Title 42, Title 42 Affairs and Government

(a) The director shall submit an annual report to the governor, the budget officer, the chairperson of the house finance committee, the chairperson of the senate finance committee, and the chairperson of the board of pharmacy as established by § 5-19.1-4. The report shall contain…

As used in this chapter: (1) “Adult day services program” is an agency licensed through the department of health that provides a comprehensive supervised program on a regular basis to physically and/or mentally handicapped adults for a substantial part of a day in a single physic…

There is created a home and community care services to the elderly program which shall provide levels of reimbursement for necessary covered services when the provision of these services will: (1) promote independent living; and (2) allow the client to remain at home. It is the i…

Home and community care services shall consist of: (1) Medicaid waiver services for Medicaid-eligible clients; or (2) For the state funded copayment program, care coordination, a combination of homemaker/personal care services and other support services deemed necessary by the di…

(a) To be eligible for this program the client must be determined, through a functional assessment, to be in need of assistance with activities of daily living or and/or must meet a required level of care as defined in rules and regulations promulgated by the department; (b) Medi…

The office of healthy aging shall establish client copayments by regulation in accordance with § 42-66.3-7.

The director is authorized and shall enter into a contract with the contractor for the effective administrative support of this program.

The director of the office of healthy aging shall promulgate rules and regulations to effectuate the provisions of this chapter.

(a) There is established a permanent state committee to be known as the home and community care services advisory committee established for the purpose of advising the director of the office of healthy aging relative to the needs and concerns of home and community care services c…

(a) The director of the office of healthy aging and the director of the department of human services shall cooperate and collaborate in obtaining approval from the health care financing administration for a home and community based services waiver. The waiver shall be designated …

As used in this chapter, unless the context otherwise requires: (1) “Adult daycare services” means a comprehensive supervised program on a regularly scheduled basis to adults with disabilities for a substantial part of the day in a single physical location for a specified number …

(a) The services defined and delineated in § 42-66.4-2 shall be provided only to those patients who are medically eligible and who are in a skilled nursing and/or intermediate care facility. Patients recently admitted shall be assessed as soon as possible. Provisions of long-term…

(a) When a long-term home healthcare program as defined under this chapter is available, the office of healthy aging shall notify the eligible person, in writing, of the provisions of this chapter. (b) If a person eligible to receive services under the provisions of this title wh…

(a) For the purposes of this section, director means the director of human services. (b) Notwithstanding any inconsistent provision of law but subject to expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may author…

There is established, within the office of healthy aging, a long-term care assessment and care management program. The purpose of the program is to provide chronically impaired or disabled persons in need of assistance with activities of daily living with an assessment of need an…

As used in this chapter: (1) “Care management services” means the coordination of a plan of care and services provided at home or in the home of a responsible adult to an eligible client. Care management should include, but is not limited to, the following: a listing, whether pro…

(a) Long-term care assessment. The director shall establish, with the cooperation of the director of human services, a program for making long-term care assessments as defined in § 42-66.6-2. The assessment will be provided at no cost to the person being assessed and will be carr…

The director of the office of healthy aging shall promulgate rules and regulations to implement this chapter.

(a) As part of the long-term care assessment and care management program as defined in § 42-66.6-2(1), all persons with a disability who are age sixty-five (65) years of age or younger and who are: (i) seeking admission to or discharge from a licensed long-term care residential f…

This chapter shall be known and may be cited as the “Long-Term Care Ombudsperson Act of 1995.”

The long-term care ombudsperson shall submit an annual report of the activities of the long-term care ombudsperson program and the long-term care ombudsperson’s activities concerning facilities and the protection of the rights of residents of the facilities with the assistant sec…

Any person, institution, or official who in good faith participates in the registering of a complaint, or who in good faith investigates that complaint or provides access to those persons carrying out the investigation, or who participates in a judicial proceeding resulting from …

The director of the office of healthy aging shall promulgate and, from time to time, revise rules and regulations for the implementation and enforcement of the long-term ombudsperson program including, but not limited to, the procedures for the receipt, investigation, and resolut…

Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments. The director shall establish an interagency agreement among the elderly affairs department, the department of health, the depar…

No person shall willfully interfere with the long-term care ombudsperson in the performance of the ombudsperson’s official duties.

