Section 218-RICR-40-00-5.1 - General Provisions5.1.1PrefaceA. These standards supersede any and all prior rules, regulations and standards relating to the certification of agencies providing case management services promulgated pursuant to R.I. Gen. Laws § 42-66.6-4. They have been promulgated to ensure that basic statutory requirements for serving frail elderly and adult disabled clients are met. In order to comply with these rules, regulations and standards, the agency must present sufficient evidence that the overall philosophy, objectives and services are responsive to the needs of those served; that the staff is adequate in number and properly trained to carry out the goals of the program; and that the physical plant meets safety and accessibility standards.B. The issuance of a certificate requires compliance with these rules, regulations and standards. Under no circumstances does such a certificate commit the Division of Elderly Affairs or the State of Rhode Island to any funding of any program or agency.C. Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the standards: 1. alternative approaches to the standards;2. duplication or overlap with other state regulations; and3. significant economic impact.4. No alternative approach was identified; nor any duplication or overlap. Furthermore, the protection of the health, safety, and welfare of the public necessitates the adoption of the standards despite any economic impact which may be incurred as a result of these standards.D. All questions arising out of these rules, regulations and standards shall be governed by the laws of the State of Rhode Island.5.1.2Statutory Authority Statutory authority for the present rules, regulations and standards is found in R.I. Gen. Laws §42-66.6.3 (b) and in R.I. Gen. Laws §42-66-6.4.
5.1.3Mission StatementThe Rhode Island Division of Elderly Affairs was established in 1977 (R.I. Gen. Laws § 42-66-1) in response to the growing needs of Rhode Island's older population. The Division's mission is to preserve the independence, dignity, and capacity for choice for seniors, adults with disabilities, families and caregivers.
5.1.4Applicability These rules, regulations and standards apply to all agencies and programs that receive any state or federal funding to provide case management services to the elderly. All references within these rules and regulations are incorporated by reference and have the same force and effect as if promulgated herein. The provisions of these rules, regulations and standards do not apply to any agency or program certified or licensed by any appropriate state agency under other statutory authority. Questions regarding applicability of these rules, regulations and standards to particular programs, agencies or facilities should be addressed to the Director, Division of Elderly Affairs.
218 R.I. Code R. 218-RICR-40-00-5.1