House Bill #7803 (2018)

AN ACT RELATING TO HUMAN SERVICES -- QUALITY SELF-DIRECTED SERVICES -- PUBLIC OFFICERS AND EMPLOYEES -- INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES

Enables the creation of a public registry of home health aides, giving seniors and individuals living with disabilities another choice when accessing long-term care options.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2018 – H 7803
  • 2018 – H 7803 SUBSTITUTE A AS AMENDED
  • ========
  • LC004816
  • LC004816/SUB A
  • ========
  • S T A T E O F R H O D E I S L A N D
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO HUMAN SERVICES – QUALITY SELF-DIRECTED SERVICES – PUBLIC
  • OFFICERS AND EMPLOYEES – INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
  • RELATING TO HUMAN SERVICES – QUALITY SELF-DIRECTED SERVICES – PUBLIC
  • OFFICERS AND EMPLOYEES – INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
  • SERVICES
  • Introduced By: Representatives Blazejewski, Slater, Fogarty, Regunberg, and
  • Maldonado
  • Date Introduced: February 28, 2018
  • Referred To: House Finance
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Findings and declarations. The general assembly hereby finds and declares as follows:
  • (1) Ensuring that seniors and people with disabilities in Rhode Island have access to long- term services and supports in home and community based settings is an issue of statewide concern.
  • (2) It is in the best interest of the state to create a variety of home and community based service options in order to maximize consumer choice and provide the right care, in the right setting, at the right time, for individuals with long-term care service and supports needs.
  • (3) In 2015, seventy-seven percent (77%) of Medicaid spending for long-term services and supports for older adults and adults with physical disabilities in Rhode Island went to institutional care rather than home and community based care, compared with a national average of almost forty-four percent (44%) making Rhode Island one of the lease balanced states in the country.
  • (4) State efforts to give people more cost-effective choices of Medicaid-funded long-term services and supports would be greatly aided by offering an independent provider home care option for people with disabilities and seniors and implementing the proper infrastructure to support the program.
  • (5) The implementation of a successful individual provider home care option will rely on the ability to attract and maintain a robust, well qualified, adequately trained and compensated workforce to deliver high quality services and meet the increasing demand for these services due to the projected increase in the state's aging population.
  • SECTION 2. Title 36 of the General Laws entitled "PUBLIC OFFICERS AND EMPLOYEES" is hereby amended by adding thereto the following chapter:
  • CHAPTER 11.1
  • SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby amended by adding thereto the following chapter:
  • CHAPTER 8.14
  • QUALITY SELF-DIRECTED SERVICES
  • 40-8.14-1. Definitions.
  • For purposes of this section:
  • (1) "Activities of daily living" (ADL) means the routine activities that people tend to do every day without needing assistance. There are six (6) basic ADLs: eating, bathing, dressing, toileting, transferring (walking) and continence.
  • (2) "Covered home and community-based services (HCBS)" means any core, preventive, or specialized long-term care services and supports available in a person's home or a community- based living arrangement that the state is authorized to provide under the Medicaid state plan, the Medicaid Section 1115 waiver or any similar program.
  • (3) "Direct support services" means the range of home and community-based services (HCBS) covered services that are identified in the Medicaid state plan, Rhode Island's § 1115 waiver or any similar program that may provide similar services in the future, and the rules and regulations promulgated by the executive office of health and human services (EOHHS) or a designated agency authorizes individual home care providers to provide. The direct support services must be provided in accordance with applicable federal and state law, rules and regulations and include, but are not limited to, personal care assistance, homemaker, and companion services that the state is authorized to provide under the Medicaid state plan, the Medicaid Section 1115 waiver or any similar program in the future, including:
  • (i) Participant assistance with activities of daily living and instrumental activities of daily living as defined in this chapter;
  • (ii) Assistance with monitoring health status and physical condition;
  • (iii) Assistance with preparation and eating of meals (not the cost of the meals itself);
  • (iv) Assistance with housekeeping activities (bed making, dusting, vacuuming, laundry, grocery shopping, cleaning);
  • (v) Assistance with transferring, ambulation, and use of special mobility devices assisting the participant by directly providing or arranging transportation; and
  • (vi) Other similar, in-home, non-medical long-term services and supports provided to an elderly person or individual with a disability by an individual provider to meet such person's daily living needs and ensure that such person may adequately function in the person's home and have safe access to the community.
