reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 6 - Licensing Analytical Laboratories for Sampling and Testing Cannabis › Section 216-RICR-60-05-6.24 - Variance Procedure

Current through June 14, 2024
A. RIDOH may grant
				  a variance either upon its own motion or upon request of the applicant from the
				  provisions of any rule or regulation in specific instances where it is found
				  that literal enforcement of such provisions will result in unnecessary hardship
				  to the applicant and such variance will not be contrary to state regulations,
				  the public interest, public health, or health and safety of
				  individuals.
B. A request for
				  variance must be made in writing, setting forth in detail the basis of the
				  request.
C. RIDOH shall act within
				  ninety (90) days of receipt of the completed request for variance. RIDOH must
				  notify the applicant by certified mail of its approval, or in case of a denial,
				  a hearing date, time, and place may be scheduled if the applicant appeals the
				  decision.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 6 - Licensing Analytical Laboratories for Sampling and Testing Cannabis › Section 216-RICR-60-05-6.25 - Violations

Current through June 14, 2024
In addition to revocation or suspension of certificates
					 granted under these Regulations, any person who violates the statutory or
					 regulatory provisions herein will be subject to the sanctions of R.I. Gen. Laws
					 §
										23-16.2-13.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 6 - Licensing Analytical Laboratories for Sampling and Testing Cannabis › Section 216-RICR-60-05-6.26 - Rules Governing Practices and Procedures

Current through June 14, 2024
A. All
				  hearings and reviews required under the provision of these Regulations shall be
				  held in accordance with the rules and regulations for Practices and Procedures
				  Before the Rhode Island Department of Health (Part 10-05-4 of this
				  Title).
B. Enforcement hearings
				  shall be handled in accordance with R.I. Gen Laws §
										23-1-22.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws §
										23-4-2(a) 
					 and are established to provide minimum uniform standards governing the
					 reporting, investigation, and disposition of reportable deaths to assist the
					 Office of State Medical Examiners (OSME), the general public, law enforcement
					 agencies, hospitals, and physicians to maintain an effective medical examiner
					 system.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.2 - Definitions

Current through June 14, 2024
A. Whenever used in these rules and
				  regulations, the following terms shall be construed as follows:
1. "Chief Medical Examiner" means the person
				  responsible for the immediate supervision of the Office of State Medical
				  Examiners.
2. "Assistant Medical
				  Examiners" means a duly licensed doctor of medicine or osteopathy appointed to
				  assist the Office of State Medical Examiners on a part-time basis.
3. "The Medical Examiner" means the Chief
				  Medical Examiner, or his/her duly authorized agent or representative.
4. "Law Enforcement Agencies" means (not
				  limited to) state or municipal organized police forces, and federal, state or
				  municipal officers concerned with law enforcement investigations.
5. "OSME" means the Office of State Medical
				  Examiners.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.3 - Establishment of Office

Current through June 14, 2024
OSME is established in the Department of Health in
					 accordance with R.I. Gen. Laws §
										23-4-2.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.4 - Functions

Current through June 14, 2024
The OSME shall function as prescribed in R.I. Gen. Laws
					 §
										23-4-3.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.5 - Jurisdiction

Current through June 14, 2024
The OSME shall have jurisdiction as prescribed in R.I. Gen.
					 Laws §
										23-4-4.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.6 - Procedures for Autopsies Against a Family's Religious Beliefs

Current through June 14, 2024
Procedures shall follow those prescribed in R.I. Gen. Laws
					 §
										23-4-4.1
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.7 - Staffing

Current through June 14, 2024
OSME staffing qualifications, descriptions, and
					 responsibilities shall follow those prescribed in R.I. Gen. Laws §
										23-4-5.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.8 - State Medical Examiners Commission

Current through June 14, 2024
A State Medical Examiners Commission shall be established
					 and shall follow the organization, procedure, and duties prescribed in R.I.
					 Gen. Laws §
										23-4-6.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.10 - Investigations

