reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.3 - School climate

Current through June 14, 2024
A. Bullying,
				  cyber-bullying, and retaliation against any person associated with a report of
				  bullying or the investigation thereof is prohibited in all schools that are
				  approved for the purpose of the compulsory attendance statute. R.I. Gen. Laws
				  §§
										16-19-1 and
				   16-19-2.
B. School staff shall take all reasonable
				  measures to prevent bullying at school. Such measures may include professional
				  development and prevention activities, parental workshops, and student
				  assemblies among other strategies.
C. School faculty, administration and staff,
				  at all times, will model courteous behavior to each other, to students, and to
				  school visitors. Abusive or humiliating language or demeanor will not be
				  accepted.
D. Students and their
				  families are expected to exhibit courteous behavior to all members of the
				  learning community in school and at school sponsored events.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.4 - Policy oversight and responsibility

Current through June 14, 2024
A. The school
				  principal, director, or head of school shall be responsible for the
				  implementation and oversight of this bullying policy.
B. The school principal, director, or head of
				  school shall provide the superintendent, school committee and/or school
				  governing board with a summary report of incidents, responses, and any other
				  bullying-related issues at least twice annually.
C. For public schools, the prevention of
				  bullying shall be part of the school district strategic plan and school safety
				  plan. R.I. Gen. Laws §§
										16-7.1-2(e);
				   16-21-24.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.5 - Information dissemination

Current through June 14, 2024
A. The school
				  principal, director or head of school shall ensure that students, staff,
				  volunteers, and parents/legal guardians are provided information regarding this
				  Policy. This information shall include methods of discouraging and preventing
				  this type of behavior, the procedure to file a complaint, and the disciplinary
				  action that may be taken against those who commit acts in violation of this
				  policy.
B. This Policy shall be:
1. Distributed annually to students, staff,
				  volunteers, and parents/legal guardians;
2. Included in student codes of conduct,
				  disciplinary policies, and student handbooks;
3. A prominently posted link on the home page
				  of the school /district website.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.6 - Reporting

Current through June 14, 2024
A. The school principal, director or head of
				  school shall establish, and prominently publicize to students, staff,
				  volunteers, and parents/guardians, how a report of bullying may be filed and
				  how this report will be acted upon. (See §
										2.13   of this Part for sample
				  Report Form).
B. The victim of
				  bullying, anyone who witnesses an incidence of bullying, and anyone who has
				  credible information that an act of bullying has taken place may file a report
				  of bullying.
C. Any student or
				  staff member who believes he/she is being bullied should immediately report
				  such circumstances to an appropriate staff member, teacher or
				  administrator.
D. Parents or
				  guardians of the victim of bullying and parents or guardians of the alleged
				  perpetrator of the bullying shall be notified within twenty-four hours of the
				  incident report. When there is a reasonable suspicion that a child is either a
				  bully or a victim of bullying, the parents/ guardians of the child will be
				  notified immediately by the principal, director or head of school.
E. Responsibility of Staff:
1. School staff, including volunteers, who
				  observe an act of bullying or who have reasonable grounds to believe that
				  bullying is taking place must report the bullying to school
				  authorities.
2. Failure to do so
				  may result in disciplinary action.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.7 - Investigation

Current through June 14, 2024
A. The school principal, director or head of
				  school shall promptly investigate all allegations of bullying, harassment, or
				  intimidation. If the allegation is found to be credible, appropriate
				  disciplinary actions, subject to applicable due process requirements, will be
				  imposed. The School Resource Officer or other qualified staff may be utilized
				  to mediate bullying situations.
B.
				  The investigation will include an assessment by the school psychologist and/or
				  social worker of what effect the bullying, harassment or intimidation has had
				  on the victim. A student who engages in continuous and/or serious acts of
				  bullying will also be referred to the school psychologist and/or social
				  worker.
C. Police Notification:
1. Immediate notification of the local law
				  enforcement agency will be made when circumstances warrant the pursuit of
				  criminal charges against the perpetrator.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.8 - Disciplinary action

