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Rhode Island General Laws 40-8.9-1. Findings

     

(a)  The number of Rhode Islanders in need of long-term-care services continues to rise substantially, and the quality of life of these Rhode Islanders is determined by the capacity of the state to ensure equitable access to the full array of services and supports required to meet their healthcare needs and maintain their independence.

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Terms Used In Rhode Island General Laws 40-8.9-1

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

(b)  It is in the interest of all Rhode Islanders to endorse and fund statewide efforts to build a fiscally sound, dynamic, and resilient long-term-care system that fosters: consumer independence and choice; the delivery of high-quality, coordinated services; the financial integrity of all participants-purchasers, payers, providers, and consumers; and the responsible and efficient allocation of all available public and private resources, including preservation of federal financial participation.

(c)  It is in the interest of all Rhode Islanders to assure that rates paid for community-based long-term-care services are adequate to assure high quality and support workforce recruitment and retention.

(d)  It is in the interest of all Rhode Islanders to improve consumers’ access information regarding community-based alternatives to institutional settings of care.

(e)  It is in the best interest of all Rhode Islanders to maintain a person-centered, quality driven, and conflict-free system of publicly financed long-term services and supports that is responsive to the goals and preferences of those served.

History of Section.
P.L. 2006, ch. 263, § 1; P.L. 2006, ch. 286, § 1; P.L. 2023, ch. 79, art. 9, § 7, effective June 16, 2023.

Rhode Island General Laws 40-8-9.1. Notice

     

Whenever an individual who is receiving medical assistance under this chapter transfers an interest in real or personal property, the individual shall notify the executive office of health and human services within ten (10) days of the transfer. The notice shall be sent to the individual’s local office and the legal office of the executive office of health and human services and include, at a minimum, the individual’s name, social security number or, if different, the executive office of health and human services identification number, the date of transfer, and the dollar value, if any, paid or received by the individual who received benefits under this chapter. In the event an individual fails to provide notice required by this section to the executive office of health and human services and in the event an individual has received medical assistance, any individual and/or entity, who knew or should have known that the individual failed to provide the notice and who receives any distribution of value as a result of the transfer, shall be liable to the executive office of health and human services to the extent of the value of the transfer. Moreover, any such individual shall be subject to the provisions of § 40-6-15 and any remedy provided by applicable state and federal laws and rules and regulations. Failure to comply with the notice requirements set forth in the section shall not affect the marketability of title to real estate transferred while the transferor is receiving medical assistance.

History of Section.
P.L. 2012, ch. 241, art. 11, § 6.

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Terms Used In Rhode Island General Laws 40-8-9.1

  • Personal property: All property that is not real property.
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10