Current through June 14, 2024
A. In those instances where a person has met
				  death in any manner or circumstance as stated in §
										1.9   of this Part, the Medical
				  Examiner shall determine the medico-legal authority of the case, and if
				  accepted, shall take charge at the scene, if appropriate, in accordance with
				  R.I. Gen. Laws §
										23-4-8,
				  and shall be the first to examine the dead body.
B. The body shall not be disturbed without
				  authorization of the Medical Examiner except in those cases in which a
				  possibility of life remains, whereupon, the law enforcement officer or
				  appropriate rescue team personnel on the scene shall initiate and facilitate
				  such lifesaving procedures as may be appropriate.
C. The Medical Examiner shall initiate the
				  necessary investigatory procedures, which may include but shall not be limited
				  to:
1. investigating circumstances
				  surrounding the death;
2. viewing
				  the scene of death;
3. reviewing
				  past medical and other history;
4.
				  conducting toxicology and other laboratory tests;
5. examining physical evidence; and
6. performing postmortem
				  examinations or autopsies.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.11 - Removal of Body from Scene

Current through June 14, 2024
A. The Medical
				  Examiner shall authorize the removal of the body of the decedent including
				  pertinent evidence on or about the body, and including instrumentalities which
				  may be pertinent to the cause and manner of death, to the state morgue, or to
				  whatever place is deemed appropriate by the medical examiner.
B. In the event a person dies suddenly in a
				  public place from apparent natural causes or from a highway accident,
				  provisions described in R.I. Gen. Laws §
										23-4-9 shall be followed.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.12 - Autopsies

Current through June 14, 2024
A. The Medical Examiner shall perform
				  autopsies in those cases where, in the judgment of the Medical Examiner, the
				  cause of death cannot be established with a reasonable degree of certainty and
				  in those cases where the actual pathological findings must be documented, and
				  in those instances where indicated in support of the provisions of R.I. Gen
				  Laws Chapter 23-4 or this Part. In such cases autopsies may be performed
				  without requiring permission of next of kin or legal representative.
B. Hospitals may request permission to
				  perform autopsies on reportable death cases only upon completion of the
				  investigation by the Medical Examiner or upon release of jurisdiction of the
				  case by the Medical Examiner.
1. In some
				  circumstances, the Medical Examiner may permit the hospital to perform the
				  autopsy prior to issuance of the death certificate, provided that hospital
				  obtains the proper permission from the next of kin or legal
				  representative.
2. Hospitals
				  performing autopsies must meet the requirements of the rules and regulations
				  for the Licensing of Hospitals (Part 40-10-4 of this Title).
3. Copies of any autopsy reports performed by
				  hospitals on cases referred to or released by the Medical Examiner shall, upon
				  request, be submitted to OSME.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.13 - Effects and Property of Deceased

Current through June 14, 2024
All articles and property of a deceased shall be handled
					 per the provisions of R.I. Gen. Laws §
										23-4-11.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.14 - Disposition of Deceased Bodies

Current through June 14, 2024
A. The disposition
				  of deceased bodies shall follow the provisions of R.I. Gen. Laws §
										23-4-10.
				  The public notices described in this section shall be no less than fourteen
				  (14) days.
B. In addition, any
				  funeral director receiving permission to remove a decedent shall provide a
				  written communication from the next of kin to OSME prior to removal of said
				  decedent.
C. If a person dies
				  suddenly on a public highway or elsewhere in the public view and the death
				  appears to be from natural causes or the result of injuries received from a
				  highway accident, the procedure shall follow those provisions described in R.I.
				  Gen. Laws §
										23-4-9.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.15 - Pronouncement of Death

Current through June 14, 2024
Pronouncement of death shall be made, if appropriate, at
					 the scene of death by the Medical Examiner only in those cases where OSME has
					 assumed authority for investigation in accordance with §
										1.10   of this Part. This
					 pronouncement shall be in accordance with the uniform determination of death
					 described in R.I. Gen. Laws §
										23-4-16.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.16 - Issuance of Death Certificate