Current through June 14, 2024
A. The disciplinary
				  actions for violations of the bullying policy shall be determined by the
				  school/district appropriate authority. Disciplinary actions for violations of
				  the bullying policy shall balance the need for accountability with the need to
				  teach appropriate behavior. The severity of the disciplinary action shall be
				  aligned to the severity of the bullying behavior.
B. The range of disciplinary actions that may
				  be taken against a perpetrator for bullying, cyberbullying or retaliation shall
				  include, but not be limited to:
1. Admonitions
				  and warnings;
2. Parental/ Guardian
				  notification and meetings;
3.
				  Detention;
4. In-school
				  suspension;
5. Loss of
				  school-provided transportation or loss of student parking pass;
6. Loss of the opportunity to participate in
				  extracurricular activities;
7. Loss
				  of the opportunity to participate in school social activities;
8. Loss of the opportunity to participate in
				  graduation exercises or middle school promotional activities;
9. Police contact; or,
10. School suspension, though no student
				  shall be suspended from school unless it is deemed to be a necessary
				  consequence of the violation of this Policy.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.9 - Social services or counseling

Current through June 14, 2024
Referral to appropriate counseling and/or social services
					 currently being offered by schools or communities shall be provided for
					 bullying victims, perpetrators and appropriate family members of said
					 students.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.10 - Social networking

Current through June 14, 2024
Students shall be prohibited from accessing social
					 networking sites in school, except for educational or instructional purposes
					 and with the prior approval from school administration.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.11 - Other redress

Current through June 14, 2024
This section does not prevent a victim of bullying,
					 cyber-bullying or retaliation from seeking redress under any other available
					 law, either civil or criminal. This section does not create or alter any tort
					 liability.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.12 - Adoption of policy

Current through June 14, 2024
The governing bodies of all schools approved for the
					 purpose of R.I. Gen. Laws §§
										16-19-1 and
					  16-19-2 shall adopt this Policy by June 30, 2012.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.13 - Report Form (Sample)

Current through June 14, 2024
REPORT FORM (SAMPLE)
(Bullying and/or Cyberbullying)
Name: ______________________________Student ID:
								  _______________________
Grade: ______
Date: ______________ Time: _________
School:
								  ___________________________________________
Please answer the following questions about this
								  reporting incident:
List the name of the alleged bully, and/or
								  cyberbully. If name is not known, provide any other identifiable information:
Relationship between you and the alleged bully,
								  and/or cyberbully:
Describe the incident:
When and where did it happen?
Were there any witnesses? [] yes [] no If yes,
								  who?
Other information, including previous incidents
								  or threats:
Student or parent declines to complete this form:
Initial: _________________ Date:
								  ____________
I certify that all statements made in the
								  complaint are true and complete. Any intentional false statement of fact will
								  subject me to appropriate discipline. I authorize school officials to disclose
								  the information I provide only as necessary in pursuing the
								  investigation.
Signatures:
Student:
								  ___________________________________________ Date: ____________
School official receiving complaint:
								  ______________________ Date: ____________
School official conducting follow-up:
								  _____________________ Date: ____________
This document shall remain confidential
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.1 - Purpose

Current through June 14, 2024
This regulation states the requirements for submitting a
					 request for a declaratory order under R.I. Gen. Laws §
										42-35-8(b),
					 and the procedure for its consideration and prompt
					 disposition.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				  this regulation:
1. "Declaratory order" means
				  an order issued by the Department that:
a.
				  Interprets or applies a statute administered by the Department;
b. Clarifies whether a rule, guidance
				  document, or order issued by the Department applies to a Petitioner;
				  or
c. Clarifies how a rule,
				  guidance document, or order issued by the Department applies to a
				  Petitioner.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.4 - Request for Declaratory Order: Form and Submission

