reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-2. - Purposes.

§ 42-12.3-2. Purposes.
(a)
It is the intent of the general assembly to assure access to the comprehensive health care by providing health insurance to all Rhode Islanders who are uninsured;
Universal comprehensive coverage for all Rhode Islanders is a goal to be achieved over the course of several years;
The first step in providing comprehensive health coverage is to assure coverage for the most vulnerable residents of the state;
Uninsured pregnant women and children under age eight (8) are among the most vulnerable residents of the state; and
The governor’s health care advisory committee has provided advice and recommendations in its report of January, 1993 to improve access to health care for pregnant women and children up to age six (6);
The objectives to meet the goal of comprehensive health coverage are:
(1)
Every child under age eight (8) in Rhode Island will have a reliable source of health coverage and health care;
(2)
Every pregnant woman in Rhode Island will have early and comprehensive prenatal and maternity care services;
(3)
All low income families will have improved access to family planning and reproductive services; and
(4)
Every pregnant woman and child in Rhode Island will receive effective, preventive primary care.
(b)
To assure access to care and availability of services, the following principles will guide the design of the health care act:
(1)
There will be equal access to health care for children and pregnant women, regardless of the type of coverage;
(2)
There shall be an emphasis on primary and preventive care which will include a “medical home” for every child;
(3)
Current deficiencies in the fee for service delivery system will be addressed;
(4)
In addition to accessibility of health care, provisions must be made to address language, cultural and transportation barriers;
(5)
Enrollment must be both timely and accomplished in a user friendly fashion;
(6)
An adequate source of primary care providers should be developed;
(7)
An enhanced set of services should be developed to support and address the needs of families at risk.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 2007, ch. 340, § 14.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-4. - “RIte track” program.

§ 42-12.3-4. “RIte track” program.
(a)
There is hereby established a payor of last resort program for comprehensive health care for children until they reach nineteen (19) years of age, to be known as “RIte track.” The executive office of health and human services is hereby authorized to amend its Title XIX state plan pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary to provide for expanded Medicaid coverage through expanded family income disregards for children, until they reach nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Provided, however, that healthcare coverage provided under this section shall also be provided without regard to the availability of federal financial participation to a noncitizen child who is a resident of Rhode Island, and who is otherwise eligible for such assistance. The department is further authorized to promulgate any regulations necessary, and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary in order to implement the state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] state plan amendment.
(b)
The executive office of health and human services is directed to ensure that federal financial participation is used to the maximum extent allowable to provide coverage pursuant to this section, and that state-only funds will be used only if federal financial participation is not available.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 1997, ch. 30, art. 34, § 6; P.L. 1999, ch. 31, art. 17, § 1; P.L. 1999, ch. 184, § 1; P.L. 1999, ch. 228, § 1; P.L. 1999, ch. 244, § 1; P.L. 2006, ch. 246, art. 25, § 2; P.L. 2006, ch. 246, art. 40, § 2; P.L. 2007, ch. 340, § 15; P.L. 2008, ch. 9, art. 10, § 2; P.L. 2009, ch. 68, art. 23, § 5; P.L. 2021, ch. 395, § 11, effective July 14, 2021; P.L. 2022, ch. 231, art. 12, § 6, effective July 1, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-5. - Managed care.

§ 42-12.3-5. Managed care.
The delivery and financing of the health care services provided pursuant to §§ 42-12.3-3 and 42-12.3-4 shall be provided through a system of managed care.
A managed care system integrates an efficient financing mechanism with quality service delivery, provides a “medical home” to assure appropriate care and deter unnecessary and inappropriate care, and places emphasis on preventive and primary health care. In developing a managed care system the department of human services shall consider managed care models recognized by the health care financing administration. The department of human services is hereby authorized and directed to seek any necessary approvals or waivers from the U.S. Department of Health and Human Services, Health Care Financing Administration, needed to assure that services are provided through a mandatory managed care system. Certain health services may be provided on an interim basis through a fee for service arrangement upon a finding that there are temporary barriers to implementation of mandatory managed care for a particular population or particular geographic area. Nothing in this section shall prohibit the department of human services from providing enhanced services to medical assistance recipients within existing appropriations.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-5.1. - Emergency Care.

§ 42-12.3-5.1. Emergency Care.
The department of human services shall ensure that managed care organizations providing services under this chapter comply with the “prudent lay person” emergency care coverage standard as required by § 1931 (b) of Title XIX of the Social Security Act.
History of Section.
P.L. 1999, ch. 189, § 1; P.L. 1999, ch. 306, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-6. - Eligibility and services.