  • (4) "Director" means the director of the Rhode Island department of administration.
  • (5) "Fiscal intermediary" means a third-party organization under contract with the EOHHS responsible for performing payroll and other employment-related functions on behalf of the participant.
  • (i) The fiscal intermediary shall:
  • (A) Be authorized by the secretary or a designated agency to receive and distribute support funds on behalf of a participant in accordance with the participant's service plan; and
  • (B) Act as a fiscal intermediary on behalf of a participant in compliance with all rules, regulations, and terms and conditions established by the secretary.
  • (ii) The fiscal intermediary shall not make any decisions regarding hiring, supervising, or firing individual providers.
  • (6) "Individual provider" means an individual selected by and working under the direction of a Medicaid LTSS beneficiary or the beneficiary's duly authorized representative to provide direct support services to the participant in accordance with the beneficiary's service plan, but does not include an employee of a provider agency, subject to the agency's direction and control commensurate with agency employee status or an individual providing services to a participant electing the personal choice option in any program.
  • (7) "Instrumental activities of daily living" means the skills a person needs to live safely and successfully in a residential setting of choice without outside supports. Such skills include, but are not limited to, using the telephone, traveling, shopping, preparing meals, doing housework, taking medications properly, and managing money.
  • (8) "Medicaid LTSS beneficiary" means a person who has been determined by the state to obtain Medicaid-funded long-term services and supports.
  • (9) "Participant" means a Medicaid LTSS beneficiary who receives direct support services from an individual provider.
  • (10) "Participant's representative" means a participant's legal guardian or an individual having the authority and responsibility to act on behalf of a participant with respect to the provision of direct support services.
  • (11) "Provider representative" means a provider organization that is certified as the exclusive negotiating representative of individual providers as provided in § 40-8.15-7.
  • (12) "Secretary" means the secretary of the Rhode Island executive office of health and human services (EOHHS).
  • 40-8.14-2. Scope of coverage.
  • Individual providers may provide all authorized HCBS covered services in accordance with the participant's service plan at home and other Medicaid certified settings, to the extent the applicable federal and state laws and rules and regulations allow.
  • 40-8.14-3. Use of employee workforce.
  • The requirement under § 40-8.14-2 shall not restrict the state's ability to afford participants and participants' representatives who choose not to employ an individual provider, or are unable to do so, the option of receiving direct support services through a personal choice option or through the employees of provider agencies, rather than through an individual provider.
  • Nothing in this chapter shall restrict the state's ability to afford Medicaid LTSS beneficiaries authorized to receive HCBS covered services with the freedom of choice guaranteed under Title XIX to enter into service delivery agreements with any authorized Medicaid provider.
  • 40-8.14-4. Duties of the executive office for health and human services.
  • (a) The secretary shall afford to all Medicaid LTSS beneficiaries who receive authorized HCBS covered services in accordance with a service plan the option of employing an individual provider to provide direct support services.
  • (b) The secretary shall modify program operations as necessary to ensure implementation of the individual provider model and to ensure all relevant vendors assist and cooperate as needed, including managed care organizations and providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing individual providers, and otherwise fulfill the requirements of this section, including the provisions of subsection (f) of this section.
  • (c) The secretary shall have the authority to:
  • (1) Establish reimbursement rates for all individual providers, in accordance with chapter 8.15 of title 40, provided that these rates may permit individual provider variations based on traditional and relevant factors otherwise permitted by law; provided, however, that reimbursement rates shall be required to be approved by the general assembly.