Current through June 14, 2024
A. A request for Declaratory Order must be in
				  writing and include the following information:
1. The name and address of the
				  Petitioner;
2. A plain statement
				  identifying the statute, rule, guidance document or order at issue;
3. A detailed statement of all facts relied
				  upon by the Petitioner;
4. A copy
				  of any and all documents relied upon by Petitioner that are not otherwise
				  accessible to the Department; and
5. A plain statement requesting a Declaratory
				  Order, and further indicating whether Petitioner seeks:
a. An interpretation or application of a
				  statute administered by the Department;
b. Clarification as to whether a rule,
				  guidance document, or order issued by the Department applies to Petitioner;
				  and/or
c. Clarification as to how a
				  rule, guidance document, or order issued by the Department applies to
				  Petitioner.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.5 - Consideration and Disposition of Request for Declaratory Order

Current through June 14, 2024
A. The Department shall promptly consider and
				  respond to the request for the Promulgation of a Rule as provided in R.I. Gen.
				  Laws §
										42-35-8(c).
1. Should the Department schedule the matter
				  for further consideration, the Department shall notify Petitioner in writing of
				  the anticipated date on which the Department will grant or deny the request for
				  Declaratory Order.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 2 - Declaratory Order Petitions › Section 200-RICR-30-15-2.6 - Appeal from Department's Final Disposition of Request

Current through June 14, 2024
A Petitioner may appeal the Department's failure to act
					 within the applicable time under R.I. Gen. Laws §
										42-35-8(c) 
					 or its final disposition of a request for a Declaratory Order under R.I. Gen.
					 Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws §
										16-11-4.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to set forth procedures for
					 annulment of certificates.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.3 - Scope of Rules

Current through June 14, 2024
This Part shall apply in cases concerning the annulment of
					 certificates issued by the Rhode Island Department of Elementary and Secondary
					 Education (RIDE) under R.I. Gen. Laws Title 16 and the Regulations Governing
					 the Certification of Educators in Rhode Island (Part 20-20-1 of this
					 Title).
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.4 - Grounds for Annulment of Certificates

Current through June 14, 2024
Certificates shall only be annulled upon the showing of
					 good cause pursuant to R.I. Gen. Laws §
										16-11-4(a).
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.5 - Certificate Annulment Cases - Notice - Hearing - Records

Current through June 14, 2024
In any certificate annulment case, all parties shall be
					 afforded an opportunity for hearing after reasonable notice. All hearings shall
					 be conducted in accordance with R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.6 - Subpoenas

Current through June 14, 2024
Subpoenas may be issued under R.I. Gen. Laws §
										16-39-8.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.7 - Hearing Officers

Current through June 14, 2024
Hearings shall be conducted by the Commissioner of RIDE, or
					 his or her designee.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.8 - Combined Hearings

Current through June 14, 2024
If it shall appear that in any appeal from a decision of a
					 school committee to suspend or dismiss from employment a person possessing a
					 certificate, cause may also exist for annulling said certificate, the
					 Commissioner may, upon proper notice, order the consolidation of the appeal
					 with a hearing on the annulment of said certificate.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.9 - Disposition of Matters Not Appealed to Commissioner

Current through June 14, 2024
A copy of all decisions of school committees dismissing or
					 suspending teachers, administrators or superintendents for reasons which may
					 present good cause for annulling a certificate shall be forwarded to the
					 Commissioner RIDE for his or her decision on whether a hearing on the annulment
					 of said certificate shall be ordered.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.10 - Annulment Based Upon the Action of Another State

Current through June 14, 2024
Rhode Island certificate may be annulled on the basis of a
					 decision by any other state to revoke or annul a certificate. Another state's
					 decision to revoke a certificate shall be conclusive on all issues of fact. The
					 Rhode Island certificate holder shall be afforded an opportunity to explain or
					 mitigate the annulment or revocation of certificate issued to him or her in
					 another state.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 3 - Rules Governing the Annulment of Certificates › Section 200-RICR-30-15-3.11 - Hearing on Refusal to Issue a Certificate

