reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-152 - Department of Veterans’ Affairs › Section 42-152-4. - Repealed.

§ 42-152-4. Repealed.
History of Section.
P.L. 2009, ch. 233, § 1; P.L. 2009, ch. 234, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 3, effective July 1, 2011.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-152 - Department of Veterans’ Affairs › Section 42-152-5. - Repealed.

§ 42-152-5. Repealed.
History of Section.
P.L. 2009, ch. 233, § 1; P.L. 2009, ch. 234, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 3, effective July 1, 2011.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-152 - Department of Veterans’ Affairs › Section 42-152-6. - Repealed.

§ 42-152-6. Repealed.
History of Section.
P.L. 2009, ch. 233, § 1; P.L. 2009, ch. 234, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 3, effective July 1, 2011.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-152 - Department of Veterans’ Affairs › Section 42-152-7. - Repealed.

§ 42-152-7. Repealed.
History of Section.
P.L. 2009, ch. 233, § 1; P.L. 2009, ch. 234, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 3, effective July 1, 2011.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-152 - Department of Veterans’ Affairs › Section 42-152-8. - Repealed.

§ 42-152-8. Repealed.
History of Section.
P.L. 2009, ch. 233, § 1; P.L. 2009, ch. 234, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 3, effective July 1, 2011.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-153 - Restricting Radio Frequency Identification Devices › Section 42-153-1. - Restriction of radio frequency identification devices.

§ 42-153-1. Restriction of radio frequency identification devices.
Except where required by federal law, no state or municipal agency, or any subdivision thereof, shall use, or request the use of Radio Frequency Identification Devices (RFID) for the purpose of tracking the movement or identity of any student on school grounds, at school functions, or while being transported to or from school grounds or school functions.
History of Section.
P.L. 2009, ch. 371, § 1; P.L. 2009, ch. 380, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-153 - Restricting Radio Frequency Identification Devices › Section 42-153-2. - Civil action alleging a violation.

§ 42-153-2. Civil action alleging a violation.
In any civil action allowing a violation of this chapter, the court may:
(1)
Award damages and reasonable attorney’s fees and costs to a prevailing plaintiff; and
(2)
Afford injunctive and other appropriate relief against any agency that commits or proposes to commit a violation of this chapter.
History of Section.
P.L. 2009, ch. 371, § 1; P.L. 2009, ch. 380, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-153 - Restricting Radio Frequency Identification Devices › Section 42-153-3. - Scope.

§ 42-153-3. Scope.
(a)
Nothing contained herein shall be construed to affect the otherwise lawful use of electronic monitoring devices by the department of corrections or the department of children, youth and families for individuals placed on electronic monitoring parole, home confinement, temporary community placement pursuant to § 14-1-36.1, or in community correctional programs. Global Positioning devices are excluded.
(b)
Nothing contained herein shall be construed to prohibit the use of RFIDs for the purpose of tracking students being transported to a hospital for emergency medical services in accordance with § 23-4.1-1; provided, however, that no information that personally identifies the individual shall be transmitted by the RFID unless HIPPA compliant.
(c)
Nothing contained herein shall prohibit the use of RFIDs by a state or local government for the purpose of tracking the location of equipment or vehicles owned by the state or local government, provided that the RFID device shall not contain or transmit information that directly pertains to any student.
(d)
Nothing contained herein shall be construed to apply to or prohibit the use of global positioning system devices.
(e)
Nothing contained herein shall be construed to prohibit a school’s use of RFID in the case of a student with special needs where: (1) It is determined that there is no less restrictive alternative available to monitor the student’s movement in order to prevent elopement; (2) The use of RFID has been agreed to by both the school and the student’s parent(s) or legal guardian; (3) The use of RFID technology is included in the student’s individual education plan; and (4) The student’s parent(s) or legal guardian have been provided information about the benefits and limits of the technology in tracking a student who has eloped.
History of Section.
P.L. 2009, ch. 371, § 1; P.L. 2009, ch. 380, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-153 - Restricting Radio Frequency Identification Devices › Section 42-153-4. - Use of radio frequency identification devices for toll payment.

