With the dust settling after the adjournment of the 2019
legislative session on June 30, 2019, Rhode Island Governor Gina
Raimondo halfheartedly signed the state’s 2020 fiscal year $9.9 billion
budget into law.
The newly enacted budget closes a $100 million budget gap while
avoiding new taxes for businesses, fully funding the state’s education
aid formula, continuing to phase-out the car-tax, maintaining fiscal
support for municipalities. And, lawmakers did not forget older Rhode
Islanders and disabled persons, putting tax dollars into programs
assisting them.
Included in the state budget signed by Raimondo is $499,397 to fund
the Rhode Island Livable Home Modification Grant Act that was introduced
by Rep. Joseph M. McNamara, D-Warwick, Cranston and Sen. Walter S.
Felag Jr., D-Bristol, Tiverton, Warren. The grant allows eligible
homeowners and renters to retrofit their residence to nationally
recognized accessibility standards and receive 50 percent of the total
sum spent, up to $5,000, to retrofit their existing residence. The
intent of this state program is to assist older Rhode Islanders and
disabled persons to stay safely in their homes longer rather than being
admitted to costly nursing homes, which costs taxpayers millions of
dollars each year in Medicaid costs. With the graying of state’s
population, there is a need for housing that is safe and adapted to the
needs of their older occupants. (The Livable Home Modification Grant
Application and Post-Retrofit Claim form can be found atwww.gcd.ri.gov.)
Meanwhile, aging advocates gave the thumbs-up to Rhode Island
lawmakers who eliminated a sunset provision in the state budget for a
program that provides fare-free bus passes to low-income seniors and
elderly Rhode Islanders, making this program permanent.
Awaiting the governor’s signature
The General Assembly passed legislation (S 0691A, H 6219), introduced
by Senator Frank S. Lombardi, D-Cranston and Rep. Evan P. Shanley,
D-Warwick, that would help caregivers to build onto their houses to
provide space for relatives. The measure now moves to the governor’s
office for consideration. The legislation expands the definition of
family member for purposes of zoning ordinances to include child,
parent, spouse, mother-in-law, father-in-law, grandparents,
grandchildren, domestic partner, sibling, care recipient or member of
the household.
Under the legislation, the appearance of the home would remain that
of a single-family residence with an internal means of egress between
the home and the accessory family dwelling unit. If possible, no
additional exterior entrances would be added. Where additional entrance
is required, placement would generally be in the rear or side of the
structure. This legislative session, State lawmakers also approved
legislation sponsored by Sen. Adam J. Satchell D-West Warwick and Rep.
Robert E. Craven, D-North Kingstown, to establish a formal process
recognizing supported decision making, a structure of support for
disabled or aging individuals. The legislation, which now heads to the
governors desk, establishes a system of personal support that is less
restrictive than guardianship to help individuals maintain independence
while receiving assistance in making and communicating important life
decisions. It is aimed at providing an alternative with more
self-determination for individuals who are aging or who have
developmental or intellectual disabilities. Under the bill (2019-S
0031A, 2019-H5909), Rhode Islanders would be able to designate another
person, or a team of people, as a supporter who would help them gather
and weigh information, options, responsibilities and consequences of
their life decisions about their personal affairs, support services,
medical or psychological treatment, education and more. The supporter
would also help the individual communicate the persons wishes to those
who need to know. The legislation creates a legal form that establishes
the agreement between individuals and their supporters, and designates
the types of decisions with which the supporter is authorized to help.
The bill establishes that decisions made with support under such an
agreement are legally valid, and allows supporters to assist with the
accessing of an individuals confidential health and educational records.
It also requires that any other person who is aware that an individual
is being abused, neglected or exploited by their supporter is obligated
to report that abuse to the proper authorities.
Protecting Rhode Island’s seniors, disabled from financial exploitation
Sen. Valarie J. Lawson, D-East Providence and Rep. Joe Serodios
D-East Providence, legislation (2019-0433A, 2019-H 6091A), Senior
Savings Protection Act, was passed by the General Assembly and now heads
to the Governor’s desk for signature. The act would require certain
individuals to report the occurrence or suspected occurrence of
financial exploitation of persons who are age 60 and over or those with a
disability between the ages of 18 and 59 years old. According to the
legislation, if a qualified individual, a person associated with a
broker-dealer who serves in a supervisory, compliance or legal capacity,
believes that financial exploitation is taking place, or being
attempted, the individual must notify Rhode Island’s Department of
Business Regulation and Division of Elderly Affairs, and law
enforcement. The individual may also alert immediate family members,
legal guardians, conservators, or agents under a power of attorney of
the person possibly being financially exploited. The legislation also
calls for the Department of business Regulation and the Division of
Elderly Affairs to develop websites that include training resources to
assist in the prevention and detection of financial exploitation against
Rhode Islands seniors and disabled.
Combating Alzheimer’s disease
With the number of persons with Alzheimer’s disease expected to
increase in the coming years, the General Assembly approved bills to
better support Rhode Islanders affected by debilitating mental disorder
and to protect against elder abuse. There are an estimated 23,000 Rhode
Islanders age 65 and older living with Alzheimer’s disease. In just six
years, the number is expected to increase to 27,000.
The Rhode Island General Assembly approved legislation (20223, 2019-H
5178) sponsored Sen. Senator Cynthia A. Coyne, D-Barrington, Bristol,
East Providence, and House Majority Leader K. Joseph Shekarchi,
D-Warwick, to establish a program within the Department of Health
dedicated to Alzheimer’s disease, and create a 13-member advisory
council that would provide policy recommendations, evaluate state-funded
efforts for care and research and provide guidance to state officials
on advancements in treatment, prevention and diagnosis. The bill is
based on legislation signed into law last year in Massachusetts. The
legislation requires the Department of Health to assess all state
programs related to Alzheimer’s, and maintain and annually update the
states plan for Alzheimer’s disease. It would also require the
Department of Health to establish an Alzheimer’s disease assessment
protocol specifically focused on recognizing the signs and symptoms of
cognitive impairments, and appropriate resource information for
effective medical screening, investigation and service planning. The
legislation would also require caseworkers working with the Department
of Elderly Affairs to become familiar with those protocols.
Additionally, the legislation would require a one-time, hour-long
training on diagnosis, treatment and care of patients with cognitive
impairments for all physicians and nurses licensed in the state. Most
importantly, adoption of the legislation would enable Rhode Island to
qualify for federal funding that is available to help states with their
efforts to support those with Alzheimer’s disease. Also gaining final
Rhode Island General Assembly approval was legislation (2019-S 0302A,
2019-H 5141) sponsored by Sen. Coyne and Rep. Joseph M. McNamara,
D-Warwick, Cranston, to allow the spouses or partners of patients
residing in Alzheimer’s or dementia special care unit or program to live
with them, even if they do not meet the requirements as
patients-themselves.
Finally, Sen. Coyne, who lead the Senates Special Task Force to Study
Elderly Abuse and Financial Exploitation, successfully spearheaded an
effort this session to pass legislative proposals to beef up the states
efforts to combat elder abuse, that is growing and vastly under
reported. For details, go to herbweiss.wordpress.com, to access the June
30 commentary, Senate Task Force Calls for Action to Combat States
Growing Elder Abuse.
Full Article & Source:
Legislation approved this session to assist seniors, disabled
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