Current through June 14, 2024
Following investigations, postmortem examinations, or
					 autopsies, the Medical Examiner shall prepare the death certificate in
					 medicolegal cases and including but not limited to cases referred to in §
										1.15   of this
					 Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.17 - Notification of Death

Current through June 14, 2024
Notification of the death of any individual to the next of
					 kin shall be the responsibility of the law enforcement agency in whose
					 authority the death occurred.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.18 - Transplantation of Organs from Decedent Bodies or Cadavers

Current through June 14, 2024
A. All cases of transplantation of organs
				  from decedent bodies or cadavers shall follow the provisions detailed in the
				  Revised Uniform Anatomical Gift Act, R.I. Gen. Laws Chapter
				  23-18.6.1.
B. OSME shall be
				  notified of all cases in which the transplantation of organs from bodies of
				  persons who have died within the State of Rhode Island is to be carried out. A
				  copy of any "document of gift", in accordance with R.I. Gen. Laws Chapter
				  23-18.6.1, shall be made available for examination by the Medical
				  Examiner.
C. The Medical Examiner
				  reserves the right to approve or disapprove the execution of a donor
				  transplantation procedure in cases which would create conflict with the
				  discharge of responsibilities of OSME. When approval is given, a copy of
				  approval, signed by the next of kin or legal representative shall be forwarded
				  to the Medical Examiner. In homicide, suspected homicide cases, or those where
				  a criminal act may have occurred, transplant of (donor) organs shall be
				  prohibited unless specifically authorized by the Medical Examiner and the
				  Attorney General.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.19 - Cremation

Current through June 14, 2024
A. No body shall be cremated in, or removed
				  from the state for purposes of cremation without a cremation certificate
				  obtained from OSME in accordance with R.I. Gen. Laws §
										23-3-18(e).
B. Whenever the death of a person whose body
				  is to be cremated has occurred outside the state of Rhode Island, a cremation
				  certificate shall be obtained from OSME, following investigation of the case
				  from the state or county in which the death occurred. The physician, hospital,
				  and any other or involved party shall, upon request of the Medical Examiner,
				  supply appropriate information regarding the deceased. The funeral director
				  shall provide, where feasible, a certified copy of the certificate of death to
				  the OSME for their interpretation and records.
C. In those cases which appear suspicious or
				  at variance from the available information, the Medical Examiner may request
				  additional examinations including postmortem investigation and
				  autopsy.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.20 - Records and Reports

Current through June 14, 2024
A. Information and
				  reports obtained from law enforcement agencies, local or state institutions,
				  agencies such as hospitals, and employers in relation to deaths reported in
				  accordance with §
										1.9   of this Part, which are
				  deemed by federal or state law to be confidential, shall be kept confidential
				  by the OSME and be released only to person(s) who can demonstrate a legal right
				  to said information and/or records and then only pursuant to a valid
				  subpoena.
B. Autopsies and other
				  reports and findings of OSME (except homicides and other criminal cases
				  remaining under investigation and awaiting adjudication) shall be available to:
1. the next of kin or authorized legal
				  representative responsible for the disposition of the body,
2. insurance carriers subject to the written
				  consent of the next of kin or authorized legal representatives, and
3. physicians who were responsible for the
				  care of the decedent.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.21 - Fees for Reports and Services

Current through June 14, 2024
OSME shall collect fees for reports and services performed
					 by OSME in accordance with the fee schedule set forth in the rules and
					 regulations pertaining to the Fee Structure for Licensing, Laboratory and
					 Administrative Services Provided by the Department of Health (Part 10-05-2 of
					 this Title). Agencies of state government, cities and towns shall be exempt
					 from payment of fees.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.22 - Violations and Penalties