§ 42-153-4. Use of radio frequency identification devices for toll payment.
The personally identifiable information of persons who use radio frequency identification devices to facilitate the payment of tolls shall not be considered public information. Personally identifying information may be released to law enforcement agencies only for: (1) toll enforcement purposes; or (2) for other purposes if accompanied by a court order.
History of Section.
P.L. 2009, ch. 371, § 1; P.L. 2009, ch. 380, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-154 - Division of Elderly Affairs › Section 42-154-1. - Establishment of division — Director.

§ 42-154-1. Establishment of division — Director.
(a)
There is hereby established within the executive branch of state government and the department of human services a division of elderly affairs, effective July 1, 2011. The division shall reside within the department of human services for administrative purposes only. The head of the division shall be the director of the division of elderly affairs, appointed by and reporting directly to the governor, with the advice and consent of the senate.
(b)
Effective July 1, 2019, the division of elderly affairs, as established pursuant to subsection (a) of this section, shall be henceforth referred to and renamed as the “office of healthy aging.”
History of Section.
P.L. 2011, ch. 151, art. 9, § 2; P.L. 2019, ch. 88, art. 4, § 24.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-154 - Division of Elderly Affairs › Section 42-154-2. - Transfer of powers and duties from the department of elderly affairs.

§ 42-154-2. Transfer of powers and duties from the department of elderly affairs.
There is hereby transferred to the division of elderly affairs within the department of human services those powers and duties formerly administered by the department of elderly affairs as provided for in chapters 42-66 (“Elderly Affairs Department”) through 42-66.10 (“Elder Health Insurance Consumer Assistance Program”), inclusive, and any other applicable provisions of the general laws; provided, however, in order that there is no interruption in the functions of elderly affairs and/or human services the transfer may be postponed until such time as determined by the secretary of the office of health and human services that the transfer may best be put into force and effect; provided, further, the governor shall submit to the 2012 Assembly any recommended statutory changes necessary to facilitate the merger.
History of Section.
P.L. 2011, ch. 151, art. 9, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-154 - Division of Elderly Affairs › Section 42-154-3. - Construction of references.

§ 42-154-3. Construction of references.
Effective July 1, 2011, all references in the general laws to the department of elderly affairs established pursuant to chapter 66 of this title (“Elderly Affairs Department”) shall be deemed to mean and refer to the division of elderly affairs within the department of human services as set forth in this chapter. Effective July 1, 2019, all references in the general laws to either the department of elderly affairs established pursuant to chapter 66 of this title (“Elderly Affairs Department”) or the division of elderly affairs established pursuant to § 42-154-1(a) shall be deemed to mean and refer to the office of healthy aging within the department of human services.
History of Section.
P.L. 2011, ch. 151, art. 9, § 2; P.L. 2019, ch. 88, art. 4, § 24.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-1. - Title.

§ 42-155-1. Title.
This chapter shall be known and may be cited as the “Quasi-Public Corporations Accountability and Transparency Act.”
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-2. - Legislative findings.

§ 42-155-2. Legislative findings.
It is hereby found that:
(1)
Quasi-public corporations are established and empowered by state law, and would not exist but for their relationship with the state.
(2)
Quasi-public corporations perform essential government functions and/or provide essential government services.
(3)
Many quasi-public corporations are granted the public power to collect fees and/or generate other revenue and incur debt.
(4)
Quasi-public corporations manage significant public resources; however, the majority are exempt from many kinds of public oversight, such as executive and legislative budgetary review required of state agencies and departments.
(5)
It is essential that quasi-public corporations provide more, not less, transparency by making their decisions and budgets especially transparent and open to public scrutiny, and by demonstrating a commitment to protecting the interests of Rhode Island taxpayers by achieving the highest standards of transparent, effective, and ethical operation.
(6)
Quasi-public corporations are governed by independent boards that serve a critical oversight function and there exists a need to strengthen the ability of board members to carry out this oversight role.
(7)
Rhode Island citizens rely on their government to provide oversight of quasi-public corporations, with a goal of ensuring that these state entities carry out their government missions effectively, and exemplify a commitment to transparent, accountable, and effective government.
(8)
The general assembly has made comprehensive amendments to the Rhode Island commerce corporation’s enabling legislation to enhance transparency and accountability; provide board members with additional tools to exercise crucial oversight; establish increased reporting requirements; and establish regularly scheduled audits of the corporation. All Rhode Island quasi-public corporations should be held to these higher standards of transparency and accountability.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-3. - Definitions.

