2004 -- H 7526

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LC01463

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

RELATING TO FACILITIES FOR THE MENTALLY AND/OR DEVELOPMENTALLY

DISABLED

     Introduced By: Representatives Naughton, Giannini, Lewiss, Slater, and Cerra

     Date Introduced: February 04, 2004

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40.1-24-1 and 40.1-24-9 of the General Laws in Chapter 40.1-24

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entitled "Licensing of Facilities and Programs for People who are Mentally Ill and/or

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Developmentally Disabled" are hereby amended to read as follows:

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     40.1-24-1. Definitions. -- As used in this chapter:

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      (1) "Adult foster home" means a private family living arrangement which, through

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financial support from the parent deinstitutionalization subsidy aid program, provides housing

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and supervision to two (2) or more adults who are alcoholic, drug abusers, mentally ill or who are

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persons with developmental disabilities or otherwise eligible under section 40.1-1-10.1. Foster

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homes serving fewer than two (2) adults, foster home situations wherein the foster parents are

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natural or adoptive parent(s) or grandparents, and any facility licensed by the department of

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children, youth, and families shall be excluded for the purposes of this chapter.

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      (2) "Community residence" means any home or other living arrangement which is

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established, offered, maintained, conducted, managed, or operated by any person for a period of

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at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is

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provided for the purpose of providing rehabilitative treatment, habilitation, psychological support,

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and/or social guidance for three (3) or more persons who are alcoholic, drug abusers, mentally ill

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or who are persons with developmental disabilities. The facilities shall include but not be limited

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to group homes, halfway houses, and fully supervised apartment programs. Semi-independent

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living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be

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considered community residences for the purposes of this chapter.

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      (3) "Day treatment program" means any nonresidential facility which is established,

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offered, maintained, conducted, managed, or operated by any person for a period of less than

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twenty-four (24) hours to provide therapeutic intervention to persons who are alcoholic, drug

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abusers, mentally ill, or who are persons with developmental disabilities. These shall include but

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not be limited to outpatient programs for persons who are alcoholic, drug abusers, mentally ill or

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who are persons with developmental disabilities.

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      (4) "Department" means the department of mental health, retardation and hospitals.

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      (5) "Facility" means any community residence, day treatment program, rehabilitation

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program, public or private, excluding hospitals or units within hospitals for persons who are

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alcoholic, drug abusers, mentally ill or who are persons with developmental disabilities providing

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program services which do not constitute medical or custodial care, but do offer rehabilitation,

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habilitation, psychological support, and social guidance.

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      (6) "Habilitation program" means any nonresidential facility which is established,

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offered, maintained, conducted, managed, or operated by any person for a period of less than

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twenty-four (24) hours to provide training in basic daily living skills and developmental activities,

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prevocational skills and/or vocational training and placement, and follow up for people who are

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alcoholic, drug abusers, mentally ill or who are persons with developmental disabilities. These

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shall include but not be limited to early intervention, adult development, work activities, sheltered

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workshops, advanced workshops, and job development and training programs. Sheltered

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workshops not exclusively for people who are alcoholic, drug abusers, mentally ill or who are

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persons with developmental disabilities shall be excluded for the purposes of this chapter.

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      (7) "Person" means any individual, governmental unit, corporation, company,

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association, or joint stock association and the legal successor thereof.

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      (8) "Program" means a planned service delivery system structured to provide specific

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components which are responsive to the needs of those served.

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      (9) "Rehabilitation program" means any facility which is established, offered,

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maintained, conducted, managed, or operated by any person to provide restorative therapy and/or

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training to persons who are mentally ill or who are persons with developmental disabilities. These

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shall include but not be limited to community mental health centers. Sheltered workshops not

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exclusively for people who are alcoholic, drug abusers, mentally ill or who are persons with

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developmental disabilities shall be excluded for the purposes of this chapter.

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     40.1-24-9. Rules, regulations, and standards. -- The department shall adopt, amend,

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promulgate, and enforce such rules, regulations, and standards with respect to all facilities and

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programs licensed under this chapter as may be designed to further the accomplishment of the

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purposes of this chapter in promoting safe and adequate facilities and programs in the interest of

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public health, safety, and welfare. Facilities within the purview of this chapter shall be

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considered assisted living residence facilities and as such licensed under the provisions of

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chapter 23-17.4 of the general laws.

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     SECTION 2. This act shall take effect upon passage.

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LC01463

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FACILITIES FOR THE MENTALLY AND/OR DEVELOPMENTALLY

DISABLED

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     This act would require group homes for the mentally and/or developmentally disabled to

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be regulated by the department of health.

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     This act would take effect upon passage.

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LC01463

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