  • (2) Ensure delivery of required orientation programs for individual providers;
  • (3) Implement training and educational opportunities negotiated in accordance with chapter 8.15 of title 40 for individual providers, as well as for participants and participants' representatives who receive services from individual providers, including opportunities for individual providers to obtain certification documenting additional training and experience in areas of specialization;
  • (4) In collaboration with the provider representative, provide for the maintenance of a public registry of individuals who have consented to be included to:
  • (i) Allow for routine, emergency, and respite referrals of qualified individual providers who have consented to be included in the registry to participants and participants' representatives;
  • (ii) Enable participants and participants' representatives to gain improved access to, and choice among, prospective individual providers, including by having access to information about individual providers' training, educational background, work experience, national criminal background check results, and availability for hire;
  • (5) Establish provider qualification standards for individual providers, including undergoing a national criminal background check and behavior that would disqualify someone as an individual provider;
  • (6) Establish other appropriate terms and conditions for the workforce of individual providers without infringing on participants' or their responsible parties' rights and responsibilities to hire, direct, supervise, and/or terminate the employment of their individual providers;
  • (7) Establish an advisory board for participants, their representatives, and advocates, to communicate directly with the secretary about the provision of quality direct support services.
  • (i) The board shall consist of thirteen (13) members:
  • (A) One of whom shall be the secretary of the executive office of health and human services, or a designee, who shall serve as chair;
  • (B) Six (6) of whom shall be consumers of the individual provider model, two (2) to be appointed by the governor, two (2) to be appointed by the president of the senate, and two (2) to be appointed by the speaker of the house;
  • (C) Three (3) of whom shall be representatives from statewide independent living centers, one to be appointed by the governor, one to be appointed by the president of the senate, and one to be appointed by the speaker of the house;
  • (D) Three of whom shall be from a 501(c)(3) statewide senior advocacy organization, one to be appointed by the governor, one to be appointed by the president of the senate, and one to be appointed by the speaker of the house;
  • (ii) The board members shall be appointed for three (3) year terms.
  • (iii) The board shall advise the secretary, or a designee, regarding issues relating to the quality, access, and consumer autonomy offered through the individual provider model; and
  • (8) Contract with a fiscal intermediary service for the operations of the individual provider model.
  • (d) The secretary's authority in § 40-8.14-4 shall be subject to the state's obligations to meet and negotiate under § 40-8.15-3 and chapter 7 of title 28, as modified and made applicable to individual providers under §40-8.15-3, and to agreements with any exclusive representative of individual providers, as authorized by § 40-8.15-3. Except to the extent otherwise provided by law, the secretary shall not undertake activities in subsections (c)(3) and (c)(4) of this section, prior to October 1, 2019, unless included in a negotiated agreement and an appropriation has been provided by the legislature to the secretary.
  • (e) The secretary shall cooperate in the implementation of chapter 8.15 of title 40 with all other relevant state departments and agencies. Any entity providing relevant services, including, but not limited to, providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing individual providers shall assist and cooperate with the secretary in the operations of this section, including with respect to the secretary's obligations under subsections (b) and (f) of this section.
  • (f) The secretary, or a designee, shall, no later than October 1, 2019, and then quarterly thereafter, in accordance with rules and regulations promulgated by EOHHS, compile and maintain a list of the names and addresses of all individual providers who have been paid for providing direct support services to participants within the previous six (6) months. The list shall not include the name of any participant, or indicate that an individual provider is a relative of a participant or has the same address as a participant. The secretary, or a designee agency, shall share the lists with others as needed for the state to meet its obligations under this chapter and chapter 8.15 of title 40. This sharing shall not include access to private data on participants or participants' representatives. Nothing in this section or chapter 8.15 of title 40 shall alter the access rights of other private parties to data on individual providers.
  • (g) The secretary shall immediately commence all necessary steps to ensure that direct support services are offered in conformity with this section, to gather all information that may be needed for promptly compiling lists required under this section, including information from current vendors, and to complete any required modifications to currently providing direct support services by October 1, 2019.
  • 40-8.14-5. authority of the department of administration.
