reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.4 - Long-Term Health Care — Removal from a Skilled Nursing And/or Intermediate Care Facility › Section 42-66.4-5. - Duties of director of human services.

§ 42-66.4-5. Duties of director of human services.
(a)
For the purposes of this section, director means the director of human services.
(b)
Notwithstanding any inconsistent provision of law but subject to expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may authorize the utilization of medical assistance funds to pay for services provided by specified home health care services in addition to those services included in the medical assistance program under title 40 of this code, so long as federal financial participation is available for those services. Expenditures made under this subdivision shall be deemed payments for medical assistance for needy persons.
(c)
The department shall not make payments pursuant to 42 U.S.C. § 1396 et seq. for benefits available under 42 U.S.C. § 1395 et seq. without documentation that 42 U.S.C. § 1395 et seq. claims have been filed and denied.
(d)
The department shall not make payment for a person receiving a long-term home health care program while payments are being made for that person for inpatient care in a skilled nursing and/or intermediate care facility or hospital.
History of Section.
P.L. 1988, ch. 451, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.6 - Long-Term Care Assessment and Care Management Services › Section 42-66.6-1. - Long-term care assessment and care management services — Program establishment.

§ 42-66.6-1. Long-term care assessment and care management services — Program establishment.
There is established, within the department of elderly affairs, a long-term care assessment and care management program. The purpose of the program is to provide chronically impaired or disabled persons in need of assistance with activities of daily living with an assessment of need and guidance in the procurement of necessary long term care and supportive services and to make these persons aware of available long-term care service options. The department of human services shall cooperate and assist in the establishment of this program.
History of Section.
P.L. 1993, ch. 288, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.6 - Long-Term Care Assessment and Care Management Services › Section 42-66.6-2. - Definitions.

§ 42-66.6-2. Definitions.
As used in this chapter:
(1)
“Care management services” means the coordination of a plan of care and services provided at home or in the home of a responsible adult to an eligible client. Care management should include, but is not limited to, the following: a listing, whether provided by a for-profit or not-for-profit agency of in-home services which are available to the client; a listing of available community services; a referral to other agencies for program services which the client is eligible; procurement of services for the client by supervision of the contact and/or contract between the client and the provider; and continued guidance, supervision and monitoring of the services provided to and procured by the client.
(2)
“Long-term care assessment” means a program that provides a uniform health, social and functional assessment of persons in need of long-term care services due to chronic impairment or disability. The assessment will include providing information regarding appropriate community support services, including but not limited to, nutrition and transportation programs, home care and adult day care and residential placement alternatives including residential care/assisted living and nursing facilities.
History of Section.
P.L. 1993, ch. 288, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.6 - Long-Term Care Assessment and Care Management Services › Section 42-66.6-3. - Responsibilities of department.

§ 42-66.6-3. Responsibilities of department.
(a)
Long-term care assessment. The director shall establish, with the cooperation of the director of human services, a program for making long-term care assessments as defined in § 42-66.6-2. The assessment will be provided at no cost to the person being assessed and will be carried out by individuals designated by the director as qualified to administer the assessment. The assessment will include providing information regarding appropriate community support services and residential placement alternatives. Persons receiving assessment program services will be given recommendations on the appropriate need for care. The recommendations in the assessment will not be binding and the person will have the right to choose from any options, which are available.
(b)
The department shall make available to persons choosing home and/or community based care, a care management services program which will provide the individual with continued guidance, supervision and monitoring of the services procured by the client and periodic reassessment of the adequacy of the care plan in meeting the individual’s long-term care needs. The director is authorized to enter into contracts with community agencies to provide these care management services and to establish a client fee schedule for care management services.
(c)
The department shall develop and disseminate to all nursing facilities, residential/assisted living care facilities, hospitals and appropriate health care providers information relating to the long-term care assessment program and how individuals may access the program.
(d)
All persons seeking admission to or discharge from a licensed long-term care residential facility including nursing facilities and licensed residential care/assisted living facilities shall be provided with information prepared by the department about the availability of the long-term care assessment and care management program as defined in § 42-66.6-2(1). Persons seeking admission to a long-term care facility from an acute care hospital shall be provided with this information by the hospital’s discharge or social service staff. Persons being admitted from or discharged to the community shall be provided this information by the admission staff on the long-term care facility. Those persons seeking admission to a long-term care facility on an emergency basis or for skilled care are exempt from this provision.
History of Section.
P.L. 1993, ch. 288, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.6 - Long-Term Care Assessment and Care Management Services › Section 42-66.6-4. - Rules and regulations.