§ 42-12.3-6. Eligibility and services.
The department of human services may enter into any necessary cooperative agreements with the department of health and/or other state agencies required to assure that for both the RIte Start and the RIte Track Programs enrollment, eligibility and service delivery can be determined and provided in a timely, efficient and user friendly manner. The cooperative agreements shall permit eligible persons to be enrolled at community health centers and other community-based organization(s). The department of human services is hereby directed to assign enrollment workers to such centers and organizations as may be necessary to achieve the purposes of this section. The benefit package for the RIte Track program shall include multi-disciplinary evaluation and treatment for children with significant developmental disabilities and developmentally delayed children enrolled in RIte Track.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1994, ch. 400, § 1; P.L. 1995, ch. 370, art. 22, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-7. - Financial contributions.

§ 42-12.3-7. Financial contributions.
The department of human services may require the payment of enrollment fees, sliding fees, deductibles, co-payments, and/or other contributions based on ability to pay. These fees shall be established by rules and regulations to be promulgated by the department of human services or the department of health, as appropriate.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-8. - Enhanced services for children.

§ 42-12.3-8. Enhanced services for children.
(a)
The department of human services shall develop a panel of enhanced services to be available as appropriate to RIte Track and medical assistance recipients under the age of eighteen (18), who are considered at risk, as defined by department of human services regulations. These services shall include, but not be limited to: care coordination, home visitation, nutrition counseling, parenting skills education. These services may be performed through a fee for service, contractual arrangement, or capitated rate as determined by the department of human services. The provision of enhanced services is subject to available appropriations; in the event that appropriations are not adequate for the provision of these services, the department has the authority to limit the amount, scope, and duration of these enhanced services, and to limit eligibility for enhanced services to children under the age of eight (8). Nothing in this section shall prohibit the department of human services from providing enhanced services to a medical assistance recipient, within existing appropriations.
(b)
Except as provided in subsection (c) below, the department of human services shall also provide pediatric palliative care services to eligible children under the age of nineteen (19) years who have a terminal illness, provided that such services qualify for federal financial participation. These services shall be designed to achieve an improved quality of life and to meet the physical and emotional needs experienced by the patient during the course of the terminal illness and death. The services offered shall be determined by the department and may include, but are not limited to, consultations for pain and symptom management, case management and assessment, social services, counseling, volunteer support services, and respite services. The services shall be provided by licensed health care facilities that meet the criteria established by regulations promulgated by the department. The department is further authorized to establish limits on the services provided under this section.
(c)
The department shall be the payor of last resort with respect to services provided under subsection (b) above. With respect to children under the age of nineteen (19) years who are covered by an individual or family health insurance plan or program that provides payment in whole or in part for the type of pediatric palliative health care services listed in subsection (b) above, the department shall coordinate benefits with these primary payors, and provided further that payments by the department shall be in accordance with the department’s fee schedules.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 2003, ch. 182, § 1; P.L. 2003, ch. 192, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-9. - Insurance coverage — Third party insurance.

§ 42-12.3-9. Insurance coverage — Third party insurance.
(a)
No payment will be made nor service provided in the RIte Start or RIte Track program with respect to any health care that is covered or would be covered, by any employee welfare benefit plan under which a woman or child is either covered or eligible to be covered either as an employee or dependent, whether or not coverage under such plan is elected.
(b)
A premium may be charged for participation in the RIte Track or RIte Start programs for eligible individuals whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level and who have voluntarily terminated health care insurance within one year of the date of application for benefits under this chapter.
(c)
Every family who is eligible to participate in the RIte Track program, who has an additional child who because of age is not eligible for RIte Track, or whose child becomes ineligible for RIte Track because of his or her age, may be offered by the managed care provider with whom the family is enrolled, the opportunity to enroll such ineligible child or children in the same managed care program on a self-pay basis at the same cost, charge or premium as is being charged to the state under the provisions of this chapter for other covered children within the managed care program. The family may also purchase a package of enhanced services at the same cost or charge to the department.
History of Section.
P.L. 1993, ch. 398, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-10. - Administration.