  • In accordance with chapter 8.15 of title 40, the director shall have the authority to:
  • (1) Meet and negotiate with any provider representative chosen pursuant to § 40-8.15-8 2(a);
  • (2) In coordination with the secretary, negotiate over any of the topics in § 40-8.14-4(c) and any other appropriate matters governing the workforce of individual providers without infringing on participants' or their responsible parties' rights and responsibilities to hire, direct, supervise, and/or terminate the employment of their individual providers; and
  • (3) Execute a collective bargaining agreement, subject to any approval required under § 40-8.15-5.
  • 40-8.14-6. Severability.
  • Should any part of this chapter be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect.
  • SECTION 2. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby amended by adding thereto the following chapter:
  • CHAPTER 8.15
  • INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES
  • 36-11.1-1. Definitions.
  • 40-8.15-1. Definitions.
  • For the purposes of this chapter:
  • (1) "Direct support services" has the meaning given to it under § 40-8.14-1.
  • (2) "Individual provider" has the meaning given to it under § 40-8.14-1.
  • (3) "Participant" has the meaning given to it under § 40-8.14-1.
  • (4) "Participant's representative" has the meaning given to it under § 40-8.14-1.
  • 36-11.1-2. Rights of individual providers and participants.
  • For the purposes of the Rhode Island state labor relations act, under chapter 11.1 of title 36, individual providers shall be considered, by virtue of this chapter, employees within the meaning of § 28-7-3 and state employees within the meaning of § 36-11-1 employed by the director of human services or the director's representative. For purposes of this chapter, no individual provider shall be deemed excluded from the definition of "employee" under § 28-7- 3(3)(ii) because they provide care to a family member or because they are in domestic service in a person's home. This section does not require the treatment of individual providers as public employees for any other purpose. Individual providers are not state employees for purposes of chapter 31 of title 9 or any similar law. Chapter 11.1 of title 36 shall apply to individual providers except as otherwise provided in this chapter. Notwithstanding § 36-11-1.1, chapter 11.1 of title 36 shall apply to individual providers regardless of part-time, full-time, casual, or seasonal employment status.
  • 36-11.1-3. Scope of meet and negotiate obligation.
  • If an exclusive representative is certified pursuant to this chapter, the mutual rights and obligations of the state and an exclusive representative of individual providers to meet and negotiate regarding terms and conditions shall extend to the subjects covered under § 40-8.14- 4(c), but shall not include those subjects reserved to participants or participants' representatives by § 36-11.1-4.
  • 36-11.1-4. Rights of covered program participants.
  • No provision of any agreement reached between the state and any exclusive representative of individual providers, nor any arbitration award, shall interfere with the rights of participants or participants' representatives to select, hire, direct, supervise, and terminate the employment of their individual providers; to manage an individual service budget regarding the amounts and types of authorized goods or services received; or to receive direct support services from individual providers not referred to them through a state registry.
  • 36-11.1-5. Legislative action on agreements.
  • Any agreement reached between the state and the exclusive representative of individual providers under chapter 11.1 of title 36 shall be submitted to the general assembly to be accepted or rejected in accordance with § 36-6-5.
  • 36-11.1-6. Strikes prohibited.
  • Individual providers shall be subject to the prohibition on strikes applied to state employees under § 36-11-6.
  • 36-11.1-7. Interest arbitration.
  • Individual providers shall be subject to the interest arbitration procedures applied to essential employees under §§ 36-11-7.1 through 36-11-11.
  • 36-11.1-8. Appropriate unit.
  • The only appropriate unit for individual providers shall be a statewide unit of all individual providers. The unit shall be treated as an appropriate unit under § 28-7-15. Individual providers who are related to their participant or their participant's representative shall not for such reason be excluded from the appropriate unit.
  • 36-11.1-9. List access.