Current through June 14, 2024
Violations and penalties shall be as set forth in R.I. Gen.
					 Laws §
										23-4-7.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 10 - Medical Examiner › Part 1 - Medical Examiner System (216-RICR-60-10-1) › Section 216-RICR-60-10-1.23 - Exception

Current through June 14, 2024
Modification of any individual standard of this Part, for
					 experimental or demonstration purposes, or as deemed appropriate by the State
					 Medical Examiners Commission, if such modification will not be contrary to the
					 public interest and the public health, shall require advance written approval
					 by the State Medical Examiners Commission.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.1 - Scope and Purpose of the Agency

Current through June 14, 2024
The Rhode Island Department of Human Services (DHS),
					 through federal/state programs established by the Social Security Act of 1935
					 (42 U.S.C. Chapter 7), as amended, the Vocational Rehabilitation Act of 1973 (29 U.S.C. §
											701), as amended, and through state programs
					 established by R.I. Gen. Laws Chapter 40-6, as amended, is the department
					 authorized by law and designation to administer programs to Rhode Island
					 residents who are in need and who meet the eligibility requirements of various
					 financial, medical, social, and rehabilitation services.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.5 - Residency Requirements

Current through June 14, 2024
The financial and Social Services Programs of the
					 Department of Human Services (DHS) exist primarily to meet the needs of
					 residents of the state. Therefore, as a factor of eligibility, an individual
					 who is applying or reapplying for benefits or services from Rhode Island must
					 be a resident of the state. Any person living in the state voluntarily with the
					 intent of making the state his/her home, for whatever reason, is a resident of
					 the state.
1.5.1
Verification of
				  Residency
A. At the time of initial
				  application, self-attestation of Rhode Island residency is accepted and/or
				  verified electronically and the intent to remain is accepted unless required
				  for the evaluation of resources or income that has been earned by the applicant
				  in another state. In addition, electronic data matches verified through
				  information exchanges are conducted on a regular basis in conjunction with the
				  post-eligibility verification process.
B. Current acceptable forms of residency
				  document verifications are, but not limited to, the following:
1. Rent receipt;
2. Lease agreement;
3. Utility bills;
4. Medical bills;
5. Bank statements;
6. Payroll statement;
7. Mortgage statement;
8. Car registration;
9. City or town tax statement;
				  and/or
10. School
				  records.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.6 - Fraud Unit Referrals

Current through June 14, 2024
A. When a complaint
				  of possible fraud is received which concerns a recipient of the Rhode Island
				  Works Program (RIW) cash assistance, General Public Assistance (GPA), Child
				  Care Assistance Program (CCAP), Supplemental Nutrition Assistance Program
				  (SNAP), Medicaid Assistance (MA), or an allegation of fraud by a provider, the
				  agency representative obtains all information regarding the
				  complaint.
B. An agency
				  representative who notes a recipient or household exhibits an indication of
				  questionable eligibility shall refer the case to the fraud detection unit.
1.6.1
Responsibilities of
				  the Fraud Detection and Prevention Unit
A. Under the direction of the Office of
				  Internal Audits, the fraud unit shall analyze data to determine the risk of
				  fraud.
B. If a referral is
				  regarding an allegation of medical provider fraud, the fraud unit shall refer
				  such claim to the Program Integrity Division within the Office of Health and
				  Human Services or the Office of the Attorney General.
C. If a claim warrants further investigation,
				  the case shall be reviewed in accordance with the investigative procedures
				  established by the Office of Internal Audits.
D. Upon completion of the investigation, the
				  fraud unit shall determine whether an overpayment has occurred. If an
				  overpayment is determined, such claim shall be classified as fraud, agency
				  error or household error.
E. If
				  such claim is determined to be fraud, the fraud unit shall pursue
				  administrative penalties set forth by the federal and state regulations. At its
				  discretion the fraud unit may refer any case that is determined to be of a
				  criminal nature to the Rhode Island State Police or the Office of the Attorney
				  General.
F. A recipient has the
				  right to an administrative disqualification hearing. If such recipient waives
				  the hearing and chooses to sign the waiver agreement, the waiver shall be
				  returned to the fraud unit within ten (10) days.
G. All overpayments shall be referred to the
				  DHS's Collection, Claims and Recoveries Unit (CCRU) for collections.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.7 - Complaints and Appeals Process