§ 42-66.6-4. Rules and regulations.
The director of the department of elderly affairs shall promulgate rules and regulations to implement this chapter.
History of Section.
P.L. 1993, ch. 288, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.6 - Long-Term Care Assessment and Care Management Services › Section 42-66.6-5. - Community living options.

§ 42-66.6-5. Community living options.
(a)
As part of the long-term care assessment and care management program as defined in § 42-66.6-2(1), all persons with a disability who are age sixty-five (65) years of age or younger and who are: (i) seeking admission to or discharge from a licensed long-term care residential facility including nursing facilities and licensed assisted living facilities; and/or (ii) any residents of such facilities whose care is paid for by the state and/or Medicaid, shall be provided with information prepared jointly by the department and the department of human services in collaboration with the Rhode Island independent living centers about the availability of the community living option. The information shall include what home and community-based services and other supportive services are available and eligible for state and/or Medicaid funding as an option for placement in a long-term care institution or residential facility in order to secure services in the least restrictive setting appropriate to their needs.
(b)
As used herein: (i) The term “community living option” shall mean providing opportunities for people with disabilities to choose to live in a less restrictive environment; and (ii) The term “disability” shall have the same meaning as set forth in § 42-87-1.
(c)
Whenever allowable by state and/or Medicaid program requirements, funds that shall be provided for the long-term care services referred to in this section shall follow individuals as their placement and/or setting of care changes.
(d)
Persons seeking admission to a long-term care facility from an acute care hospital shall be provided with this information by the hospital’s discharge or social service staff. Persons being admitted from or discharged to the community shall be provided this information by the admissions staff on the long-term care facility. Those persons seeking admission to a long-term care facility on an emergency basis or for skilled care shall be exempt from the provisions of this subsection.
History of Section.
P.L. 2004, ch. 367, § 1; P.L. 2004, ch. 411, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-1. - Short title.

§ 42-66.7-1. Short title.
This chapter shall be known and may be cited as the “Long-Term Care Ombudsperson Act of 1995”.
History of Section.
P.L. 1995, ch. 92, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-2. - Program established.

§ 42-66.7-2. Program established.
There is established a program of the Long-Term Care Ombudsperson to be administratively attached to the department of elderly affairs in accordance with its mandate under § 42-66-4 and the Older Americans Act, 42 U.S.C. § 3001 et seq.
History of Section.
P.L. 1995, ch. 92, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-4. - Long-term care ombudsperson.

§ 42-66.7-4. Long-term care ombudsperson.
The department of elderly affairs shall establish the position(s) of long-term care ombudsperson for the purpose of advocating on behalf of long-term care facility residents and of receiving, investigating and resolving through mediation, negotiation, and administrative action complaints filed by residents of long-term care facilities, individuals acting on their behalf or any individual organization or government agency that has reason to believe that a long-term care facility, organization or government agency has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of residents of long-term care facilities. The department of elderly affairs may operate the office of long-term care ombudsperson and carry out the program, directly or by contract or other arrangement with any public agency or non-profit organization.
History of Section.
P.L. 1995, ch. 92, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-5. - Powers and duties.