  • Beginning October 1, 2018, upon a showing made to the chairperson of the labor relations board by any employee organization wishing to represent the appropriate unit of individual providers that at least fifty (50) individual providers support such representation, the chairperson of the labor relations board shall provide to such organization within seven (7) days the most recent list of individual providers compiled under § 40-8.14-4(f), and three (3) subsequent monthly lists upon request. The chairperson of the labor relations board shall provide lists compiled under § 40-8.14-4(f), upon request, to any exclusive representative of individual providers. To facilitate operation of this chapter, the director of the department of human services shall provide all lists to the chairperson of the labor relations board, upon the request of the chairperson of the labor relations board.
  • 36-11.1-10. Representation and election.
  • Beginning January 1, 2019, any employee organization that desires to represent the appropriate unit of individual providers may seek exclusive representative status pursuant to an election conducted pursuant to §§ 28-7-14 through 28-7-19. Certification elections for individual providers shall be conducted by mail ballot, and such election shall be conducted upon an appropriate petition stating that among individual providers who have been paid for providing direct support services to participants within the previous twelve (12) months, a number of individual providers equal to at least thirty percent (30%) of those eligible to vote desire to be represented by the petitioner. The individual providers eligible to vote in any such election shall be those individual providers on the monthly list of individual providers compiled under § 40- 8.14-4(f), most recently preceding the filing of the election petition. Except as otherwise provided, elections under this section shall be conducted in accordance with §§ 28-7-14 through 28-7-19.
  • SECTION 3. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby amended by adding thereto the following chapter:
  • CHAPTER 8.14
  • QUALITY SELF-DIRECTED SERVICES
  • 40-8.14-1. Definitions.
  • For purposes of this chapter:
  • (1) "Activities of daily living" means everyday routines generally involving functional mobility and personal care, such as bathing, dressing, eating, toileting, mobility and transfer.
  • (2) "Covered program" means a program to provide direct support services funded in whole or in part by the state of Rhode Island, including the state's Comprehensive § 1115 Waiver Demonstration, integrated care initiative, personal assistance services and supports program, family-directed respite programs for adults and children, Rhode to Home, and any and all waiver programs established pursuant to home and community-based service waivers authorized under § 1915(c) (42 U.S.C. § 1396 n) or § 1115 (42 U.S.C. § 1315) of the federal Social Security Act, and Rhode Island general laws, including, but not limited to, chapters 8, 8.1, 8.7, 8.9, and 8.10 of title 40, and any plan or program developed pursuant to the executive office of health and human services' authority under §§ 40-8-17 and 40-8.9-9(d); and any similar program that may provide similar services in the future.
  • (3) "Direct support services" means personal care assistance, homemaker, and companion services covered by medical assistance, including:
  • (i) Participant assistance with activities of daily living and instrumental activities of daily living as defined in this chapter;
  • (ii) Assistance with monitoring health status and physical condition;
  • (iii) Assistance with preparation and eating of meals, however not including the cost of meals;
  • (iv) Assistance with housekeeping activities to include, but not be limited to, bed making, dusting vacuuming, laundry, grocery shopping ,and cleaning;
  • (v) Assistance with ambulation; use of special mobility devices and directly providing or arranging transportation; and
  • (vi) Other similar, in-home, non-medical long-term services and supports provided to an elderly person or person with a disability by their caretaker or direct support service provider to meet such participant's daily living needs and ensure that such participant may adequately function in the participant's home and have safe access to the community.
  • (4) "Director" means the director of the department of human services.
  • (5) "Individual provider" means an individual selected by and working under the direction of a participant in a covered program, or a participant's representative, to provide direct support services to the participant, but does not include an employee of a provider agency, subject to the agency's direction and control commensurate with agency employee status or an individual providing services to a participant electing the personal choice option in any program.
  • (6) "Instrumental activities of daily living" means the activities often performed by a person who is living independently in a community setting during the course of a normal day, such as managing money, shopping, telephone use, travel in community, housekeeping, and preparing meals.
  • (7) "Participant" means a person who receives direct support services through a covered program.
  • (8) "Participant's representative" means a participant's legal guardian or an individual having the authority and responsibility to act on behalf of a participant with respect to the provision of direct support services through a covered program.
  • 40-8.14-2. Operations of covered programs.
