or incorrect return, or shall not pay the contribution imposed by this section when it is due, the secretary shall assess the contribution upon the information as may be available, which shall be payable upon demand and shall bear interest at the annual rate provided by § 44-1-7, from the date when the contribution should have been paid. If the failure is due, in whole or part, to negligence or intentional disregard of the provisions of this section, a penalty of ten percent (10%) of the amount of the determination shall be added to the contribution. The secretary shall collect the contribution with interest. The secretary may request any agency to assist in collection, including the tax administrator, who may collect the contribution with interest in the same manner and with the same powers as are prescribed for collection of taxes in title 44.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-7. - Claims for refund — Hearing upon denial.

§ 42-7.4-7. Claims for refund — Hearing upon denial.
(a)
Any insurer required to pay the contribution may file a claim for refund with the secretary at any time within two (2) years after the contribution has been paid. If the secretary shall determine that the contribution has been overpaid, he or she shall make a refund with ten percent (10%) interest from the date of overpayment.
(b)
Any insurer whose claim for refund has been denied may, within thirty (30) days from the date of the mailing by the secretary of the notice of the decision, request a hearing and the secretary shall, as soon as practicable, set a time and place for the hearing and shall notify the person.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-8. - Hearing by secretary on application.

§ 42-7.4-8. Hearing by secretary on application.
Any insurer aggrieved by the action of the secretary in determining the amount of any contribution or penalty imposed under the provisions of this chapter may apply to the secretary, within thirty (30) days after the notice of the action is mailed to it, for a hearing relative to the contribution or penalty. The secretary shall fix a time and place for the hearing and shall so notify the person. Upon the hearing the secretary shall correct manifest errors, if any, disclosed at the hearing and thereupon assess and collect the amount lawfully due together with any penalty or interest thereon.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-9. - Appeals.

§ 42-7.4-9. Appeals.
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be pursued pursuant to chapter 35 of title 42. The right to appeal under this section shall be expressly made conditional upon prepayment of all contribution, interest, and penalties unless the insurer demonstrates to the satisfaction of the court that the insurer has a reasonable probability of success on the merits and is unable to prepay all contribution, interest, and penalties, considering not only the insurer’s own financial resources but also the ability of the insurer to borrow the required funds. If the court, after appeal, holds that the insurer is entitled to a refund, the insurer shall also be paid interest on the amount at the rate provided in § 44-1-7.1 of the Rhode Island general laws, as amended.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-10. - Records.

§ 42-7.4-10. Records.
Every insurer required to make the contribution shall:
(1)
Keep records as may be necessary to determine the amount of its liability under this section;
(2)
Preserve those records for a period of three (3) years following the date of filing of any return required by this section, or until any litigation or prosecution under this section is finally determined; and
(3)
Make those records available for inspection by the secretary or his/her authorized agents, upon demand, at reasonable times during regular business hours.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-7.4 - The Healthcare Services Funding Plan Act › Section 42-7.4-11. - Method of payment and deposit of contribution.

§ 42-7.4-11. Method of payment and deposit of contribution.
(a)
The payments required by this chapter may be made by electronic transfer of monies to the general treasurer.
(b)
The general treasurer shall take all steps necessary to facilitate the transfer of monies to:
(1)
The “childhood immunization account” described in § 23-1-45(a) in the amount described in § 23-1-46(a);
(2)
To the “adult immunization account” described in § 23-1-45(c) in the amount described in § 23-1-46(a);
(3)
To the “children’s health account” described in § 42-12-29(a) in the amount described in § 42-12-29(b); and
(4)
Any remainder of the payments shall be proportionally distributed to those accounts and credited against the next year’s healthcare services funding contribution.
(c)
The general treasurer shall provide the secretary with a record of any monies transferred and deposited.
History of Section.
P.L. 2014, ch. 145, art. 16, § 4.