§ 42-155-3. Definitions.
(a)
As used in this chapter, “quasi-public corporation” means any body corporate and politic created, or to be created, pursuant to the general laws, including, but not limited to, the following:
(1)
Capital center commission;
(2)
Rhode Island convention center authority;
(3)
Rhode Island industrial facilities corporation;
(4)
Rhode Island industrial-recreational building authority;
(5)
Rhode Island small business loan fund corporation;
(6)
Quonset development corporation;
(7)
Rhode Island airport corporation;
(8)
I-195 redevelopment district commission;
(9)
Rhode Island health and educational building corporation;
(10)
Rhode Island housing and mortgage finance corporation;
(11)
Rhode Island student loan authority;
(12)
Narragansett bay commission;
(13)
Rhode Island infrastructure bank;
(14)
Rhode Island water resources board;
(15)
Rhode Island resource recovery corporation;
(16)
Rhode Island public rail corporation;
(17)
Rhode Island public transit authority;
(18)
Rhode Island turnpike and bridge authority;
(19)
Rhode Island tobacco settlement financing corporation; and
(20)
Any subsidiary of the Rhode Island commerce corporation.
(b)
Cities, towns, and any corporation created that is an instrumentality and agency of a city or town, and any corporation created by a state law that has been authorized to transact business and exercise its powers by a city or town pursuant to ordinance or resolution, and fire and water districts are not subject to the provisions of this chapter.
(c)
The Rhode Island commerce corporation, being subject to similar transparency and accountability requirements set forth in chapter 64 of title 42; the Rhode Island public rail corporation established in chapter 64.2 of title 42; Block Island power authority; and the Pascoag utility district shall not be subject to the provisions of this chapter.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1; P.L. 2015, ch. 141, art. 7, § 20; P.L. 2015, ch. 141, art. 14, § 12.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-5. - Executive compensation.

§ 42-155-5. Executive compensation.
(a)
Each quasi-public corporation shall establish a committee on executive compensation, comprised solely of board members, that shall:
(1)
Recommend to the full board the compensation packages of the executive and senior management of the corporation. The compensation package of the executive officer shall be based on a comprehensive and objective analysis of comparable compensation of similar officers of state government, other authorities, quasi-public corporations, and private-sector employees with similar functions and responsibilities. The committee may retain a consultant to assist in the comparability study. When calculating compensation, the committee shall consider the value of the retirement plan in the overall compensation package;
(2)
Prepare clear, written job descriptions and clear, written expectations of job performance for the executive officer and senior management;
(3)
Conduct the job performance review of the executive officer at least annually; and
(4)
Negotiate the employment contract of the executive officer which shall be approved by the full board during an open meeting.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-6. - Transparency requirements established.

§ 42-155-6. Transparency requirements established.
The following shall be public and, available to the public upon request and posted directly, or via direct link, on the website of each quasi-public corporation:
(1)
Job descriptions of the executive director and management;
(2)
Compensation comparability studies of the executive;
(3)
Quarterly financial statements;
(4)
Capital improvement plans;
(5)
Operating budgets;
(6)
Strategic plan;
(7)
Agendas and minutes of the open meetings of the board;
(8)
Quarterly contracting reports required by § 42-90-1;
(9)
Regulations adopted by the quasi-public corporation;
(10)
Enabling legislation;
(11)
Mission statement;
(12)
Board members;
(13)
Organizational chart;
(14)
By laws of the quasi-public corporation;
(15)
All reports and audits required by this chapter.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-7. - Audit of quasi-public corporations.