  • All covered programs shall operate consistent with this chapter, including by allowing participants and participants' representatives within the programs to elect the option of receiving services through individual providers as defined in § 40-8.14-1, notwithstanding any inconsistent provisions of any Medicaid state plan or program developed pursuant to the executive office of health and human services' authority under §§ 40-8-17 and 40-8.9-9(d); or any other similar statutes or regulations.
  • 40-8.14-3. Optional service providers.
  • The requirement under § 40-8.14-2 shall not restrict the state's ability to allow participants and participants' representatives within the covered programs to choose not to employ an individual provider, and instead elect the option of receiving direct support services through a personal choice option or through the employees of provider agencies.
  • 40-8.14-4. Duties of the executive office of health and human services.
  • (a) The director shall allow to all participants within a covered program the option of employing an individual provider to provide direct support services.
  • (b) The director shall ensure that all employment of individual providers is in conformity with this chapter and chapter 11.1 of title 36, to include modification of program operations as necessary to ensure proper classification of individual providers, and to require that all relevant vendors within covered programs assist and cooperate as needed, including managed care organizations and providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing individual providers, and to otherwise fulfill the requirements of this chapter.
  • (c) The director shall:
  • (1) Establish for all individual providers' compensation rates, payment terms and practices, and any benefit terms; provided that these rates and terms may permit individual provider variations based on traditional and relevant factors otherwise permitted by law;
  • (2) Provide for required orientation programs within three (3) months of hire for individual providers newly hired on or after October 1, 2018, regarding their employment within the covered programs through which they provide services;
  • (3) Have the authority to provide for relevant training and educational opportunities for individual providers, as well as for participants and participants' representatives who receive services from individual providers, including opportunities for individual providers to obtain certification documenting additional training and experience in areas of specialization;
  • (4) Have the authority to provide for the maintenance of a public registry of individuals who have consented to be included to:
  • (i) Provide routine, emergency, and respite referrals of qualified individual providers who have consented to be included in the registry to participants and participants' representatives;
  • (ii) Enable participants and participants' representatives to gain improved access to, and choice among, prospective individual providers, including by having access to information about individual providers' training, educational background, work experience, and availability for hire;
  • (iii) Provide for appropriate employment opportunities for individual providers and a means by which they may more easily remain available to provide services to participants within covered programs;
  • (5) Establish provider qualification standards for the workforce of individual providers, including behavior that would disqualify someone from providing services as an individual provider;
  • (6) Establish other appropriate terms and conditions of employment governing the workforce of individual providers without infringing on participants' or their responsible parties' rights and responsibilities to hire, direct, supervise, and/or terminate the employment of their individual providers; and
  • (7) Establish an advisory board for participants, their representatives and advocates to communicate directly with the director about the provision of quality direct support services in covered programs.
  • (d) The director's authority over terms and conditions of individual providers' employment, including compensation, payment, and benefit terms, employment opportunities within covered programs, individual provider orientation, training, and education opportunities, and the operation of public registries shall be subject to the state's obligations to meet and negotiate under chapters 11 of title 36 and 7 of title 28, as modified and made applicable to individual providers under chapter 11.1 of title 36, and to agreements with any exclusive representative of individual providers, as authorized by chapters 11 of title 36 and 7 of title 28, as modified and made applicable to individual providers under chapter 11.1 of title 36. Except to the extent otherwise provided by law, the director shall not undertake activities in subsections (c)(3) and (c)(4) of this section, prior to October 1, 2018, unless included in a negotiated agreement and an appropriation has been provided by the legislature to the director.
  • (e) The director shall cooperate in the implementation of chapter 11.1 of title 36 with all other relevant state departments and agencies. Any entity providing relevant services within covered programs, including providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing individual providers shall assist and cooperate with the director of the department of human services in the operations of this section, including with respect to the director's obligations under subsections (b) and (f) of this section.