§ 42-66.7-5. Powers and duties.
The long-term care ombudsperson shall:
(1)
Identify, investigate, and resolve complaints that: (a) are made by, or on behalf of, residents; and (b) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees) and health care and financial powers of attorney;
(2)
Receive all reports of incidents reportable to the department of health within twenty-four (24) hours, or by the next business day of the occurrence, in cases of resident abuse, neglect, exploitation, theft, sexual abuse, accidents involving fires, elopement and patient to patient abuses;
(3)
Receive all reports of thirty (30) day notices of resident discharge from long-term care facilities;
(4)
Provide referral services to assist residents in protecting their health, safety, welfare and rights;
(5)
Inform residents of their rights and advocate on their behalf to improve their quality of life and live with dignity and respect;
(6)
Formulate policies and procedures to identify, investigate, and resolve complaints;
(7)
Make appropriate referrals of investigations to other state agencies, including, but not limited to, the departments of health, human services and attorney general;
(8)
Offer assistance and training to public and private organizations on long-term care of elders and persons with disabilities;
(9)
Represent the interests of residents of facilities before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents including, but not limited to, rights with respect to the appointment or removal of guardians and representative payees powers of attorney;
(10)
Review and, if necessary, comment on any existing and proposed laws, regulations, and other government policies and actions, that pertain to the rights and well-being of residents of facilities.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1; P.L. 2006, ch. 361, § 1; P.L. 2006, ch. 501, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-6. - Confidentiality.

§ 42-66.7-6. Confidentiality.
The files maintained by the long-term care ombudsperson program are confidential and shall be disclosed only with the written consent of the resident client affected or his or her legal representative, or if any disclosure is required by court order. Nothing in this paragraph shall be construed to prohibit the disclosure of information gathered in an investigation to any interested party as may be necessary to resolve the complaint or to refer to other appropriate state agencies investigating civil, criminal or licensing violations.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-7. - Access to records, facility, resident.

§ 42-66.7-7. Access to records, facility, resident.
(a)
In the course of an investigation, the long-term care ombudsperson shall:
(1)
Make the necessary inquiries and obtain information as is deemed necessary;
(2)
Have access to facilities and residents; and
(3)
Enter facilities and, after notifying the person in charge, inspect any books, files, medical records, or other records that pertain to the resident.
(b)
In the ordinary course of the long-term care ombudsperson’s duties, the long-term care ombudsperson shall have access to residents of a facility to:
(1)
Visit, talk with, make personal, social, and other appropriate services available;
(2)
Inform them of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials, discussion in groups, or discussion with individual residents and their families; and
(3)
Engage in other methods of assisting, advising, and representing residents to extend to them the full enjoyment of their rights.
(c)
The office of the long-term care ombudsperson is considered a health oversight agency.
(d)
Notwithstanding any other provision of law, a health oversight agency, and its employees and agents, shall comply with all state and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (Confidentiality of Health Care Communications and Information Act) and specifically subsection 5-37.3-4(c), which requires limitation on the distribution of information which is the subject of this chapter on a “need to know” basis, and § 40.1-5-26.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1; P.L. 2006, ch. 361, § 1; P.L. 2006, ch. 501, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-8. - Retaliation prohibited.

§ 42-66.7-8. Retaliation prohibited.
No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility by the facility; nor against any guardian or family member of any resident; nor against any resident of the facility; nor against any volunteer for any communication by him or her with the long-term care ombudsperson or for any information given or disclosed by him or her in good faith to aid the long-term care ombudsperson in carrying out his or her duties and responsibilities.
History of Section.
P.L. 1995, ch. 92, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-9. - Cooperation required.

§ 42-66.7-9. Cooperation required.
(a)
The long-term care ombudsperson may request from any government agency, and the agency is authorized and directed to provide, any cooperation and assistance, services, and data as will enable the long-term care ombudsperson to properly perform or exercise any of his or her functions, duties and powers under this chapter.
(b)
The long-term care ombudsperson shall, to the extent permissible under the provisions of § 712 of the Older Americans Act (42 U.S.C. § 3058g) as amended in 2000, cooperate and assist other government agencies in their investigations, such as the department of health, the department of attorney general, the department of human services and any other pertinent department or agency.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-10. - Annual reports.