§ 42-12.3-10. Administration.
The department of human services may cooperate through interagency cooperative agreements, with the department of health and/or other state agencies, and any other agreements they deem necessary, to assure that health care services for eligible pregnant women and children under the age of eighteen (18) are provided in an efficient and timely basis. The department of human services shall monitor and evaluate the medical services and health outcomes of clients served by the RIte Track and RIte Start programs. The department of human services shall be responsible for assuring marketing, enrollee relations, quality assurance, provider recruitment, and network development. The department is hereby authorized to promulgate any and all necessary rules and regulations to carry out the intent of this chapter.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-11. - Appropriations — Authorization to pay for health care.

§ 42-12.3-11. Appropriations — Authorization to pay for health care.
The general assembly shall annually appropriate to the department of human services such sums as it may deem necessary to carry out the purposes of this chapter. Authorization to pay for health care services specified in this chapter shall be made by representatives of the department of human services, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums or so much thereof as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers, provided, however, that the department of human services may enter into cooperative agreements for the transfer of funds to effectuate the purposes set forth in this chapter.
History of Section.
P.L. 1993, ch. 398, § 1; P.L. 1995, ch. 370, art. 22, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-12. - Assignment of medical support rights.

§ 42-12.3-12. Assignment of medical support rights.
Any person who is determined eligible for RIte Start, or RIte Track, or the title XIX state plan is hereby deemed to have made an assignment of rights to medical support in accordance with § 40-6-9(b), and the provisions of § 40-6-9(b) and (d) are incorporated herein by reference and shall apply to such person.
History of Section.
P.L. 1993, ch. 398, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-13. - Severability.

§ 42-12.3-13. Severability.
If any provision in any section of this chapter or the application thereof to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 1993, ch. 398, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-14. - Benefits and coverage — Exclusion.

§ 42-12.3-14. Benefits and coverage — Exclusion.
For as long as the United States Department of Health and Human Services, Health Care Financing Administration Project No. 11-W-0004/1-01 entitled “RIte Care” remains in effect, any health care services provided pursuant to this chapter shall be exempt from all mandatory benefits and coverage as may otherwise be provided for in the general laws.
History of Section.
P.L. 1994, ch. 70, art. 36, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.3 - Health Care for Children and Pregnant Women › Section 42-12.3-15. - Expansion of RIte track program.

§ 42-12.3-15. Expansion of RIte track program.
(a)
The executive office of health and human services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the “RIte Care” waiver project number 11-W-0004/1-01 to provide for expanded Medicaid coverage for children until they reach eight (8) years of age, whose family income levels are to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eighteen (18) years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services. Healthcare coverage under this section shall also be provided to a noncitizen child who is a resident of Rhode Island, and who is otherwise eligible for such assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.]
(b)
The executive office of health and human services is directed to ensure that federal financial participation is used to the maximum extent allowable to provide coverage pursuant to this section, and that state-only funds will be used only if federal financial participation is not available.
History of Section.
P.L. 1995, ch. 370, art. 22, § 2; P.L. 1996, ch. 129, § 15; P.L. 1996, ch. 131, § 15; P.L. 1996, ch. 132, § 15; P.L. 1996, ch. 133, § 15; P.L. 1997, ch. 30, art. 34, § 6; P.L. 2006, ch. 246, art. 40, § 2; P.L. 2007, ch. 340, § 15; P.L. 2008, ch. 9, art. 10, § 2; P.L. 2009, ch. 68, art. 23, § 5; P.L. 2021, ch. 395, § 11, effective July 14, 2021; P.L. 2022, ch. 231, art. 12, § 6, effective July 1, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-1. - Short title.

§ 42-12.4-1. Short title.
This chapter shall be known and may be cited as “The Rhode Island Medicaid Reform Act of 2008.”
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-2. - Legislative intent.