Current through June 14, 2024
This Part will be used in any hearing wherein a party
					 alleges that he or she has been refused a certificate and that he has a legal
					 right to such a certificate. In such cases the burden of proof shall rest on
					 the applicant to show his or her entitlement to the certificate
					 sought.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 4 - Procedural Rules for Appeals to and Hearings Before the Commissioner and Procedural Rules for Appeals from Decisions of the Commissioner › Section 200-RICR-30-15-4.1 - Authority

Current through June 14, 2024
This part is promulgated pursuant to R.I. Gen. Laws
					 §§
										16-39-6,
					  16-60-6(a)(vii),
					  16-60-6(a)(viii),
					 and
					  16-60-4(a)(viii).
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 4 - Procedural Rules for Appeals to and Hearings Before the Commissioner and Procedural Rules for Appeals from Decisions of the Commissioner › Section 200-RICR-30-15-4.2 - Purpose

Current through June 14, 2024
A. The purpose of this part is to set forth
				  uniform standards for the adjudication of appeals to the Commissioner of
				  Education, and
B. Set forth uniform
				  standards for the adjudication of appeals from decisions of the Commissioner of
				  Education.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 4 - Procedural Rules for Appeals to and Hearings Before the Commissioner and Procedural Rules for Appeals from Decisions of the Commissioner › Section 200-RICR-30-15-4.3 - Procedural Rules for Appeals to and Hearings Before the Commissioner

Current through June 14, 2024
A. How to file an appeal
1. Appeals must be sent to the Commissioner
				  of Education by mail or by fax or e-mail. The person filing the appeal must
				  provide the following information:
a. Name,
				  telephone number, and address of the person filing the appeal;
b. A brief statement of the facts describing
				  the nature of the appeal;
c. A
				  statement of the relief being requested.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 15 - PROCEDURES › Part 4 - Procedural Rules for Appeals to and Hearings Before the Commissioner and Procedural Rules for Appeals from Decisions of the Commissioner › Section 200-RICR-30-15-4.4 - Procedural Rules for Appeals from Decisions of the Commissioner

Current through June 14, 2024
A. Who may appeal
1. Any party aggrieved by a final decision of
				  the Commissioner of Education pursuant to R.I. Gen Laws §§
											16-60-6(9)(vii)
				  and (viii)  may appeal to the Council on
				  Elementary and Secondary Education (the "Council"), which shall decide and
				  determine said appeal. Additionally, said Council may in its discretion decide
				  and determine such other matters as it shall deem appropriate; provided,
				  however, that appeals from decisions of the Commissioner under R.I. Gen. Laws
				  §§
											16-5-30,
				   16-21.1-5,
				  and/or
				  16-64-6
				  shall be made directly to Superior Court.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.1 - Statutory Authority of the State Agency

Current through June 14, 2024
A. R.I. Gen.
				  Laws §
										42-7.2-2 created the Rhode Island Executive Office of Health and
				  Human Services (EOHHS) in 2006. EOHHS serves "as the principal agency of the
				  executive branch of state government for managing the departments of children,
				  youth and families, health, human services, and behavioral healthcare,
				  developmental disabilities and hospitals."
B. EOHHS is responsible for administering the
				  State's Medicaid program, which provides health care services and supports to a
				  significant number of Rhode Islanders on an annual basis.
C. The statutory foundations of the Rhode
				  Island Medicaid program are Title XIX of the Social Security Act (42 U.S.C. §
											1396a
et seq
.), and R.I. Gen. Laws Chapters 40-8 and
				  42-7.2. Statutory authority for health care coverage funded in whole or in part
				  by the federal Children's Health Insurance Program (CHIP) is derived from  42 U.S.C. §
											1397aa
et seq
., of the U.S. Social Security Act,
				  which establishes that program and provides the legal basis for providing
				  health coverage, services and supports to certain targeted low-income children
				  and pregnant women through Medicaid.
D. EOHHS is designated as the "single state
				  agency", authorized under Title XIX and, as such, is legally responsible for
				  the fiscal management and administration of the Medicaid program. As health
				  care coverage funded by CHIP is administered through the State's Medicaid
				  program, EOHHS also serves as the CHIP State Agency under federal and State
				  laws and regulations.
E. The
				  Medicaid and CHIP State Plans and the Rhode Island's Medicaid Section  1115    demonstration waiver provide the necessary authorities for the health care
				  administered through the Medicaid program and establish the respective roles
				  and responsibilities of beneficiaries, providers, and the State.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.2 - Definitions