Current through June 14, 2024
A. Expressions of
				  dissatisfaction may arise in the administration of DHS programs. The agency
				  provides a method for receiving:
1.
				  Complaints from certain applicants/recipients or their designated
				  representatives questioning the application of policy with respect to such
				  applicants/recipients;
2. Appeals
				  by an applicant/recipient or his/her designated representatives concerning:
a. A decision or delay in a decision rendered
				  by an agency representative;
b. How
				  agency services have been delivered; and/or,
c. Some aspect of the financial, medical,
				  social services, or food assistance programs.
3. Requests for a hearing by an individual
				  claimant or a group, relating to more general issues of agency policy and/or
				  the adequacy of agency standards.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.9 - Access to Interpreter Services

Current through June 14, 2024
A. Persons with
				  Limited English Proficiency
1. Inability to
				  speak English may impede communication and create a barrier to prompt
				  determination of eligibility and the provision of agency services. The
				  Department of Human Services displays interpretation policies in all its
				  offices in English, Spanish, Portuguese, Cambodian, Laotian, and
				  Russian.
2. If an individual is
				  applying for or receiving benefits and is not fluent in English, the individual
				  does not have to bring their own interpreter to a Department of Human Services
				  office. DHS shall schedule interpreters or bilingual staff when necessary to
				  communicate with the individual, unless, after being informed of his/her right
				  to interpreter services, the individual expresses a clear preference to bring
				  his/her own interpreter. DHS shall schedule an interpreter or bilingual staff
				  member to help the individual read English language notices, letters, or other
				  written information from DHS.
3. If
				  the individual is having difficulties obtaining interpreter or bilingual staff
				  services at a DHS office, the individual may contact the Limited English
				  Proficiency (LEP) Coordinator at the R.I. Department of Human Services, 206
				  Elmwood Avenue, Providence, RI 02907, (401) 415-8216.
4. Whenever it is determined by the state
				  agency representative that an individual cannot make his/her needs known in
				  English, the individual shall be afforded the assistance of an interpreter who
				  can fluently and accurately communicate in the needed language.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.10 - Voter Registration

Current through June 14, 2024
A. The National
				  Voter Registration Act of 1993 requires that applications to register to vote
				  be provided at state agencies that determine public assistance benefits,
				  including, but not limited to, the Rhode Island Works Program (RIW), Medicaid
				  (MA), and the Supplemental Nutrition Assistance Program (SNAP) as well as state
				  agencies providing services to persons with disabilities. These agencies must:
1. Distribute voter registration forms or the
				  Voter Information Sheet with each application, recertification or renewal of
				  benefits, or change of address form,
2. Aid assistance in completing forms;
				  and
3. Ensure that the completed
				  forms reach the proper state election office for processing.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.11 - Severability

Current through June 14, 2024
If any provision in any section of this rule of the
					 application thereof to any person or circumstances is held invalid, its
					 invalidity does not affect other provisions or applications of the rule which
					 can be given effect without the invalid provision or application, and to this
					 end the provisions of this rule are declared to be severable.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.1 - General Information

Current through June 14, 2024
1.1.1
Authority
A. All regulations and
				  procedures for the certification of Supplemental Nutrition Assistance Program
				  (SNAP) households and subsequent issuance of SNAP benefits to eligible
				  households are authorized by the Food and Nutrition Act of 2008 (as amended
				  through Pub. Law
				  116-94).
1.
				  Regulations issued pursuant to the act are contained in 7 C.F.R. Parts 271
				  through 282.
2. Program operations
				  are conducted in Rhode Island under the terms of R.I. Gen. Laws Chapter
				  40-6.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.2 - Household Definitions