The director shall have the power to enforce the provisions of this chapter.

Every person who willfully violates the provisions of § 42-66.7-8 or § 42-66.7-14 will be subject to a fine up to one thousand dollars ($1,000) for each violation of these sections and any other remedy provided for in the Rhode Island law.

If any provision of this chapter or any rule or regulation made under this chapter, or the application of any provision of this chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the chapter, rule or regulation and…

There is established a program of the Long-Term Care Ombudsperson to be administratively attached to the office of healthy aging in accordance with its mandate under § 42-66-4 and the Older Americans Act, 42 U.S.C. § 3001 et seq.

As used in this chapter: (1) An “act” of any facility or government agency includes any failure or refusal to act by any facility or government agency. (2) “Administrator” means any person who is charged with the general administration or supervision of a facility whether or not …

The office of healthy aging shall establish the position(s) of long-term care ombudsperson for the purpose of advocating on behalf of long-term care facility residents and of receiving, investigating, and resolving through mediation, negotiation, and administrative action complai…

The long-term care ombudsperson shall: (1) Identify, investigate, and resolve complaints that: (i) are made by, or on behalf of, residents; and (ii) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (includ…

The files maintained by the long-term care ombudsperson program are confidential and shall be disclosed only with the written consent of the resident client affected or the resident client’s legal representative, or if any disclosure is required by court order. Nothing in this se…

(a) In the course of an investigation, the long-term care ombudsperson shall: (1) Make the necessary inquiries and obtain information as is deemed necessary; (2) Have access to facilities and residents; and (3) Enter facilities and, after notifying the person in charge, inspect a…

No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility by the facility; nor against any guardian or family member of any resident; nor against any resident of the facility; nor against any volunteer for any communicatio…

(a) The long-term care ombudsperson may request from any government agency, and the agency is authorized and directed to provide, any cooperation and assistance, services, and data as will enable the long-term care ombudsperson to properly perform or exercise any of the ombudsper…

It is found and declared as follows: (1) Rhode Island has one of the highest proportions of elderly persons in the nation. Persons age eighty-five (85) years old and over are the fastest growing segment of the state’s population. (2) A significant number of Rhode Island elderly h…

The purpose of this legislation is to provide assisted living alternatives to low and moderate income chronically impaired or disabled elderly and other chronically impaired or disabled adults who are eligible for or at risk of placement in nursing facility care. The director of …

As used in this chapter, unless the context otherwise requires: (1) An “assisted living facility” means a publicly or privately operated residential development (including a designated wing or section of that development) certified and financed by the Rhode Island housing and mor…

(a) Provision of assisted living supportive services paid for with government funds in an assisted living facility as defined and delineated in this chapter shall be provided only to those persons who are eligible for, or at risk for, placement in a nursing facility and who have …

For the purposes of this section, director means the director of human services. Notwithstanding any inconsistent provision of law, but subject to the expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may authorize…

Upon implementation of the demonstration program and occupancy of assisted living facilities by low and moderate income persons, the Rhode Island department of elderly affairs will work in conjunction with Rhode Island housing to develop a tool to evaluate the qualitative benefit…

In addition to the waiver request required by § 42-66.8-2, the directors of the departments of human services and elderly affairs shall cooperate and collaborate in obtaining approval from the health care financing administration for additional home and community based waiver ser…

All housing for the elderly complexes, as defined in § 42-66.1-2, that are serviced by one or more elevators and/or electrically powered chair lifts, and that include more than one hundred (100) residential living units in a single building shall be equipped with emergency genera…

(a) Any housing complex for the elderly that fails to meet the requirements as outlined in the preceding section may be assessed an administrative penalty of two hundred dollars ($200) per day plus interest, which accrues from the date upon which the administrative penalty become…

(a) The director of the department of children, youth and families, pursuant to § 42-72-5(b)(7) and (b)(24), shall establish within the department a unit to license and monitor child-placing agencies, child caring agencies, foster and adoptive homes, and children’s behavioral hea…