§ 42-155-7. Audit of quasi-public corporations.
(a)
Commencing January 1, 2015, and every five (5) years thereafter, each quasi-public corporation shall be subject to a performance audit, conducted in compliance with the generally acceptable governmental auditing standards or the standards for the professional practice of internal auditing, by the chief of the office of internal audit. The chief, in collaboration with the quasi-public corporation, shall determine the scope of the audit. To assist in the performance of an audit, the chief, in collaboration with the quasi-public corporation, may procure the services of a certified public accounting firm, which shall be a subcontractor of the office of internal audit, and shall be under the direct supervision of the office of internal audit. The chief of the office of internal audit shall establish a rotating schedule identifying the year in which each quasi-public corporation shall be audited. The schedule shall be posted on the website of the office of internal audit.
(b)
The audit shall be conducted in conformance with chapter 7 of title 35 (“Post Audit of Accounts”).
(c)
Each quasi-public corporation shall be responsible for costs associated with its own audit. The chief and each quasi-public corporation shall agree upon reasonable costs for the audit, not to exceed seventy-five thousand dollars ($75,000), that shall be remitted to the office of internal audit.
(d)
The results of the audit shall be made public upon completion and posted on the websites of the office of internal audit and the quasi-public corporation.
(e)
For purposes of this section, a performance audit shall mean an independent examination of a program, function, operation, or the management systems and procedures of a governmental or nonprofit entity to assess whether the entity is achieving economy, efficiency, and effectiveness in the employment of all available resources.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1; P.L. 2015, ch. 166, § 1; P.L. 2015, ch. 195, § 1; P.L. 2016, ch. 142, art. 4, § 12.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-8. - Outside employment.

§ 42-155-8. Outside employment.
No employee of a quasi-public corporation may accept outside employment that will impair his or her judgment as to duties and responsibilities in the course of employment with the quasi-public corporation. Generally, outside employment is barred if the private employer can benefit from the official actions of the employee of the quasi-public corporation.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-9. - Rules and regulations and other statutes.

§ 42-155-9. Rules and regulations and other statutes.
When issuing rules and regulations, or any amendments to rules and regulations, or when adopting by laws or amendments to bylaws, each quasi-public corporation shall be subject to the provisions of chapter 35 of title 42 (“Administrative Procedures”). All quasi-public corporations shall be subject to the provisions of chapter 46 of title 42 (“Open Meetings”), chapter 2 of title 38 (“Access to Public Records”), and chapter 14 of title 36 (“Code of Ethics”).
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-155 - Quasi-Public Corporations Accountability and Transparency Act › Section 42-155-10. - Severability.

§ 42-155-10. Severability.
If any provision of this chapter, or of any rule or regulation made under this chapter, or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons or circumstances shall not be affected by this invalidity. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the chapter.
History of Section.
P.L. 2014, ch. 482, § 1; P.L. 2014, ch. 509, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-1. - Short title.

§ 42-156-1. Short title.
This chapter shall be known as the “Underground Economy and Employee Misclassification Act.”
History of Section.
P.L. 2014, ch. 145, art. 8, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-2. - Declaration of purpose.

§ 42-156-2. Declaration of purpose.
The general assembly finds and declares that this state’s economy, its workers and its businesses are harmed by the existence of an illegal underground economy in which individuals and businesses conceal their activities from government licensing, regulatory and taxing authorities. The underground economy and, in particular, the practice of employee misclassification:
(a)
exploits vulnerable workers and deprives them of legal benefits and protections;
(b)
gives unlawful businesses an unfair competitive advantage over lawful businesses by illegally driving down violators’ taxes, wages, and other overhead costs;
(c)
defrauds the government of substantial tax revenues; and
(d)
harms consumers who suffer at the hands of unlicensed businesses that fail to maintain minimum levels of skills and knowledge.
The creation of a task force has proven to be an effective mechanism for enhancing interagency cooperation and information sharing.
History of Section.
P.L. 2014, ch. 145, art. 8, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-3. - Task Force.

§ 42-156-3. Task Force.
There is hereby established a Task Force on the Underground Economy and Employee Misclassification. The Task Force shall consist of the following members or their designees:
(a)
the director of labor and training or designee;
(b)
the tax administrator or designee;
(c)
the director of business regulation or designee;
(d)
the head of the workforce regulation and safety division or designee;
(e)
the attorney general or designee;
(f)
the commissioner of the department of public safety or designee; and
(g)
Chief Judge of the Workers’ Compensation Court or designee.
The director of labor and training shall chair the Task Force.
History of Section.
P.L. 2014, ch. 145, art. 8, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-4. - Duties and responsibilities.