  • (f) The director shall, no later than October 1, 2018, and then monthly thereafter, compile and maintain a list of the names and addresses of all individual providers who have been paid for providing direct support services to participants within the previous six (6) months. The list shall not include the name of any participant, or indicate that an individual provider is a relative of a participant or has the same address as a participant. The secretary shall share the lists with others as needed for the state to meet its obligations under chapters 11 of title 36 and 7 of title 28 as modified and made applicable to individual providers under chapter 11.1 of title 36, and to facilitate the representational processes under §§ 36-11.1-9 and 36-11.1-10. This shall not include access to private data on participants or participants' representatives. Nothing in this section or chapter 11.1 of tile 36 shall alter the access rights of other private parties to data on individual providers.
  • (g) The director shall immediately commence all necessary steps to ensure that services offered under all covered programs are offered in conformity with this chapter, to gather all information that may be needed for promptly compiling lists required under this chapter, including information from current vendors within covered programs, and to complete any required modifications to currently operating covered programs by October 1, 2018.
  • 40-8.14-5. Severability.
  • Should any part of this act be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this act shall remain in full force and effect.
  • SECTION 4. This act shall take effect upon passage.
  • (2) "Director" has the meaning given to it under § 40-8.14-1.
  • (3) "Individual provider" has the meaning given to it under § 40-8.14-1.
  • (4) "Participant" has the meaning given to it under § 40-8.14-1.
  • (5) "Participant's representative" has the meaning given to it under § 40-8.14-1.
  • (6) "Provider representative" has the meaning given to it under § 40-8.14-1.
  • (7) "Secretary" has the meaning given to it under § 40-8.14-1.
  • 40-8.15-2. right of individual providers to choose provider representative – Subject of negotiation.
  • (a) Individual providers may, in accordance with the procedures set forth in § 40-8.15-7, choose a provider organization to be their provider representative and to negotiate with the state, over the terms and conditions of individual providers' participation in providing direct support services, including, but not limited to:
  • (1) Expanding training and professional development opportunities;
  • (2) Improving the recruitment and retention of qualified individual providers;
  • (3) Reimbursement rates and other economic matters;
  • (4) Benefits;
  • (5) Payment procedures; and
  • (6) A grievance resolution process.
  • (b) Nothing in this chapter or in chapter 8.14 of title 40 shall interfere with regulatory authority of the Rhode Island department of health (RIDOH) over individual providers licensing. Individual provider licensing shall be excluded from and not subject to the negotiation process recognized and described in this section.
  • (c) Notwithstanding the above, individual providers must operate in conformance with the relevant sections of the general laws applicable thereto and regulations promulgated by the state.
  • (d) The directors of each department with authority to administer their respective programs shall work in consultation with the secretary regarding the terms and conditions of individual providers' participation in their respective programs including, but not limited to, the terms and conditions in subsection (a) of this section.
  • 40-8.15-3. Good faith negotiations.
  • It shall be the obligation of the director, or a designee, to meet and negotiate in good faith with the provider representative within thirty (30) days after receipt of written notice from the provider representative of the request for a meeting for bargaining purposes. This obligation shall include the duty to cause any agreement resulting from the negotiations to be reduced to a written contract.
  • 40-8.15-4. Unresolved issues – Impasse procedures.
  • In the event that the provider representative and the director, or a designee, are unable to reach an agreement on a contract, or reach an impasse in negotiations, the procedures of §§ 36- 11-7.1 through 36-11-11 shall be followed.
  • 40-8.15-5. Economic aspects of contract subject to legislative appropriation.
  • Any aspects of a contract requiring appropriation by the federal government, the general assembly, or revisions to statutes and/or regulations shall be subject to passage of those appropriations and/or any necessary statutory and/or regulatory revisions.
  • 40-8.15-6. Duty to represent all individual providers fairly – Deduction of membership dues and other voluntary deductions.
  • (a) A provider organization certified as the provider representative shall represent all individual providers in the state fairly and without discrimination, without regard to whether or not the individual provider is a member of the provider organization.
  • (b) Each individual provider may choose whether to be a member of the provider organization. The state, or its designee, shall deduct from payments to care providers membership dues for individual providers who elect to become members and authorize the deduction of membership dues, and any other voluntary deductions authorized by individual providers.