§ 42-12.4-2. Legislative intent.
(a)
It is the intent of the general assembly that Medicaid shall be a sustainable, cost-effective, person-centered and opportunity-driven program utilizing competitive and value-based purchasing to maximize available service options; and
(b)
It is the intent of the general assembly to fundamentally redesign the Medicaid Program in order to achieve a person-centered and opportunity-driven program; and
(c)
It is the intent of the general assembly that the Medical Assistance Program be a results oriented system of coordinated care that focuses on independence and choice that maximizes the available service options, promotes accountability and transparency; encourages and rewards healthy outcomes and responsible choices; and promotes efficiencies through interdepartmental cooperation.
(d)
The executive office of health and human services and the department of human services are authorized and shall apply for and obtain a global waiver and/or any necessary waivers and/or state plan amendments from the secretary of the United States Department of Health and Human Services, including, but not limited to, a waiver of the appropriate sections of Title XIX, 42 U.S.C. § 1396 et seq. The application for and the provisions of such waiver(s) and/or state plan amendments shall be implemented as follows:
(1)
The federal waiver application process shall be overseen by the respective finance committees of both chambers of the general assembly. Ten (10) days prior to submission to the federal government, the executive office of health and human services and the department of human services will provide the general assembly with the proposed submission data related to the federal global waiver application required by the federal Centers for Medicare and Medicaid Services;
(2)
Prior to the final acceptance of the federal global waiver by the state, the executive office of health and human services and the department of human services shall allow the respective finance committees of both chambers of the general assembly to review all materials related to the federal global waiver, including the materials submitted by the state and the tentative approval letter; moreover, the executive office of health and human services and the department of human services may accept the federal global waiver if the general assembly does not repeal the authority to pursue the global waiver within thirty (30) days of the receipt of the proposed federal waiver;
(3)
Upon the enactment of legislation related to the federal waiver(s), the executive office of health and human services and the health and human services agencies, as defined in § 42-7.2-2, are authorized and directed to adopt rules and regulations in order to implement the provisions of the federal waiver(s) and/or state plan amendments.
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-3. - Legislative enactments.

§ 42-12.4-3. Legislative enactments.
Until statutory changes are enacted through the legislative process, all applicable laws remain in effect. It may be necessary to propose legislative changes in order to comply with the federal waiver(s). In order to effectuate additional programmatic changes to the Medicaid program beyond those authorized in the 2008 legislative session, and as authorized by the federal waiver, the executive office of health and human services and the department of human services shall propose the additional appropriate legislative amendments. Such additional legislative changes cannot be effectuated until the necessary statutory enactments have been passed.
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-4. - Public hearings and recommendations.

§ 42-12.4-4. Public hearings and recommendations.
The chairpersons of the house finance committee and senate finance committee shall hold public hearings on such additional proposed legislation, if proposed, to determine whether or not such legislation satisfies the goals enumerated herein and would result in substantial new opportunities for the medical assistance program on a cost neutral basis over a period not to exceed five (5) years.
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-5. - Permanent joint committee of the Global Waiver Compact — Composition.

§ 42-12.4-5. Permanent joint committee of the Global Waiver Compact — Composition.
After the approval of the global waiver by the federal Centers for Medicare and Medicaid Services, there shall be created a permanent joint committee on the global waiver compact to consist of the following twelve (12) members: the chair of the house finance committee; the chair of the senate finance committee; the chair of the house health, education and welfare committee; the chair of the senate health and human services committee; two (2) members of the house finance committee appointed by the speaker of the house; two (2) members of the senate finance committee appointed by the senate president; two (2) members of the house of representatives appointed by the speaker of the house, one of whom shall be from the minority party; and two (2) members of the senate appointed by the senate president, one of whom shall be a member of the minority party.
The speaker of the house and the senate president shall consult with the house and senate minority leaders on the appointments of the minority members.
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-6. - Powers and duties of the permanent joint committee on the Global Waiver Compact.

§ 42-12.4-6. Powers and duties of the permanent joint committee on the Global Waiver Compact.
The permanent joint committee on the state Global Waiver Compact shall have the authority to:
(a)
Provide oversight on the Global Waiver Compact;
(b)
Confer as the committee deems desirable with the directors of all departments within the executive office of health and human services;
(c)
Recommend the type of services for the Medicaid program to be offered by the state;
(d)
Issue subpoenas, subpoenas duces tecum and orders for the production of books, accounts, papers, records and documents; and
(e)
Make recommendations to the general assembly and propose legislation regarding the state Medicaid Program.
History of Section.
P.L. 2008, ch. 100, art. 17, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-7. - Demonstration implementation — Restrictions.

§ 42-12.4-7. Demonstration implementation — Restrictions.
The executive office of health and human services and the department of human services may implement the global consumer choice section 1115 demonstration (“the demonstration”), project number 11W-00242/1, subject to the following restrictions:
(1)
Notwithstanding the provisions of the demonstration, any change that requires the implementation of a rule or regulation or modification of a rule or regulation in existence prior to the demonstration shall require prior approval of the general assembly;
(2)
Notwithstanding the provisions of the demonstration, any formal waiver amendments, as defined in the demonstration, or state plan amendments shall require the prior approval of the general assembly.
History of Section.
P.L. 2009, ch. 68, art. 22, § 1; P.L. 2009, ch. 69, § 1; P.L. 2019, ch. 88, art. 13, § 13.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.4 - The Rhode Island Medicaid Reform Act of 2008 › Section 42-12.4-8. - Demonstration expiration or termination.