§ 42-66.7-10. Annual reports.
The long-term care ombudsperson shall submit an annual report of the activities of the long-term care ombudsperson program and the long-term care ombudsperson’s activities concerning facilities and the protection of the rights of residents of the facilities with the assistant secretary for aging, director, governor, general assembly, director of the Rhode Island department of health, chair of the long-term-care coordinating council and other appropriate governmental entities. The report shall be available to the public.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-11. - Immunity from liability.

§ 42-66.7-11. Immunity from liability.
Any person, institution, or official who in good faith participates in the registering of a complaint, or who in good faith investigates that complaint or provides access to those persons carrying out the investigation, or who participates in a judicial proceeding resulting from that complaint, is immune from any civil or criminal liability that might otherwise be a result of these actions. For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this chapter did so in good faith.
History of Section.
P.L. 1995, ch. 92, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-12. - Rules and regulations.

§ 42-66.7-12. Rules and regulations.
The director of the department of elderly affairs shall promulgate and, from time to time, revise rules and regulations for the implementation and enforcement of the long-term ombudsperson program including, but not limited to, the procedures for the receipt, investigation and resolution, through administrative action, of complaints. As applicable, the rules and regulations promulgated by the director shall be in accordance with the provisions set forth in § 712 of the Older Americans Act (42 U.S.C. § 3058g) as amended in 2000.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-13. - Interagency cooperation.

§ 42-66.7-13. Interagency cooperation.
Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments. The director shall establish an interagency agreement among the elderly affairs department, the department of health, the department of attorney general and the department of human services to ensure a cooperative effort in meeting the needs of the residents of long-term care facilities.
History of Section.
P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-14. - Non-interference.

§ 42-66.7-14. Non-interference.
No person shall willfully interfere with the long-term care ombudsperson in the performance of the ombudsperson’s official duties.
History of Section.
P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-15. - Enforcement.

§ 42-66.7-15. Enforcement.
The director shall have the power to enforce the provisions of this chapter.
History of Section.
P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-16. - Penalty for violations of sections 42-66.7-8 and 42-66.7-14.

§ 42-66.7-16. Penalty for violations of sections 42-66.7-8 and 42-66.7-14.
Every person who willfully violates the provisions of § 42-66.7-8 or § 42-66.7-14 will be subject to a fine up to one thousand dollars ($1,000) for each violation of these sections and any other remedy provided for in the Rhode Island law.
History of Section.
P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.7 - Long-Term Care Ombudsperson Act of 1995 › Section 42-66.7-17. - Severability.

§ 42-66.7-17. Severability.
If any provision of this chapter or any rule or regulation made under this chapter, or the application of any provision of this chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the chapter, rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section of this chapter shall not affect the validity of the remainder of this chapter and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-1. - Legislative findings.

§ 42-66.8-1. Legislative findings.
It is found and declared as follows:
(1)
Rhode Island has one of the highest proportions of elderly persons in the nation. Persons age eighty-five (85) years old and over are the fastest growing segment of the state’s population.
(2)
A significant number of Rhode Island elderly have difficulty carrying out basic life activities, and many are at high risk for institutionalization due to chronic illness and disability.
(3)
There is a growing consumer preference for more housing and care alternatives designed specifically for persons who need assistance with basic life activities, but do not need the level of skilled nursing care and therapy that nursing homes provide.
(4)
There exists a lack of private sector initiatives to create assisted living options which are affordable to low and moderate income frail elderly and other frail persons.
(5)
It is imperative for state government and long-term health providers to develop cost effective means of caring for at-risk elderly, and in particular those low and moderate income frail elderly whose needs are appropriate for assisted living placement but who cannot afford the costs of market rate, private pay assisted living facilities.
(6)
An alternative form of housing and care must be developed in Rhode Island for low and moderate income frail elderly and other frail persons to enable them to live in a residential setting as independently as possible while achieving cost savings in the state Medicaid program.
(7)
An assisted living demonstration program, sponsored by the state through the collaboration and cooperation of the Rhode Island housing and mortgage finance corporation, the department of elderly affairs, and the department of human services, will allow the state to provide appropriate housing and care needed by frail elderly and other frail persons in Rhode Island and to evaluate the cost savings and other benefits of assisted living.
History of Section.
P.L. 1997, ch. 198, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-2. - Purpose — Assisted living waiver request.