Current through June 14, 2024
A. As used herein, these definitions have the
				  following meaning:
1. "CHIP State Plan" means
				  the State of Rhode Island's State Plan identifying the eligibility categories
				  and services authorized for federal financial participation under Title XIX of
				  the federal Social Security Act establishing the Children's Health Insurance
				  Program (CHIP).
2. "Executive
				  Office of Health and Human Services" or "EOHHS" means the state agency
				  established in 2006 under the provisions of R.I. Gen. Laws Chapter 42-7.2
				  within the executive branch of state government and serves as the principal
				  agency for the purposes of managing the Departments of Children, Youth, and
				  Families (DCYF); Health (RIDOH); Human Services (DHS); and Behavioral
				  Healthcare, Developmental Disabilities, and Hospitals (BHDDH). EOHHS is
				  designated as the "single state agency," authorized under Title XIX of the U.S.
				  Social Security Act (42 U.S.C. §
												1396a
et seq
.) and, as
				  such, is legally responsible for the program / fiscal management and
				  administration of the Medicaid Program.
3. "Medicaid State Plan" means State of Rhode
				  Island's State Plan identifying the eligibility categories and services
				  authorized for federal financial participation under Title XIX of the federal
				  Social Security Act establishing the Medicaid program.
4. "State agency" means EOHHS.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.3 - Purposes and Scope of the Medicaid Program

Current through June 14, 2024
A. The
				  Rhode Island Medicaid program is the joint federal/state health care program
				  that provides publicly funded health coverage to low-income individuals and
				  families, adults without dependent children age nineteen (19) to sixty-four
				  (64), elders, and persons with disabilities who otherwise cannot afford or
				  obtain the services and supports they need to live safe and healthy
				  lives.
B. Eligibility -- Coverage
				  Groups. A coverage group is a classification of individuals eligible to receive
				  Medicaid benefits based on a shared characteristic such as age, income, health
				  status, and level of need criteria. Pursuant to the authority provided under
				  the Medicaid and CHIP State Plans and the State's Section  1115   demonstration
				  waiver, health coverage, services, and supports are available to individuals
				  and families who meet the eligibility requirements for the following coverage
				  groups:
1. Medicaid Affordable Care Coverage
				  (MACC) Groups - A single income standard - Modified Adjusted Gross Income or
				  "MAGI" - must be used to determine the eligibility of all applicants under the
				  Medicaid affordable care coverage groups, which are as follows:
a. Families with children and young adults,
				  pregnant women, infants and parents/caretakers with income up to the levels
				  sets forth in Part 30-00-3 of this Title;
b. Adults between the ages of nineteen (19)
				  and sixty-four (64) without dependent children who meet the income limits set
				  forth in the Part 30-00-3 of this Title, including any persons in this age
				  group who are awaiting a determination of eligibility for Medicaid on the basis
				  of age, blindness, or disability pursuant to Part 40-05-1 of this Title or
				  receipt of Supplemental Security Income (SSI) pursuant to Part 40-00-3 of this
				  Title;
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.4 - Program Administration