§ 42-12.4-8. Demonstration expiration or termination.
In the event the demonstration is suspended or terminated for any reason, or in the event that the demonstration expires, the executive office of health and human services, is directed and authorized to apply for an extension or renewal of the section 1115 research and demonstration waiver or any new waiver(s) that, at a minimum, ensure continuation of the waiver authorities in existence prior to the acceptance of the demonstration. The office shall ensure that any such actions are conducted in accordance with applicable federal guidelines pertaining to section 1115 demonstration waiver renewals, extensions, suspensions or terminations. The executive office of health and human services to the extent possible shall ensure that said waiver authorities are reinstated prior to any suspension, termination, or expiration of the demonstration.
History of Section.
P.L. 2009, ch. 68, art. 22, § 1; P.L. 2009, ch. 69, § 1; P.L. 2013, ch. 144, art. 19, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-1. - Statement of purpose.

§ 42-12.5-1. Statement of purpose.
(a)
The director of the department of human services shall establish within the department a unit to license and monitor child daycare service providers to protect the health, safety, and well-being of children while being cared for as a commercial service and are away from their homes.
(b)
Services for children requiring licensure under this chapter shall include all child daycare providers that offer services within the state, except as defined in § 42-12.5-5.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-2. - Definitions.

§ 42-12.5-2. Definitions.
As used in this chapter:
(1)
“Administrator of licensing” means the director of the licensing unit (or his/her designee) that carries out the provisions of this chapter, hereafter referred to as the “administrator.”
(2)
“Applicant” means a child daycare provider that applies for a license to operate.
(3)
“Child” means any person less than eighteen (18) years of age.
(4)
“Child day care” means daily care and/or supervision offered commercially to the public for any part of a twenty-four-hour (24) day to children away from their homes.
(5)
“Child daycare center” means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from the child’s parent or guardian for any part of a twenty-four-hour (24) day irrespective of compensation. It shall include child daycare programs that are offered to employees at the worksite. It does not include preschool programs operating in schools approved by the commissioner of elementary and secondary education.
(6)
“Child daycare provider” means a person or agency that offers daily care and/or supervision offered commercially to the public for any part of a twenty-four-hour (24) day to children away from their homes.
(7)
“Department” means the department of human services (DHS).
(8)
“Director” means the director of the department of human services, or the director’s designee.
(9)
“Family daycare home” means any home, other than the child’s home, in which child day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more children who are not relatives of the caregiver.
(10)
“Group family daycare home” means a residence occupied by an individual of at least twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve (12) children, with the assistance of one or more approved adults, for any part of a twenty-four-hour (24) day. These programs shall be subject to yearly licensing as addressed in this chapter and shall comply with all applicable state and local fire, health, and zoning regulations.
(11)
“Licensee” means any person, firm, corporation, association, or agency that holds a valid license under this chapter.
(12)
“Regulation” means any requirement for licensure, promulgated pursuant to this chapter, having the force of law.
(13)
“Related” means any of the following relationships, by marriage, blood or adoption, even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a defendant who relies for a defense upon the relationship of any child to him or herself, the defendant shall have the burden of proof as to the relationship.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-4. - License required.

§ 42-12.5-4. License required.
(a)
No person shall receive or place children in child daycare services, including daycare arrangements, without a license issued pursuant to this chapter. This requirement does not apply to a person related by blood, marriage, guardianship, or adoption to the child, unless that arrangement is for the purposes of day care.
(b)
The licensing requirement does not apply to shelter operations for parents with children, boarding schools, recreation camps, nursing homes, hospitals, maternity residences, and centers for developmentally disabled children.
(c)
No person, firm, corporation, association, or agency shall operate a family daycare home without a registration certificate issued by the department, unless they hold an unexpired registration certificate issued by the department of children, youth and families prior to January 1, 2020.
(d)
No state, county, city, or political subdivision shall operate a child daycare agency or center, program, or facility without a license issued pursuant to this chapter.
(e)
No person shall be exempt from a required license by reason of public or private, sectarian, non-sectarian, child daycare program, for profit or nonprofit status, or by any other reason of funding, sponsorship, or affiliation.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-6. - Violations, suspensions and revocations of license.