§ 42-156-4. Duties and responsibilities.
(a)
The Task Force shall coordinate joint efforts to combat the underground economy and employee misclassification. The Task Force shall:
(1)
Foster voluntary compliance with the law by educating business owners and employees about applicable requirements;
(2)
Protect the health, safety and benefit rights of workers;
(3)
Restore competitive equality for law-abiding businesses; and
(4)
Identify industries and geographic areas where evidence shows workers are most likely to be mistakenly or deliberately misclassified or are victims of wage theft and engage in proactive and particular efforts, including but not limited to proactive enforcement strategies, to reach those sectors where workers are least likely to report such violations.
(b)
In addition to the duties and responsibilities set forth in subsection (a) of this section, the task force, working with the department of labor and training, shall institute an information campaign to educate the public, including but not limited to business owners, employers, and employees, regarding the changes in state law regarding payment of wages and in particular the new and enhanced civil and criminal penalties established in §§ 28-14-17, 28-14-19, and 28-14-19.1, which changes are set to be in effect January 1, 2024.
History of Section.
P.L. 2014, ch. 145, art. 8, § 1; P.L. 2023, ch. 244, § 2, effective June 22, 2023; P.L. 2023, ch. 245, § 2, effective June 22, 2023.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-5. - Sharing of information.

§ 42-156-5. Sharing of information.
Notwithstanding any other law or regulation to the contrary, the Task Force shall facilitate timely information sharing between and among Task Force members, including the establishment of protocols by which participating agencies will advise or refer to other agencies matters of potential interest.
History of Section.
P.L. 2014, ch. 145, art. 8, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-156 - Underground Economy and Employee Misclassification Act › Section 42-156-6. - Annual report.

§ 42-156-6. Annual report.
No later than March 15, 2015, and every March 15th thereafter, the Task Force shall submit a report to the governor and the chairpersons of the house finance committee and senate finance committee summarizing the Task Force’s activities during the preceding calendar year. The report shall, without limitation:
(a)
Describe the Task Force’s efforts and accomplishments during the year;
(b)
Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action; and
(c)
Propose appropriate administrative, legislative, or regulatory changes to strengthen the Task Force’s operations and reduce or eliminate any barriers to those efforts.
History of Section.
P.L. 2014, ch. 145, art. 8, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-1. - Establishment of exchange.

§ 42-157-1. Establishment of exchange.
Purpose.
The department of administration is hereby authorized to establish the Rhode Island health benefit exchange, to be known as HealthSource RI, to exercise the powers and authority of a state-based exchange which shall meet the minimum requirements of the federal act.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-2. - Definitions.

§ 42-157-2. Definitions.
As used in this section, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent:
(1)
“Director” means the director of the department of administration.
(2)
“Federal act” means the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.
(3)
“Health plan” and “qualified health plan” have the same meanings as those terms are defined in § 1301 of the Federal Act.
(4)
“Insurer” means every medical service corporation, hospital service corporation, accident and sickness insurer, dental service corporation, and health maintenance organization licensed under title 27, or as defined in § 42-62-4.
(5)
“Secretary” means the secretary of the Federal Department of Health and Human Services.
(6)
“Qualified dental plan” means a dental plan as described in § 1311(d)(2)(B)(ii) of the Federal Act [42 U.S.C. § 18031].
(7)
“Qualified individuals” and “qualified employers” shall have the same meaning as defined in federal law.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-3. - General requirements.

§ 42-157-3. General requirements.
(a)
The exchange shall make qualified health plans available to qualified individuals and qualified employers. The exchange shall not make available any health benefit plan that has not been certified by the exchange as a qualified health plan in accordance with federal law.
(b)
The exchange shall allow an insurer to offer a plan that provides limited scope dental benefits meeting the requirements of § 9832(c)(2)(A) of the Internal Revenue Code of 1986 through the exchange, either separately or in conjunction with a qualified health plan, if the plan provides pediatric dental benefits meeting the requirements of § 1302(b)(1)(J) of the Federal Act [42 U.S.C. § 18022].
(c)
Any health plan that delivers a benefit plan on the exchange that covers abortion services, as defined in 45 C.F.R. § 156.280(d)(1), shall comply with segregation of funding requirements, as well as an annual assurance statement to the Office of the Health Insurance Commissioner, in accordance with 45 C.F.R. §§ 156.680(e)(3) and (5).
(d)
At least one plan variation for individual market plan designs offered on the exchange at each level of coverage, as defined by section 1302(d)(1) of the federal act [42 U.S.C. § 18022], at which the carrier is offering a plan or plans, shall exclude coverage for abortion services as defined in 45 C.F.R. § 156.280(d)(1). If the health plan proposes different rates for such plan variations, each listed plan design shall include the associated rate. Except for Religious Employers (as defined in Section 6033(a)(3)(A)(i) of the Internal Revenue Code), employers selecting a plan under this religious exemption subsection may not designate it as the single plan for employees, but shall offer their employees full-choice of small employer plans on the exchange, using the employer-selected plan as the base plan for coverage. The employer is not responsible for payment that exceeds that designated for the employer-selected plan.
(e)
Health plans that offer a plan variation that excludes coverage for abortion services as defined in 45 C.F.R. § 156.280(d)(1) for a religious exemption variation in the small group market shall treat such a plan as a separate plan offering with a corresponding rate.
(f)
An employer who elects a religious exemption variation shall provide written notice to prospective enrollees prior to enrollment that the plan excludes coverage for abortion services as defined in 45 C.F.R. § 156.280(d)(1). The carrier must include notice that the plan excludes coverage for abortion services as part of the Summary of Benefits and Coverage required by 42 U.S.C. § 300gg-15.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-4. - Financing.