Current through June 14, 2024
1.2.1
General
				  Household Definition
A. A household is
				  composed of any of the following individuals or groups of individuals, provided
				  they are not residents of an institution (except as otherwise specified in
				  §1.2.8
				  of this Part), are not residents of a commercial boarding house, or are not
				  boarders (except as otherwise specified in §1.2.6 of this Part):
1. An individual living alone;
2. An individual living with others, but
				  customarily purchasing food and preparing meals for home consumption separate
				  and apart from others; or
3. A
				  group of individuals who live together and customarily purchase food and
				  prepare meals together for home consumption.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.3 - Application Process

Current through June 14, 2024
1.3.1
Introduction
A. The application
				  process begins with a request for an application form and is not completed
				  until notification of the household's eligibility is sent. The date of
				  application is considered to be the date a signed application is received by
				  the agency, or in the case of telephonic applications, the date on which the
				  household member provides verbal assent.
B. The application process includes, but is
				  not limited to, the following activities:
1.
				  Ensuring applications are available;
2. Assisting a household in the completion of
				  its application;
3. Interviewing a
				  member of the household or an authorized representative;
4. Performing necessary collateral contacts
				  and verifications; and
5. Entering
				  and maintaining a computer file through which SNAP benefits are
				  issued.
C. The
				  application process is completed promptly. A household must be given
				  notification of eligibility or ineligibility no later than thirty (30) days
				  after an application is filed.
1. Expedited
				  service is available to households in immediate need (See § 1.3.9 of this
				  Part).
2. Benefits are pro-rated
				  and provided retroactively to the date of application for households who have
				  completed the application process and have been determined
				  eligible.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.4 - Non-Financial Requirements

Current through June 14, 2024
1.4.1
Residency
A. A household must be
				  living in the project area where it files an application for participation.
1. No individual may participate as a member
				  of more than one (1) household or in more than one (1) project area in any
				  month unless an individual is a resident of a shelter for battered persons and
				  children as defined in §1.4.8 of this Part and was
				  a member of a household containing the person who had abused her or him.
a. Residents of shelters for battered persons
				  and children are handled in accordance with §1.4.8 of this
				  Part.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.5 - Financial Requirements

Current through June 14, 2024
1.5.1
Categorical Eligibility
A. The
				  following households are considered categorically eligible for SNAP benefits:
1. A household in which all members receive
				  or are authorized to receive RIW cash assistance.
2. A household in which all members receive
				  or are authorized to receive SSI.
3. A resident of a public institution who
				  applies jointly for SSI and SNAP benefits prior to their release from the
				  institution is not categorically eligible for SNAP benefits upon a finding by
				  SSA of potential SSI eligibility prior to release.
a. This individual is considered
				  categorically eligible at such time as a final SSI eligibility determination
				  has been made and the individual has been released from the
				  institution.
4. A
				  household whose RIW or SSI benefits are suspended or being recouped.
5. A household entitled to RIW benefits but
				  is not paid such benefits because the grant is less than ten dollars
				  ($10.00).
6. A household in which
				  all members receive or are authorized to receive General Public Assistance
				  (GPA) benefits.
7. A household
				  (including related children) authorized to receive a TANF-funded service.
a. A TANF-funded service includes receipt of
				  the Rhode Island Department of Human Services TANF Information
				  Publication.
b. These households
				  must meet the Gross Monthly Income Standards (Table IV or Table V in §
													1.15   of this Part) in order
				  to be eligible for a TANF-funded service, and will receive a benefit as long as
				  the normal benefit calculation (the Thrifty Food Plan amount for the
				  household's size reduced by thirty percent (30%) of the household's net income
				  in Table II in §
													1.15   of this Part) results
				  in a positive benefit amount.
(1) Households
				  with three (3) or more members which would not receive a benefit will be
				  denied.
(2) Categorically eligible
				  households of one (1) and two (2) will receive at least the minimum monthly
				  benefit of twenty-three dollars ($23.00) after the calculation is
				  completed.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.6 - Verification