§ 42-12.5-6. Violations, suspensions and revocations of license.
(a)
When a licensee violates the terms of the license, the provisions of this chapter, or any regulation thereunder, the department may pursue the administrative remedies herein provided, in addition to other civil or criminal remedies according to the general laws.
(b)
After notice and hearing, as provided by the Administrative Procedures Act, chapter 35 of title 42, the administrator may revoke the license, or suspend the license for a period not exceeding six (6) months.
(c)
During a suspension, the facility or program shall cease operation.
(d)
To end a suspension, the licensee shall, within thirty (30) days of the notice of suspension, submit an acceptable plan of corrective action to the administrator. The plan shall outline the steps and timetables for immediate correction of the areas of noncompliance and is subject to the approval of the administrator.
(e)
At the end of the suspension, the administrator may reinstate the license for the term of the original license, revoke the license, issue a new license, or deny a reapplication.
(f)
Upon revocation, the licensed program or facility shall cease operation. The licensee whose license has been revoked may not apply for a similar license within a three-year (3) period from the date of revocation.
(g)
Except in those instances wherein there is a determination that there exists a danger to the public health, safety, or welfare or there is a determination that the childcare provider has committed a serious breach of state law, orders, or regulation, the director shall utilize progressive penalties for noncompliance of any rule, regulation, or order relating to childcare providers. Progressive penalties could include written notice of noncompliance, education and training, suspending enrollment to the program, assessing fines, suspension of license, and revocation of license.
(h)
Any child daycare provider, as defined in this chapter, who has exhausted all administrative remedies within the department of human services and is aggrieved by a final order of the department of human services, may file for judicial review in the superior court of Providence county pursuant to § 42-35-15.
(i)
The Rhode Island family court shall retain jurisdiction over those complaints investigated by the department of children, youth and families, pursuant to chapter 72.1, regardless of whether licensing and monitoring is performed under this chapter or chapter 72.1 of this title.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-7. - Penalties for violations.

§ 42-12.5-7. Penalties for violations.
(a)
Any person who violates any of the provisions of this chapter, or any regulations issued pursuant to this chapter, or who shall intentionally make any false statement or reports to the director with reference to the matters contained herein, shall, upon conviction for the first offense, be imprisoned for a term not exceeding six (6) months or be fined not exceeding five hundred dollars ($500), or both, and for a second or subsequent offense, shall be imprisoned for a term not exceeding one year or be fined not exceeding one thousand dollars ($1,000), or both the fine and imprisonment.
(b)
Anyone who maintains or conducts a program or facility without first having obtained a license pursuant to this chapter, or who maintains or conducts a program or facility after a license has been revoked or suspended, or who shall refuse to permit a reasonable inspection and examination of a program or facility, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500) for each week that the program or facility shall have been maintained without a license or for each refusal to permit inspection and examination by the director.
(c)
Any individual, firm, corporation, or other entity who maintains or conducts a family daycare home without first having obtained a registration certificate for the home pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each week that the home shall have been maintained without a valid registration certificate.
(d)
The department shall refer any violations to the attorney general’s office for prosecution.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-12.5 - Licensing and Monitoring of Child Daycare Providers › Section 42-12.5-8. - Open door policy.

§ 42-12.5-8. Open door policy.
There shall be an open door policy permitting any custodial parent or legal guardian to have access to a daycare facility for any program when their child is in attendance.
History of Section.
P.L. 2019, ch. 88, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-1. - Establishment — Head of departments — Powers.