Current through June 14, 2024
A. Applications and
				  Eligibility. EOHHS implements a "no wrong door" policy to ensure persons
				  seeking eligibility for Medicaid health care coverage have the option to apply
				  at multiple locations throughout the State and in a manner that is best suited
				  to their needs including, but not limited to, in-person, on-line, by telephone,
				  or by U.S. mail. Application and eligibility information for the MACC groups is
				  located in the Part 30-00-3 of this Title. An overview of the application
				  process for the IHCC groups is located in Part 40-00-1 of this Title.
1. Determinations. EOHHS must make timely and
				  efficient eligibility, enrollment, and renewal decisions. Accordingly, EOHHS or
				  an entity designated by the Secretary for such purposes must review and make
				  eligibility and renewal determinations for Medicaid health care coverage in
				  accordance with applicable State and federal laws, rules, and
				  regulations.
2. Timeliness. In
				  general, determinations must be made in no more than thirty (30) days from the
				  date a completed application is received by EOHHS or its designee unless
				  clinical eligibility factors must be considered. In instances in which both
				  clinical and financial eligibility factors are material to the application
				  process, as for eligibility for Medicaid-funded LTSS or coverage for persons
				  with disabilities, determinations must be made in ninety (90) days. Applicable
				  time-limits and other eligibility requirements are set forth in the Rhode
				  Island Code of Regulations, Title 210, in the chapters related to each
				  population Medicaid serves by eligibility coverage groups.
3. Cooperation. As a condition of
				  eligibility, the Medicaid applicant/beneficiary must meet certain cooperation
				  requirements, such as providing the information needed for an eligibility
				  determination, taking reasonable action to make income or resources available
				  for support, assigning of rights to medical support or other third-party
				  payments for medical care, or pursuing eligibility for other benefits. Failure
				  to cooperate may result in a denial or termination of eligibility.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.5 - Program-wide Limits and Restrictions

Current through June 14, 2024
A. Both federal and
				  State law impose certain limits and restrictions on the scope, amount, and
				  duration of the health care coverage, services, and supports financed and
				  administered through the Medicaid program.
B. Benefits authorized under the Medicaid
				  State Plan and the State's Sections  1115   demonstration waiver are limited as
				  follows:
1. Organ Transplant Operations.
				  Medicaid provides coverage for organ transplant operations deemed to be
				  medically necessary upon prior approval by EOHHS.
a. Medical necessity for an organ transplant
				  operation is determined on a case-by-case basis upon consideration of the
				  medical indications and contraindications, progressive nature of the disease,
				  existence of alternative therapies, life threatening nature of the disease,
				  general state of health of the patient apart from the particular organ disease,
				  any other relevant facts and circumstances related to the applicant and the
				  particular transplant procedure.
b.
				  Prior Written Approval of the Secretary or his/her designee is required for all
				  covered organ transplant operations. Procedures for submitting a request for
				  prior approval authorizations are available through the provider portal on the
				  EOHHS website at:
www.eohhs.ri.gov/providers
.
c. Authorized Transplant Operations provided
				  as Medicaid services, upon prior approval, when certified by a medical
				  specialist as medically necessary and proper evaluation is completed, as
				  indicated, by the transplant facility as follows:
(1) Certification by medical specialist
				  required -- kidney transplants, liver transplants, corneal transplants, and
				  bone marrow transplants.
(2)
				  Certification by an appropriate medical specialist and evaluation at the
				  transplant facility - pancreas transplants, lung transplants, heart
				  transplants, heart/lung transplants.
d. Other Organ Transplant Operations as may
				  be designated by the Secretary of EOHHS after consultation with medical
				  advisory staff or medical consultants.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.6 - Cooperation Requirements

Current through June 14, 2024
A. As a condition
				  of eligibility, the Medicaid applicant/ beneficiary must meet certain
				  cooperation requirements, such as providing the information needed for an
				  eligibility determination, taking reasonable action to make income or resources
				  available for support, assigning of rights to medical support or other
				  third-party payments for medical care, or pursuing eligibility for other
				  benefits. Failure to cooperate may result in a denial of eligibility or case
				  closure.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.7 - Direct Reimbursement to Beneficiaries