§ 42-157-4. Financing.
(a)
The department is authorized to assess insurers offering qualified health plans and qualified dental plans. To support the functions of the exchange, insurers offering qualified health plans and qualified dental plans must remit an assessment to the exchange each month, in a timeframe and manner established by the exchange, equal to three and one-half percent (3.5%) of the monthly premium charged by the insurer for each policy under the plan where enrollment is through the exchange. Revenues from the assessment shall be deposited in a restricted-receipt account for the sole use of the exchange and shall be exempt from the indirect cost-recovery provisions of § 35-4-27.
(b)
The general assembly may appropriate general revenue to support the annual budget for the exchange in lieu of or to supplement revenues raised from the assessment under subsection (a) of this section.
(c)
If the director determines that the level of resources obtained pursuant to subsection (a) will be in excess of the budget for the exchange, the department shall provide a report to the governor, the speaker of the house, and the senate president identifying the surplus and detailing how the assessment established pursuant to subsection (a) may be offset in a future year to reconcile with impacted insurers and how any future supplemental or annual budget submission to the general assembly may be revised accordingly.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2; P.L. 2019, ch. 88, art. 11, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-5. - Regional purchasing, efficiencies, and innovation.

§ 42-157-5. Regional purchasing, efficiencies, and innovation.
To take advantage of economies of scale and to lower costs, the exchange is hereby authorized to pursue opportunities to jointly negotiate, procure or otherwise purchase exchange services with or partner with another state or multiple states and to pursue a Federal Affordable Care Act 1332 Waiver.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-5.1. - Small business health options program (SHOP) innovation waiver.

§ 42-157-5.1. Small business health options program (SHOP) innovation waiver.
(a)
As small business owners and sole proprietors are the life blood of this state’s economy, a recent change in the Federal Affordable Care Act effective on January 1, 2016, has caused irreparable harm to the economic well-being of small business owners and sole proprietors by requiring them to secure health insurance coverage on the individual market as opposed to securing health insurance coverage on the small group market.
(b)
In an effort to reduce and/or eliminate the irreparable economic harm, the director of the department of administration, with assistance from the commissioner of health insurance, shall seek a waiver under Section 1332 of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, for the purpose of allowing businesses classified as self-employed and sole proprietors to purchase insurance in the small group market through the health source RI for employers SHOP program and not be forced into the individual market.
History of Section.
P.L. 2018, ch. 124, § 1; P.L. 2018, ch. 194, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-6. - Audit.

§ 42-157-6. Audit.
(a)
Annually, the exchange shall cause to have a financial and/or performance audit of its functions and operations performed in compliance with the generally accepted governmental auditing standards and conducted by the state office of internal audit or a certified public accounting firm qualified in performance audits.
(b)
If the audit is not directly performed by the state office of internal audit, the selection of the auditor and the scope of the audit shall be subject to the approval of the state office of internal audit.
(c)
The results of the audit shall be made public upon completion, posted on the department’s website and otherwise made available for public inspection.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-7. - Exchange advisory board.

§ 42-157-7. Exchange advisory board.
The exchange shall maintain an advisory board which shall be appointed by the director. The director shall consider the expertise of the members of the board and make appointments so that the board’s composition reflects a range and diversity of skills, backgrounds and stakeholder perspectives.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-8. - Reporting.