  • 40-8.15-7. Certification and decertification of provider organization.
  • Petitions to certify a provider organization to serve as the provider representative of individual providers, petitions to intervene in such an election, and any other petitions for investigation of controversies as to representation may be filed with and acted upon by the labor relations board in accordance with the provisions of chapter 7 of title 28 and the board's rules and regulations; provided, that any valid petition as to whether individual providers wish to certify or decertify a provider representative shall be resolved by a secret ballot election among individual providers, for which the purpose the board may designate a neutral third party to conduct said secret ballot election.
  • (b) The only appropriate unit shall consist of all individual providers in the state.
  • (c) For purposes of this section, no individual provider shall be deemed excluded from the bargaining unit under § 28-7-3(3)(ii) because they provide care to a family member or because they are in domestic service in a person's home.
  • (d) The cost of any certification election held under this section will be split equally among all the provider organizations that appear on the ballot.
  • 40-8.15-8. Unfair practices.
  • It shall be unlawful for the state to do any of the acts made unlawful under § 28-7-13. It shall be unlawful for the provider representative to do any of the acts made unlawful under § 28- 7-13.1. Any alleged violation of this provision may be filed with the labor relations board as an unfair labor practice and considered and ruled upon in accordance with chapter 7 of title 28 and the board's rules and regulations.
  • 40-8.15-9. Individual providers not state employees.
  • Notwithstanding the state's obligations to meet and negotiate under chapter 7 of title 28, nothing in this chapter shall be construed to make individual providers employees of the state for any purpose, including for the purposes of eligibility for the state employee pension program or state employee health benefits.
  • 40-8.15-10.Right of families to select, direct and terminate individual providers
  • Nothing in this chapter shall be construed to alter the rights of families to select, direct, and terminate the services of individual providers.
  • 40-8.15-11. Strikes not authorized.
  • Individual providers shall not engage in any strike or other collective cessation of the delivery of direct-support services.
  • 40-8.15-12. State action exemption.
  • The state action exemption to the application of state and federal antitrust laws is applicable to the activities of individual providers and their provider representative authorized under this chapter.
  • 40-8.15-13. Severability.
  • Should any part of this chapter be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect.
  • SECTION 3. This act shall take effect upon passage.
  • ========
  • LC004816
  • LC004816/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HUMAN SERVICES – QUALITY SELF-DIRECTED SERVICES – PUBLIC
  • OFFICERS AND EMPLOYEES – INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
  • SERVICES
  • ***
  • This act would enable the creation of a public registry of home health aides giving seniors and individuals living with disabilities another choice when accessing long-term care options. The act would also provide that the state would set wage rates and qualification standards for home health aides on the registry. The act would further provide that these home health aides would have the right to choose to form a union through an election.
  • This act would take effect upon passage. ======== LC004816 ========
  • ***
  • This act would:
  • (1) Enable the creation of a public registry of home health aides giving seniors and individuals living with disabilities another choice when accessing long-term care options;
  • (2) Provide that the state would set wage rates and qualification standards for home health aides on the registry; and
  • (3) Provide that these home health aides would have the right to choose to form a union through an election.
  • This act would take effect upon passage. ======== LC004816/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE PASSAGE OF AMENDMENT

June 22, 2018 at 9:12pm
Yeas: 66 / Nays: 0 / Not voting: 9 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale NV
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight NV
Rep. Lancia Y
Rep. Lima NV
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin NV
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for PASSAGE AS AMENDED

June 22, 2018 at 9:12pm
Yeas: 59 / Nays: 11 / Not voting: 5 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca N
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo N
Rep. Newberry N
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price N
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage In Concurrence

June 23, 2018 at 5:05pm
Yeas: 28 / Nays: 3 / Not voting: 4 / Recused: 2
Legislator Vote
Sen. Algiere NV
Sen. Archambault R
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley NV
Sen. Cote NV
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee N
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan N
Sen. Nesselbush Y
Sen. Paolino R
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis N
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y