Current through June 14, 2024
A. Some
				  individuals, while appealing a determination of Medicaid ineligibility, incur
				  and pay for covered services. Direct reimbursement may be available to
				  beneficiaries in certain circumstances. Direct reimbursement is available to
				  such individuals if, and only if, all of the following requirements are met:
1. A written request to appeal a denial or
				  discontinuance of Medicaid coverage is received by the State within the time
				  frame specified in the) "Appeals Process and Procedures for EOHHS Agencies and
				  Programs" (Subchapter 05 Part 2 of this Chapter) regulations.
2. The original decision to deny or
				  discontinue Medicaid coverage is reversed on appeal by the Appeals Officer or
				  by the Regional Manager or Chief Supervisor/Supervisor).
3. Reimbursement is only available if the
				  original decision was reversed.
Reimbursement is not made, for example, if the original
					 decision is reversed because information or documentation, not provided during
					 the application period, is provided at the time of the appeal.
4. The beneficiary submits the
				  following:
a. A completed Application for
				  Reimbursement form;
b. A copy of
				  the medical provider's bill or a written statement from the provider which
				  includes the date and type of service;
c. Proof of the date and amount of payment
				  made to the provider by the beneficiary or a person legally responsible for the
				  beneficiary. A cash receipt, a copy of a canceled check or bank debit
				  statement, a copy of a paid medical bill, or a written statement from the
				  medical provider may be used as proof of payment, provided the document
				  includes the date and amount of the payment and indicates that payment was made
				  to the medical provider by the beneficiary or a person legally responsible for
				  the beneficiary.
5.
				  Payment for the medical service was made during the period between a denial of
				  Medicaid eligibility and a successful appeal of that denial. That is, payment
				  was made on or after the date of the written notice of denial (or the effective
				  date of Medicaid termination, if later) and before the date of the written
				  decision issued by the EOHHS Appeals Office, or decision by the Regional
				  Manager/Chief Casework Supervisor after, reversing such denial is implemented
				  (or the date Medicaid eligibility is approved, if earlier).
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 1 - Overview of the Rhode Island Medicaid and Children's Health Insurance Programs › Section 210-RICR-10-00-1.8 - Procedure and Notification

Current through June 14, 2024
A. Notices of
				  Medicaid ineligibility provide applicants and beneficiaries with information
				  about their rights to appeal the agency's decision. These notices also contain
				  specific information about the availability of direct reimbursement if a
				  written appeal is filed and the State's initial decision is overturned as
				  incorrect. The rules governing appeals and hearings are located in "Appeals
				  Process and Procedures for EOHHS Agencies and Programs" (Subchapter 05 Part 2
				  of this Chapter) regulations.
B.
				  The EOHHS Appeals Office must provide individuals who may qualify with an
				  Application for Reimbursement form to request repayment for medical expenses
				  which they incurred and paid while their appeal was pending.
C. The individual must complete and sign the
				  Application for Reimbursement form and include:
1. A copy of the provider's bill showing date
				  and type of service; and
2. Proof
				  that payment was made by the beneficiary or a person legally responsible for
				  the beneficiary between the date of the erroneous denial and the date of the
				  successful appeal decision. The completed form and required documentation is
				  returned to the appropriate department representative.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 3 - Medicaid and Children's Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements › Section 210-RICR-10-00-3.1 - Overview

Current through June 14, 2024
A. In accordance with Title XIX and XXI
				  (42 U.S.C. §§
											1396a and  1396k), all Medicaid applicants
				  and beneficiaries shall meet certain non-financial general eligibility
				  requirements related to: identity, date of birth/age, Social Security Numbers
				  (SSNs), residency, U.S. citizenship, and immigrations status. Rhode Island
				  resident children under the age of nineteen (19) are not subject to any of the
				  eligibility requirements related to citizenship and immigration status. In
				  addition, certain applicants must agree to meet cooperation requirements. The
				  scope of the cooperation requirements varies depending on eligibility category
				  and the age of the applicant or beneficiary and may pertain to medical and
				  child support, liens and estate recovery, providing application information,
				  and reporting changes among others.
B. The provisions set forth herein are
				  included in the State's plan for ensuring compliance with these and related
				  federal requirements and are designed to promote ease of access to Medicaid
				  while preserving program integrity. Toward this end, the State uses electronic
				  data matches to the full extent possible to verify required information and
				  limits the requests for supporting documentation to instances in which
				  discrepancies between information sources are detected or electronic
				  verification fails unless explicitly directed otherwise by federal or State
				  law.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 3 - Medicaid and Children's Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements › Section 210-RICR-10-00-3.2 - Scope and Purpose