Current through June 14, 2024
1.6.1
Verification Introduction
A. Verification is the use of third (3rd)
				  party information or documentation to establish the accuracy of statements on
				  the application. This Section sets forth the general requirements for
				  verification of financial and non-financial eligibility factors.
1. The agency representative must examine
				  both financial and non-financial information provided by applicant households
				  as part of the eligibility process.
a.
				  Financial information includes statements presented by the household on its
				  resources, monthly income, and deductible expenses.
b. Non-financial information includes
				  residency in the project area, the composition of the household, its
				  citizenship or alien status, the need for certain members to register for work,
				  and verification of Social Security Number(s) (SSN).
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.7 - Recertification

Current through June 14, 2024
A. The agency must complete the
				  recertification process if the household meets all requirements and finishes
				  the necessary processing steps, and approve or deny timely applications for
				  recertification prior to the end of the household's current certification
				  period. Any eligible household must be provided an opportunity to participate
				  by its normal issuance cycle in the month following the end of its current
				  certification period.
1. The household loses
				  its right to uninterrupted benefits for failure either to attend any interview
				  scheduled on or after the deadline for timely filing of the application for
				  recertification, or to submit all necessary verification within the timeframe
				  established by the agency as long as the timeframe elapses after the deadline
				  for filing a timely application for recertification.
a. Although a household loses its right to
				  uninterrupted benefits for such failures, the household must not be denied at
				  that time, unless it refused to cooperate, or the certification period has
				  lapsed.
b. If the household loses
				  its right to uninterrupted benefits due to such failures but is otherwise
				  eligible after correcting such failures, the agency must, at a minimum, provide
				  benefits within thirty (30) days after the date the application was filed.
(1) The agency may, at its option, either
				  provide benefits by the household's next normal issuance date or provide
				  uninterrupted benefits to a household determined eligible despite such
				  failures.
(2) If the household
				  submits an application for recertification prior to the end of its current
				  certification period and is found eligible for the first (1st) month following
				  the end of the certification period, then that month is not an initial
				  month.
c. Denials,
				  including those for failure to complete the interview or provide missing
				  verification, must be completed either by the end of the current certification
				  period or within thirty (30) days after the date the application was filed as
				  long as the household has had adequate time for providing the missing
				  verification.
d. The agency must
				  not continue benefits to the household beyond the end of the certification
				  period unless the household has been recertified.
e. The joint processing requirements in
				  §1.5.1
				  of this Part, for RIW and GPA households continue to apply to applications for
				  recertification.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.8 - Certification Periods

Current through June 14, 2024
A. Definite periods
				  of time are established which households are eligible to receive benefits. At
				  the expiration of each certification period, eligibility for food assistance is
				  redetermined based upon a newly completed application or recertification packet
				  an in-person or phone interview and such verification as is required. Under no
				  circumstances are benefits continued beyond the end of a certification period
				  without a redetermination of eligibility.
1.
				  Households consisting entirely of elderly or disabled members with no earned
				  income (ESAP households), are considered change reporters as defined in §1.13.1 of this Part, and
				  are assigned a thirty-six (36) month certification period.
a. An ESAP household determined ineligible
				  for continuing participation in the ESAP during their certification period but
				  remaining eligible for SNAP, shall not have their certification period
				  shortened (See §1.23.8 of this
				  Part).
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.9 - Intentional Program Violations

