§ 40.1-21-4. Powers and duties of director of behavioral healthcare, developmental disabilities and hospitals. (a) The director of behavioral healthcare, developmental disabilities and hospitals shall be responsible for planning and developing a complete, comprehensive, and integrated statewide program for the developmentally disabled; for the implementation of the program; and for the coordination of the efforts of the department of behavioral healthcare, developmental disabilities and hospitals with those of other state departments and agencies, municipal governments as well as the federal government and private agencies concerned with and providing services for the developmentally disabled.

(b) The director shall be responsible for the administration and operation of all state-operated community and residential facilities established for the diagnosis, care, and training of the developmentally disabled. The director shall be responsible for establishing standards in conformance with generally accepted professional thought and for providing technical assistance to all state-supported and licensed habilitative, developmental, residential and other facilities for the developmentally disabled, and exercise the requisite surveillance and inspection to ensure compliance with standards. Provided, however, that none of the foregoing shall be applicable to any of the facilities wholly within the control of any other department of state government.

(c) The director of behavioral healthcare, developmental disabilities and hospitals shall stimulate research by public and private agencies, institutions of higher learning, and hospitals, in the interest of the elimination and amelioration of developmental disabilities, and care and training of the developmentally disabled.

(d) The director shall be responsible for the development of criteria as to the eligibility for admittance of any developmentally disabled person for residential care in any department supported and licensed residential facility or agency.

(e) The director of behavioral healthcare, developmental disabilities and hospitals may transfer developmentally disabled adults from one state residential facility to another when deemed necessary or desirable for their better care and welfare.

(f) The director of behavioral healthcare, developmental disabilities and hospitals shall make grants-in-aid and otherwise provide financial assistance to the various communities and private nonprofit agencies, in amounts that will enable all developmentally disabled adults to receive developmental and other services appropriate to their individual needs.

(g) The director shall coordinate all planning for the construction of facilities for the developmentally disabled, and the expenditure of funds appropriated or otherwise made available to the state for this purpose.

(h) To ensure individuals eligible for services under § 40.1-21-4.3 receive the appropriate medical benefits through the executive office of health and human services' Medicaid program, the director, or designee, will work in coordination with the Medicaid program to determine if an individual is eligible for long-term-care services and supports and that he or she has the option to enroll in the Medicaid program that offers these services. As part of the monthly reporting requirements, the department will indicate how many individuals have declined enrollment in a managed care plan that offers these long-term care services.

History of Section. (P.L. 1967, ch. 223, § 1; G.L. 1956, § 23-43-3; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-4; P.L. 1979, ch. 39, § 1; G.L. 1956, § 40.1-21-4; P.L. 1987, ch. 181, § 2; P.L. 1995, ch. 122, § 1; P.L. 2006, ch. 216, § 30; P.L. 2018, ch. 47, art. 13, § 5.)