§ 42-157-8. Reporting.
HealthSource RI shall provide a monthly report to the chairpersons of the house finance committee and the senate finance committee by the fifteenth day of each month beginning in July 2015. The report shall include, but not be limited to, the following information: actual enrollment data by market and insurer, total new and renewed customers, number of paid customers, actual average premium costs by market and insurer, number of enrollees receiving financial assistance as defined in the Federal Act, as well as the number of inbound calls and the number of walk-ins received. The data on inbound calls shall be segregated by type of call.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-9. - Relation to other laws.

§ 42-157-9. Relation to other laws.
Nothing in this chapter, and no action taken by the exchange pursuant to this chapter. shall be construed to preempt or supersede the authority of the health insurance commissioner to regulate the business of insurance within this state, the director of the department of health to oversee the licensure of healthcare providers, the certification of health plans under chapter 17.13 of title 23 [repealed], or the licensure of utilization review agents wider chapter 17.13 of title 23 [repealed], or the director of the department of human services to oversee the provision of medical assistance under chapter 8 of title 40. In addition to the provisions of this chapter, all insurers offering qualified health plans or qualified dental plans in this state shall comply fully with all applicable health insurance laws and regulations of this state.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-10. - Severability.

§ 42-157-10. Severability.
The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements.
History of Section.
P.L. 2015, ch. 141, art. 18, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-11. - Exemptions from the shared responsibility payment penalty.

§ 42-157-11. Exemptions from the shared responsibility payment penalty.
(a) Establishment of program.
The exchange shall establish a program for determining whether to grant a certification that an individual is entitled to an exemption from the shared responsibility payment penalty set forth in § 44-30-101(c) by reason of religious conscience or hardship.
(b) Eligibility determinations.
The exchange shall make determinations as to whether to grant a certification described in subsection (a) of this section. The exchange shall notify the individual and the tax administrator for the Rhode Island department of revenue of the determination in a time and manner as the exchange, in consultation with the tax administrator, shall prescribe. In notifying the tax administrator, the exchange shall adhere to the data privacy and data security standards adopted in accordance with 45 C.F.R. § 155.260. The exchange shall only be required to notify the tax administrator to the extent that the exchange determines the disclosure is permitted under 45 C.F.R. § 155.260.
(c) Appeals.
Any person aggrieved by the exchange’s determination of eligibility for an exemption under this section has the right to an appeal in accordance with the procedures contained within chapter 35 of this title.
History of Section.
P.L. 2019, ch. 88, art. 11, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-12. - Special enrollment period for qualified individuals assessed a shared responsibility payment penalty.

§ 42-157-12. Special enrollment period for qualified individuals assessed a shared responsibility payment penalty.
(a) Definitions.
The following definition shall apply for purposes of this section:
(1)
“Special enrollment period” means a period during which a qualified individual who is assessed a penalty in accordance with § 44-30-101 may enroll in a qualified health plan through the exchange outside of the annual open enrollment period.
(b)
In the case of a qualified individual who is assessed a shared responsibility payment in accordance with § 44-30-101 and who is not enrolled in a qualified health plan, the exchange must provide a special enrollment period consistent with this section and the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Federal Care and Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.
(c) Effective date.
The exchange must ensure that coverage is effective for a qualified individual who is eligible for a special enrollment period under this section on the first day of the month after the qualified individual completes enrollment in a qualified health plan through the exchange.
(d)
Availability and length of special enrollment period. A qualified individual has sixty (60) days from the date he or she is assessed a penalty in accordance with § 44-30-101 to complete enrollment in a qualified health plan through the exchange. The date of assessment shall be determined in accordance with § 44-30-82.
History of Section.
P.L. 2019, ch. 88, art. 11, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-13. - Outreach to Rhode Island residents and individuals assessed a shared responsibility payment penalty.

§ 42-157-13. Outreach to Rhode Island residents and individuals assessed a shared responsibility payment penalty.
Outreach.
The exchange, in consultation with the office of the health insurance commissioner and the division of taxation, is authorized to engage in coordinated outreach efforts to educate Rhode Island residents about the importance of health insurance coverage; their responsibilities to maintain minimum essential coverage as defined in § 44-30-101; the penalties for failure to maintain coverage; and information on the services available through the exchange.
History of Section.
P.L. 2019, ch. 88, art. 11, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-14. - Regulatory authority.