§ 42-66.8-2. Purpose — Assisted living waiver request.
The purpose of this legislation is to provide assisted living alternatives to low and moderate income chronically impaired or disabled elderly and other chronically impaired or disabled adults who are eligible for or at risk of placement in nursing facility care. The director of the department of elderly affairs and the director of the department of human services shall cooperate and collaborate in obtaining approval from the health care financing administration for a home and community based services waiver designated to fund assisted living supportive services for up to two hundred (200) persons residing in assisted living facilities certified and financed by the Rhode Island housing and mortgage finance corporation. The director of the department of elderly affairs and the director of the department of human services shall formulate the waiver application and submit the waiver request no later than September 30, 1997. The waiver shall be reviewed and expanded periodically as funding is made available.
History of Section.
P.L. 1997, ch. 198, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-4. - Provision of service.

§ 42-66.8-4. Provision of service.
(a)
Provision of assisted living supportive services paid for with government funds in an assisted living facility as defined and delineated in this chapter shall be provided only to those persons who are eligible for, or at risk for, placement in a nursing facility and who have had a long-term care assessment which indicates the person can receive appropriate care in the assisted living facility.
(b)
The long-term care assessment required under this chapter shall be completed by persons designated by the director of elderly affairs and the director of the department of human services and shall include representatives of the department of human services and persons designated by the department of elderly affairs to provide long-term care assessment services under § 42-66.6-3.
(c)
If a person determined to be eligible to receive waiver services under this chapter desires to reside in an assisted living unit and an appropriate assisted living facility is available, the department of elderly affairs shall authorize the placement.
(d)
Continued provision of assisted living supportive services paid for with government funds in an assisted living facility shall be based on a reassessment of the recipient’s care needs to be performed at least every one hundred and eighty (180) days.
History of Section.
P.L. 1997, ch. 198, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-5. - Duties of director of human services.

§ 42-66.8-5. Duties of director of human services.
For the purposes of this section, director means the director of human services. Notwithstanding any inconsistent provision of law, but subject to the expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may authorize the utilization of medical assistance funds to pay for assisted living supportive services provided by specified assisted living facilities in addition to those services included in the medical assistance program under title 40 of this code, so long as federal financial participation is available for those services. Expenditures made under this subdivision shall be deemed payments for medical assistance for needy persons.
(1)
The department shall not make payments pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for benefits available under Title XVIII of that act, 42 U.S.C. § 1395 et seq., without documentation that Title XVIII claims have been filed and denied.
(2)
The department shall not make payments for a person receiving assisted living services while payments are being made for that person under another Medicaid waiver program or for inpatient care in a skilled nursing and intermediate care facility or hospital; provided, however, this shall not affect monthly payments made under prospective reimbursement contracts.
History of Section.
P.L. 1997, ch. 198, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-6. - Evaluation of assisted living waiver demonstration.

§ 42-66.8-6. Evaluation of assisted living waiver demonstration.
Upon implementation of the demonstration program and occupancy of assisted living facilities by low and moderate income persons, the Rhode Island department of elderly affairs will work in conjunction with Rhode Island housing to develop a tool to evaluate the qualitative benefits and cost effectiveness of the demonstration program.
History of Section.
P.L. 1997, ch. 198, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.8 - Rhode Island Assisted Housing Living Waiver › Section 42-66.8-7. - Additional assisted living waiver request.