§ 42-13-1. Establishment — Head of departments — Powers.
(a)
There shall be a department of transportation. The head of the department shall be the director of transportation, appointed by the governor with the advice and consent of the senate, who shall carry out the provisions of this chapter and, except as otherwise provided by this title, the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31; chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public works and the department of public works, the Rhode Island turnpike and bridge authority, and the council on highway safety. The director shall also be responsible for preparation of short-range plans, project plans, and implementation programs for transportation; for port and waterways facilities where the principal purpose is transportation and management of port properties, warehouses, and state piers which function primarily as transportation facilities; and for maintaining an adequate level of rail passenger and freight services, including the administration of any financial or technical assistance which may be made available to operators of railroad transportation facilities; provided, however, that all contracts for the construction, reconstruction, maintenance, and repairs of all public roads and bridges, public buildings and all other properties of the state government, and the purchase of all equipment, materials, and supplies used in accordance therewith shall be negotiated by the purchasing agent in the department of administration.
(b)
The director shall adopt and promulgate state regulations which will set standards for future state, city and town construction and maintenance of sidewalks and curbs, in a manner which will make the use of the sidewalks more easily accessible to people who are disabled. Said standards shall require the installation of curb cuts and/or ramps at both ends of any pedestrian crosswalk.
The director shall adopt and promulgate a procedure to process all claims pursuant to § 24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances have the final determination as to the merits of each claim.
(c)
The director shall promulgate and adopt regulations which will prohibit any contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law from bidding on any construction projects administered by the department for a period of five (5) years from the date of any of the above convictions.
History of Section.
P.L. 1970, ch. 111, § 2; P.L. 1977, ch. 62, § 1; P.L. 1979, ch. 16, § 2; P.L. 1985, ch. 506, § 1; P.L. 1994, ch. 70, art. 21, § 2; P.L. 1999, ch. 83, § 116; P.L. 1999, ch. 130, § 116; P.L. 2010, ch. 206, § 2; P.L. 2010, ch. 213, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-1.1. - Flag personnel and police officers for state highway projects.

§ 42-13-1.1. Flag personnel and police officers for state highway projects.
The director of the department of transportation, or his or her designee, shall have the power with respect to all state highway and bridge projects to determine the necessity for and the number of civilian flag personnel or police officers, as the requirements of highway safety may dictate, at the discretion of the director or his or her designee.
History of Section.
P.L. 1987, ch. 342, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-2.1. - Duties of the department — Rhode Works project.

§ 42-13-2.1. Duties of the department — Rhode Works project.
(a)
It shall be the responsibility of the department to identify the businesses affected and the specific impact of rhode works projects on small businesses and to deliver and communicate this information to the department of commerce. The department shall identify the traffic flow to Rhode Island small business commercial areas as it relates to road and bridge closings due to rhode works projects, and the realignment of the Newport Bridge ramps, identify road and bridge closings, parking restrictions, and alterations in traffic patterns to accommodate road and bridge repairs, including proposed dates of work, road closures, and re-routing of any traffic and parking patterns.
(b)
During construction season (April through October), the department shall share the information collected in subsection (a) with the commerce corporation to allow at least two (2) months for the commerce corporation to assist small businesses affected by rhode works projects in the affected communities and neighborhoods as set forth in subsection (c). During emergencies, the department will contact the commerce corporation in order to coordinate a plan of action in the affected area. The department will meet with the commerce corporation on a regular basis in order to review upcoming projects and coordinate a plan of action for the affected businesses.
(c)
The commerce corporation shall provide those affected businesses in the construction areas with a list of available resources, programs, and services that, if utilized, might minimize the economic and financial impact upon those businesses during road and bridge construction, including, but not limited to, contact by the commerce corporation to affected businesses and if desired, meeting with affected businesses during construction.
History of Section.
P.L. 2018, ch. 123, § 1; P.L. 2018, ch. 228, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-3. - Relations with other governmental agencies.

§ 42-13-3. Relations with other governmental agencies.
The department of transportation is hereby authorized to cooperate with the appropriate agencies of the federal government, this state, or other states, and regional agencies in the planning, design, construction, operation, and maintenance of transportation facilities and programs. The department is authorized to apply for and accept funds from federal and regional agencies to carry out any of its functions, and to contract with the federal government and regional agencies concerning the use and disposition of those funds.
History of Section.
G.L. 1956, § 42-13-3; P.L. 1970, ch. 111, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-4. - Liberal construction.

§ 42-13-4. Liberal construction.
This chapter and §§ 24-12-50, 31-10-19, 31-13-1, 39-18-2, 39-18-20, and 46-9-5 shall be construed liberally in aid of their stated purpose.
History of Section.
P.L. 1970, ch. 111, § 9.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-13 - Department of Transportation › Section 42-13-5. - Severability.

§ 42-13-5. Severability.
If any provision of this chapter and §§ 24-12-50, 31-10-19, 31-13-1, 39-18-2, 39-18-20, and 46-9-5 or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the act, rule, or regulation, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter and §§ 24-12-50, 31-10-19, 31-13-1, 39-18-2, 39-18-20 and 46-9-5 shall not affect the validity of the remainder.
History of Section.
P.L. 1970, ch. 111, § 10.