§ 42-157-14. Regulatory authority.
The exchange may promulgate regulations as necessary to carry out the purposes of this chapter.
History of Section.
P.L. 2019, ch. 88, art. 11, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157 - Rhode Island Health Benefit Exchange › Section 42-157-15. - Special enrollment — Pregnancy.

§ 42-157-15. Special enrollment — Pregnancy.
(a) In general.
The exchange may establish a special enrollment period that allows for the enrollment of a pregnant individual at any time after the commencement of the pregnancy. If established, coverage shall be effective as of the first of the month in which the pregnant individual applies for coverage.
(b) Non-interference with federal and state law.
Nothing in subsection (a) shall be construed to conflict with or preempt any other applicable requirements for enrollment in a qualified health plan under federal and state law. The special enrollment period described in subsection (a) is in addition to any other special enrollment periods that are required under federal and state law.
History of Section.
P.L. 2022, ch. 145, § 4, effective January 1, 2023; P.L. 2022, ch. 146, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157.1 - Rhode Island Market Stability and Reinsurance Act › Section 42-157.1-1. - Short title and purpose.

§ 42-157.1-1. Short title and purpose.
(a)
This chapter shall be known and may be cited as the “Rhode Island Market Stability and Reinsurance Act.”
(b)
The purpose of this chapter is to authorize the director to create the Rhode Island reinsurance program to stabilize health insurance rates and premiums in the individual market and provide greater financial certainty to consumers of health insurance in this state.
(c)
[Deleted by P.L. 2019, ch. 88, art. 11, § 4].
(d)
No general revenue funding shall be used for reinsurance payments.
History of Section.
P.L. 2018, ch. 220, § 1; P.L. 2018, ch. 278, § 1; P.L. 2019, ch. 88, art. 11, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157.1 - Rhode Island Market Stability and Reinsurance Act › Section 42-157.1-2. - Definitions.

§ 42-157.1-2. Definitions.
As used in this chapter:
(1)
“Director” means the director of the Rhode Island health benefits exchange.
(2)
“Exchange” means the Rhode Island health benefits exchange established within the department of administration by § 42-157-1.
(3)
“Health insurance carrier” or “carrier” has the same meaning as it does in § 27-18.5-2.
(4)
“Health insurance coverage” has the same meaning as it does in § 27-18.5-2.
(5)
“Individual market” has the same meaning as it does in § 27-18.5-2.
(6)
“Office of the health insurance commissioner” means the entity established by § 42-14.5-1 within the department of business regulation.
(7)
“Program” means the Rhode Island reinsurance program established by § 42-157.1-3.
(8)
“Program fund” or “fund” means the fund established by § 42-157.1-5.
(9)
“State” means the state of Rhode Island.
History of Section.
P.L. 2018, ch. 220, § 1; P.L. 2018, ch. 278, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-157.1 - Rhode Island Market Stability and Reinsurance Act › Section 42-157.1-3. - Establishment of the Rhode Island reinsurance program.

§ 42-157.1-3. Establishment of the Rhode Island reinsurance program.
(a)
The director is authorized to establish and implement a state-based reinsurance program, to be known as the Rhode Island reinsurance program:
(1)
To provide reinsurance to carriers that offer health insurance coverage on the individual market in the state;
(2)
That meets the requirements of a waiver approved under 42 U.S.C. § 18052; and
(3)
That is consistent with state and federal law.
(b)
The program is intended to mitigate the impact of high-risk individuals on health insurance rates offered in the individual insurance market on and off of the exchange.
(c)
The director is authorized to establish reinsurance payment parameters for calendar year 2020 and each subsequent calendar year that include:
(1)
An attachment point;
(2)
A coinsurance rate; and
(3)
A coinsurance cap.
(d)
Carriers must provide the exchange and the office of the health insurance commissioner with data the director prescribes by rules and regulations as necessary to determine reinsurance payments in a time and manner determined by the director.
(e)
The director may alter the parameters established in accordance with subsections (c) and (d) of this section as necessary to secure federal approval for a waiver submitted in accordance with § 42-157.1-6.
History of Section.
P.L. 2018, ch. 220, § 1; P.L. 2018, ch. 278, § 1.