§ 42-66.8-7. Additional assisted living waiver request.
In addition to the waiver request required by § 42-66.8-2, the directors of the departments of human services and elderly affairs shall cooperate and collaborate in obtaining approval from the health care financing administration for additional home and community based waiver services designated to fund assisted living support services for an additional one hundred eighty (180) persons, including fifty (50) persons with Alzheimer’s disease or another dementia with similar care and service needs, residing in licensed assisted living residences that demonstrate the capacity to meet the standards for service and care required under the conditions of the waiver. Application for the additional one hundred eighty (180) persons shall be submitted to the federal government by January 1, 2002. For purposes of this section, “assisted living residence” means those facilities licensed by the state pursuant to chapter 17.4 of title 23.
History of Section.
P.L. 2001, ch. 262, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.9 - Housing for the Elderly — Emergency Generators Required › Section 42-66.9-1. - Emergency generators required.

§ 42-66.9-1. Emergency generators required.
All housing for the elderly complexes, as defined in § 42-66.1-2, which are serviced by one or more elevators and/or electrically powered chair lifts, and which include more than one hundred (100) residential living units in a single building shall be equipped with emergency generators which shall provide sufficient power to provide emergency lighting to all common areas and a community room and power to operate the elevators and a refrigerator in a common area. Generator systems shall be in accordance with the national electric code and § 23-28.24-9.
History of Section.
P.L. 1997, ch. 297, § 2; P.L. 2013, ch. 381, § 2; P.L. 2013, ch. 532, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.9 - Housing for the Elderly — Emergency Generators Required › Section 42-66.9-2. - Penalty for failure to install emergency generator.

§ 42-66.9-2. Penalty for failure to install emergency generator.
(a)
Any housing complex for the elderly that fails to meet the requirements as outlined in the preceding section may be assessed an administrative penalty of two hundred dollars ($200) per day plus interest, which accrues from the date upon which the administrative penalty becomes final by the director of the department of elderly affairs.
(b)
Whenever the director seeks to assess an administrative penalty on an elderly housing complex, the facility shall have a right to an adjudicatory hearing under chapter 35 of this title.
(c)
The director shall cause to be served upon the housing complex, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which shall include a concise statement of the alleged failure to comply with the requirements of § 42-66.9-1 for which the administrative penalty is sought to be assessed, the amount which the director seeks to assess, a statement of the housing complex’s right to a hearing on the proposed assessment, and the manner of payment if the housing complex elects to pay the penalty and waive hearing.
(d)
In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove noncompliance with the requirements of § 42-66.9-1. Should a complex waive its right to an adjudicatory hearing by failing to respond in writing to the director within ten (10) days from the receipt of the notice of the penalty, the proposed administrative penalty shall be final at the end of the ten (10) day period.
(e)
If an administrative penalty is assessed at the conclusion of an adjudicatory hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title.
(f)
The director is authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.
History of Section.
P.L. 1997, ch. 297, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.10 - Elder Health Insurance Consumer Assistance Program › Section 42-66.10-1. - Short title.

§ 42-66.10-1. Short title.
This chapter shall be known and may be cited as the “Elder Health Insurance Consumer Assistance Program Act”.
History of Section.
P.L. 1999, ch. 182, § 1; P.L. 1999, ch. 372, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.10 - Elder Health Insurance Consumer Assistance Program › Section 42-66.10-2. - Elder Health Insurance Consumer Assistance Program.

§ 42-66.10-2. Elder Health Insurance Consumer Assistance Program.
(a)
The director of elderly affairs shall establish an elder health insurance consumer assistance program to:
(1)
Provide elder consumers of private and public health insurance programs information relating to choice of health insurance products and the rights and responsibilities of consumers and insurers under such products;
(2)
Operate a toll-free telephone line to respond to requests for information, advice or assistance concerning health insurance in a timely and efficient manner;
(3)
Produce and disseminate information about the availability of the elder health insurance consumer assistance program and educational materials concerning health insurance and patient rights;
(4)
Provide assistance (in non-litigative settings) to elder individuals who desire to appeal a denial or termination or reduction of health services, or the refusal to pay for such services, under a health insurance plan or program;
(5)
Make referrals to appropriate private and public entities or individuals so that inquiries, problems, and grievances with respect to health insurance can be handled promptly and efficiently; and
(6)
Collect data concerning inquiries, problems, and grievances handled by the elder health insurance consumer assistance program.
(b)
The department of elderly affairs may operate the elder health insurance consumer assistance program, directly or by contract or other arrangement, including the use of appropriately trained volunteers, with any public agency or non-profit organization. To the maximum extent possible, the department of elderly affairs shall coordinate the activities of the elder health insurance consumer assistance program with other programs of a similar purpose carried out by other state departments or the federal government.
History of Section.
P.L. 1999, ch. 182, § 1; P.L. 1999, ch. 372, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.11 - The Aging in Community Act of 2014 › Section 42-66.11-1. - Short title.