Current through June 14, 2024
A. This rule
				  identifies the non-financial eligibility requirements for Medicaid and CHIP-
				  funded health coverage administered through the RI Medicaid program. The rule
				  also cites the location in this Title of any other more specific or additional,
				  related provisions. Lastly, the rule sets forth the respective roles and
				  responsibilities of both the State and applicants and beneficiaries in ensuring
				  information about these requirements is obtained in the most efficient and
				  least burdensome way that Rhode Island's integrated eligibility system (IES)
				  allows within the parameters established in federal law.
B. Provisions related to the verification of
				  financial eligibility are set forth as follows: Part
				  30-00-5 of this Title, for
				  children, families, and ACA expansion adults who are evaluated using the
				  Modified Adjusted Gross Income (MAGI) standard and children deemed eligible on
				  the basis of participation in other federal programs; and Part
				  40-05 1 of this Title for elders
				  and adults with disabilities who are subject to the Supplemental Security
				  Income (SSI) method for determining financial eligibility for Community
				  Medicaid and Medicaid long-term services and supports (LTSS).
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 3 - Medicaid and Children's Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements › Section 210-RICR-10-00-3.3 - Legal Authority

Current through June 14, 2024
A. This Part is
				  promulgated pursuant to federal authorities as follows:
1. Federal Law: Title XIX of the U.S. Social
				  Security Act,  42 U.S.C.
				  §
												1396a, §§
											1115,
				  1902(dd), and
				  1903(v)(4); Title
				  XXI of the Social Security Act,
				   42 U.S.C. §
												1396k; §2107(e)(1)(j) and
				  2111 and §1111 of the Children's Health
				  Insurance Program Reauthorization Act (CHIPRA) of 2009 (Pub. Law 111-3);
				  §§401, 402(b), 403, and 421 of the Personal Responsibility and Work
				  Opportunity Reconciliation Act (PRWORA) (Pub. Law 104-193); §6036
				  of the Deficit Reduction Act of 2005 (Pub. Law 109-171);
2. Federal Regulations:
				   42 C.F.R. §§
												435.406,
				  435.945-949 and
				  440.250-255;
3. The Medicaid State Plan and the Title XIX,
				  §1115(a) Demonstration Waiver (11- W-00242/1), effective through December
				  31, 2018.
Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 10 - EOHHS General Provisions › Subchapter 00 - General Provisions › Part 3 - Medicaid and Children's Health Insurance Program (CHIP) Non-Financial General Eligibility Requirements › Section 210-RICR-10-00-3.5 - Attestations, Consent and Identity Proofing

Current through June 14, 2024
A. Attestations
				  and consent. In accordance with Federal Regulations at
				   42 C.F.R. §
											435.945, when reviewing non-financial
				  eligibility requirements, the State generally accepts: self-attestation when
				  the person completing the application is requesting eligibility; and
				  attestation by an adult who is in the applicant's household or family, or who
				  is acting as an authorized representative, when the person requesting
				  eligibility is a minor or incapacitated.
1.
				  Application signature - To attest to the truthfulness of the information
				  provided, an application must be signed either electronically or manually when
				  submitted to be considered valid. The State notifies an applicant when a
				  signature is missing and held in pending status until the State receives the
				  required signature from the applicant/head of household. If the application or
				  appropriate sections or proxies thereof are not returned with a signature by
				  the date due, the application is closed and no further action is taken by the
				  State.
2. Consent for electronic
				  data matches - Applicants are asked to provide consent for the State to conduct
				  electronic data matches related to income and other non-financial eligibility
				  factors at the time of application. Refusal to provide such consent does not
				  constitute non-cooperation and, as such, cannot alone result in the denial of
				  eligibility. The State will proceed with an eligibility determination without
				  the applicant's consent. However, without this consent, the application
				  processing time may increase and the State may require applicants to provide
				  supplemental forms of paper documentation to support attestations and
				  selfattestations for persons seeking Medicaid eligibility in the
				  household.