R.I. Gen. Laws § 40.1-21-4.3

Current through 2024 Public Law 457

Section 40.1-21-4.3 - Definitions

As used in this chapter and in chapter 22 of this title the words:

(1) "Adult with intellectual or developmental disabilities" means a person, eighteen (18) years old or older and not under the jurisdiction of the department of children, youth and families who is either an adult with intellectual or developmental disabilities or is a person with a severe, chronic disability that:

(i) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii) Is manifested before the person attains age twenty-two (22);

(iii) Is likely to continue indefinitely;

(iv) Results in substantial functional limitations in three (3) or more of the following areas of major life activity:

(A) Self care;

(B) Receptive and expressive language;

(C) Learning;

(D) Mobility;

(E) Self-direction;

(F) Capacity for independent living;

(G) Economic self-sufficiency; and

(v) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with § 16-24-1 et seq.

(vi) In addition, the words "adult with intellectual or developmental disabilities" also means a person eighteen (18) years old or older and not under the jurisdiction of the department of children, youth and families, with significant sub-average, general intellectual functioning two (2) standard deviations below the norm, existing concurrently with deficits in adaptive behavior and manifested during the developmental period. For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with § 16-21 24-1 et seq.

(2) "Ancillary services" means those services provided, and shall include, but not be limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker services.

(3) "Case management" means the implementation of an individual's program by providing information, by referral to appropriate service providers, by procurement of services, and by the coordination of the necessary services.

(4) "Department" means the Rhode Island department of behavioral healthcare, developmental disabilities and hospitals.

(5) "Developmental services" means those services provided to developmentally disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and day services.

(6) "Diagnosis and evaluation" means a process to determine whether and to what extent an individual is intellectually or developmentally disabled and a study of the individual's condition, situation, and needs that lead to a recommendation of what services, if any, would benefit the individual.

(7) "Individualized program plan" or "general service plan" means a plan, however named, that includes, but shall not be limited to, the following:

(i) An evaluation of the strengths, difficulties, needs, and goals of the individual;

(ii) A description of those services found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities;

(iii) A description of the agencies and/or individuals, who or that are proposed to provide each of the recommended services;

(iv) The intermediate and long-range objectives for the individual's development and habilitation;

(v) The expected duration for the provision of the services;

(vi) A description of the tests and other evaluative devices used and their results;

(vii) Proposed criteria for monitoring and evaluating the success of the services in meeting the individual's needs; and

(viii) The signatures of the preparers of the plan and the date.

The individual program plan shall indicate developmental, supportive, or ancillary services by function and frequency, the manner of subsidy and delivery and the categories of need for services such as transportation, job training, or occupation, housing, housing adaptation, personal attendant care, homemaker, or other services. This plan shall be reviewed at least annually; provided, however, that authorizations for services and funding issued prior to July 1, 2011, are null and void. Authorizations will be paid at the rate effective in the quarter the service was provided.

(8) "Service broker" means that individual who assists in facilitating the connection between the person with intellectual or developmental disabilities and the services required by the individual program plan.

(9) "Subsidized access to service" means the provisions of financial resources through vouchers to a person with intellectual or developmental disabilities to enable the person to gain access to appropriate generic and/or special services as required by the individual program plan.

(10) "Supportive services" means those services provided to adults with intellectual or developmental disabilities, and shall include, but not be limited to, occupational therapy, physical therapy, psychological services, counseling, nursing services, and medical services.

R.I. Gen. Laws § 40.1-21-4.3

Amended by 2023 Pub. Laws, ch. 62, § 9, eff. 6/14/2023.

Amended by 2023 Pub. Laws, ch. 61, § 9, eff. 6/14/2023.

P.L. 1987, ch. 181, § 4; P.L. 1991, ch. 301, §3; P.L. 1995 , ch. 122, § 1; P.L. 2011 , ch. 151, art. 9, § 23.