§ 42-66.11-1. Short title.
This chapter shall be known and may be cited as “The Aging in Community Act of 2014.”
History of Section.
P.L. 2014, ch. 367, § 1; P.L. 2014, ch. 402, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.11 - The Aging in Community Act of 2014 › Section 42-66.11-2. - Legislative findings.

§ 42-66.11-2. Legislative findings.
The legislature finds and declares:
(1)
The number of Rhode Islanders sixty-five (65) years of age and older is projected by the state planning office to grow from 152,000 in 2010 to 189,000 in 2020 and to 248,000 by the year 2030.
(2)
The 2010 U.S. Census established that Rhode Island had the highest percentage of persons age eighty-five (85) years and older, an age group that has the highest dependency needs and an increased need for long-term care services and supports.
(3)
Surveys consistently show most older persons prefer to remain in their own homes and community for as long as possible.
(4)
Community-based support services and programs, such as Meals on Wheels, caregiver support, respite services, and senior centers, play important roles in helping older persons to “age in community” thereby preventing or postponing institutionalization, reducing Medicaid costs for long-term care facilities, and reducing caregiver burden.
(5)
Adequate funding for demonstrated, cost-effective home-and-community support services, such as Meals on Wheels, caregiver support, and respite programs is essential to reducing the use of long-term-care facilities by low-care residents; to saving Medicaid costs for the state; and to helping unpaid caregivers keep frail elders and adults with disabilities living at home.
(6)
State funds to support Meals on Wheels and respite services decreased by sixty-three percent (63%) from fiscal year 2003 to fiscal year 2014 and there exists a waiting list for these essential services.
History of Section.
P.L. 2014, ch. 367, § 1; P.L. 2014, ch. 402, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.11 - The Aging in Community Act of 2014 › Section 42-66.11-3. - The aging in community plan.

§ 42-66.11-3. The aging in community plan.
The chair of the state long-term care coordinating council shall create an aging-in-community subcommittee the purpose of which shall be to develop a plan to provide the needed infrastructure and program improvements in support services, housing, and transportation that will enable the state’s growing elder population to safely remain living at home and in community settings. The aging-in-community plan shall include an inventory of available services, identification of service and program gaps, and resource needs. In addition to members of the long-term care coordinating council, the subcommittee shall include those members of the state’s academic community with expertise in aging services and community-based, long-term supports and services as the council deems appropriate.
History of Section.
P.L. 2014, ch. 367, § 1; P.L. 2014, ch. 402, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.12 - The Rhode Island Aging and Disability Resource Center › Section 42-66.12-1. - Short title.

§ 42-66.12-1. Short title.
This chapter shall be known and may be cited as the “The Rhode Island Aging and Disability Resource Center Act.”
History of Section.
P.L. 2018, ch. 47, art. 13, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.12 - The Rhode Island Aging and Disability Resource Center › Section 42-66.12-2. - Purpose.

§ 42-66.12-2. Purpose.
To assist Rhode Islanders and their families in making informed choices and decisions about long-term service and support options and to streamline access to long-term supports and services for older adults, persons with disabilities, family caregivers, and providers, a statewide aging and disability resource center shall be maintained. The Rhode Island aging and disability resource center (ADRC) is a state multi-agency effort. It consists of a centrally operated, coordinated system of information, referral, and options counseling for all persons seeking long-term supports and services in order to enhance individual choice, foster informed decision-making, and minimize confusion and duplication.
History of Section.
P.L. 2018, ch. 47, art. 13, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.12 - The Rhode Island Aging and Disability Resource Center › Section 42-66.12-3. - Aging and disability resource center established.