Current through June 14, 2024
A. The Office of
				  Internal Audit is responsible for investigating any case of alleged intentional
				  program violation and ensuring that appropriate cases are acted upon, either
				  through Administrative Disqualification Hearings or referral to a court of
				  appropriate jurisdiction, in accordance with the procedures outlined in this
				  Section.
1. Administrative disqualification
				  procedures or referral for prosecution action must be initiated whenever there
				  is sufficient documentary evidence to substantiate that an individual has
				  intentionally committed one (1) or more acts of intentional program violation
				  as defined in §
											1.9(A)(3)   of
				  this Part.
a. If the Office of Internal Audit
				  does not initiate administrative disqualification procedures or refer for
				  prosecution a case involving an over-issuance caused by a suspected act of
				  intentional program violation, an Inadvertent Household Error (IHE) claim is
				  established against the household in accordance with the procedures in §
												1.17   of this Part.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.10 - Mini-Simplified SNAP

Current through June 14, 2024
A. The Department
				  of Human Services utilizes a State option that allows for the implementation of
				  a Mini-Simplified SNAP Program. A Mini-simplified SNAP Program allows the
				  agency to add the SNAP allotment to the RI Works (RIW) grant to calculate the
				  maximum number of hours a RIW parent can participate in the unpaid work
				  experience or community service.
1. The
				  Mini-Simplified SNAP will thereby allow the agency to count the value of SNAP
				  benefits and then deem any hours that fall short of the parents required hours
				  in order to meet the RIW work requirement.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.11 - Work Requirements

Current through June 14, 2024
A. The Food and
				  Nutrition Act of 2008 (as amended through
				  Pub. Law
				  116-94), requires certain unemployed adults who
				  are members of eligible households to register for work, and to comply with all
				  the employment and training requirements.
1.
				  In Rhode Island, for Federal Fiscal Year (FFY) 2011 forward, until policy is
				  amended otherwise, participation in an employment and training program is
				  voluntary.
2. At the time of
				  application, and once every twelve (12) months after initial registration, each
				  household member who is not exempt and subject to the work requirement, must
				  register for employment and be advised of their employment and training
				  opportunities as a condition of eligibility.
a. The registration form need not be
				  completed by the member required to register; it can be completed by a
				  responsible household member or an authorized representative.
b. Household members are considered
				  registered for work when the completed registration form is received or
				  recorded by the DHS.
3.
				  Strikers whose households are eligible under the criteria in §1.2.10 of this Part are
				  subject to the work registration requirements unless exempt under §1.11.1 of this Part at the
				  time of application.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.12 - Quality Control Sanctions

Current through June 14, 2024
A. A household must
				  be determined ineligible if it refuses to cooperate in any subsequent review of
				  its eligibility as a part of a quality control (QC) review.
1. If a household is terminated for refusal
				  to cooperate with a QC reviewer (in accordance with the QC procedures for
				  notification to the household of the penalties for refusal to cooperate), the
				  household may reapply but must not be determined eligible until it cooperates
				  with the QC reviewers.
2. If the
				  household, terminated for refusal to cooperate with a DHS QC reviewer,
				  reapplies after one hundred twenty-five (125) days from the end of the annual
				  review period (which is the calendar year from October 1 to September 30), the
				  household shall not be determined ineligible for its refusal to cooperate with
				  a QC reviewer during the completed review period, but must provide all required
				  verification prior to certification.
3. If a household, terminated for refusal to
				  cooperate with a Federal QC reviewer, reapplies after nine (9) months from the
				  end of the annual review period, the household shall not be determined
				  ineligible for its refusal to cooperate with a Federal QC reviewer during the
				  completed review period, but must provide all necessary verification prior to
				  certification.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.13 - Ongoing Case Management

Current through June 14, 2024
1.13.1
Changes
A. For reporting changes
				  during a SNAP household's certification period, there are two (2)
				  classifications:
1. Change Reporters: A
				  household that is designated as a "change reporter" must report any change in
				  circumstances, income, resources, and expenses which occur during their
				  certification period within ten (10) days of the date the change becomes known
				  to the household.
a. The following types of
				  households are change reporters:
(1)
				  Households with no earned income and in which all members are elderly or
				  disabled (ESAP); or
(2) Households
				  which include migrant and seasonal farmworkers.