§ 42-66.12-3. Aging and disability resource center established.
The Rhode Island aging and disability resource center (ADRC) shall be established and operated by the department of human services, office of healthy aging in collaboration with other agencies within the executive office of health and human services. The office of healthy aging shall build on its experience in development and implementation of the current ADRC program. The ADRC is an integral part of the Rhode Island system of long-term supports and services working to promote the state’s long-term system rebalancing goals by diverting persons, when appropriate, from institutional care to home and community-based services and preventing short-term institutional stays from becoming permanent through options counseling and screening for eligibility for home- and community-based services.
History of Section.
P.L. 2018, ch. 47, art. 13, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.12 - The Rhode Island Aging and Disability Resource Center › Section 42-66.12-4. - Aging and disability resource center service directives.

§ 42-66.12-4. Aging and disability resource center service directives.
The aging and disability resource center (ADRC) shall provide for the following:
(1)
A statewide toll-free ADRC information number available during business hours with a messaging system to respond to after-hours calls during the next business day and language services to assist individuals with limited English language skills;
(2)
A comprehensive database of information, updated on a regular basis and accessible through a dedicated website, on the full range of available public and private long-term support and service programs, service providers and resources within the state and in specific communities, including information on housing supports, transportation, and the availability of integrated long-term care;
(3)
Personal options counseling, including implementing provisions required in § 40-8.9-9, to assist individuals in assessing their existing or anticipated long-term-care needs, and assisting them to develop and implement a plan designed to meet their specific needs and circumstances;
(4)
A means to link callers to the ADRC information line to interactive long-term-care screening tools and to make these tools available through the ADRC website by integrating the tools into the website;
(5)
Development of partnerships, through memorandum agreements or other arrangements, with other entities serving older adults and persons with disabilities, including those working on nursing home transition and hospital discharge programs, to assist in maintaining and providing ADRC services; and
(6)
Community education and outreach activities to inform persons about the ADRC services, in finding information through the internet and in planning for future long-term-care needs including housing and community service options.
History of Section.
P.L. 2018, ch. 47, art. 13, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.13 - Supported Decision-Making Act › Section 42-66.13-1. - Short title.

§ 42-66.13-1. Short title.
This chapter shall be known and may be cited as the “Supported Decision-Making Act.”
History of Section.
P.L. 2019, ch. 113, § 1; P.L. 2019, ch. 124, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.13 - Supported Decision-Making Act › Section 42-66.13-2. - Purpose.

§ 42-66.13-2. Purpose.
(a)
The purpose of this chapter is to achieve all of the following:
(1)
Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions for adults who would benefit from decision-making assistance;
(2)
Give supporters legal status to be with the adult and participate in discussions with others when the adult is making decisions or attempting to obtain information;
(3)
Enable supporters to assist in making and communicating decisions for the adult but not substitute as the decision maker for that adult; and
(4)
Establish the use of supported decision-making as an alternative to guardianship.
(b)
This chapter is to be administered and interpreted in accordance with all of the following principles:
(1)
All adults should be able to choose to live in the manner they wish and to accept or refuse support, assistance, or protection;
(2)
All adults should be able to be informed about and participate in the management of their affairs; and
(3)
The values, beliefs, wishes, cultural norms, and traditions that adults hold should be respected in supporting adults to manage their affairs.
History of Section.
P.L. 2019, ch. 113, § 1; P.L. 2019, ch. 124, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-66.13 - Supported Decision-Making Act › Section 42-66.13-4. - Presumption of capacity.

§ 42-66.13-4. Presumption of capacity.
(a)
All adults are presumed to be capable of managing their affairs and to have legal capacity.
(b)
The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult’s affairs.
(c)
Execution of a supported decision-making agreement may not be used as evidence of incapacity and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
History of Section.
P.L. 2019, ch. 113, § 1; P.L. 2019, ch. 124, § 1.