§ 40-8.15-16. Implementation.
(a) For purposes of this section, the independent provider (IP) program and the personal
choice program shall have the meanings that were set forth in 210-RICR-50-10-2.2(A)(1) and (A)(2) as of the effective date of the personal choice in self-directed personal care services
act of 2023.
(b) The secretary shall merge the independent provider program into the personal choice
program, so that as of the date of implementation the independent provider program
will cease operations. All new Medicaid LTSS participants seeking self-directed personal
care services in a program included under this act will be enrolled in the personal
choice program if all necessary requirements are met. The secretary shall transition
independent provider participants opting to continue self-direction into the personal
choice program no later than the date of their annual reassessment.
(1) The secretary shall make all changes to regulations and practices as needed to implement
this merger.
(2) The secretary within one hundred twenty (120) days of the effective date of this act
shall apply for any necessary federal approvals, including the submission of any necessary
Medicaid state plan amendments to the federal Centers for Medicare & Medicaid Services.
(c) Once the secretary has implemented the merger of the programs, and no later than one
hundred twenty (120) days after any necessary federal approvals are obtained, the
secretary shall certify that the personal choice self-directed personal care services
act of 2023 has been implemented. The date of that certification shall be the "date
of implementation� for all provisions of this chapter.
(d) Within ninety (90) days of the effective date of the personal choice self-directed
personal care services act of 2023, any provider organization that has previously
been certified to serve as the provider representative of any individual providers
pursuant to § 40-8.15-7 shall be furnished by the secretary with contact information for every person providing
self-directed personal care services under the personal choice program. The secretary
shall provide any such provider organization with updated contact information every
sixty (60) days thereafter.
(e) Any provider organization that has previously been certified to serve as the provider
representative of any individual providers pursuant to § 40-8.15-7 may, prior to the date of implementation, petition to be certified as the provider
representative of the bargaining unit that will be comprised of all the individual
providers in the personal choice program after the date of implementation. The secretary
shall hold an election to determine whether such a provider organization shall be
certified as the provider representative for that bargaining unit upon a ten percent
(10%) showing of interest. All persons who are providing self-directed services under
the personal choice program shall be considered part of the bargaining unit for purposes
of the showing of interest and shall be eligible to vote in the certification election.
If a majority of those casting ballots vote to be represented by that provider organization,
then the provider organization shall be certified as the provider representative to
negotiate with the state over the terms and conditions of individual providers' participation
in providing self-directed personal care services for all individual providers in
the state as of the date of implementation. The provisions of this chapter shall otherwise
apply.
(f) Nothing in this act shall be construed to alter or limit the rights of participants
and their representative to select, direct, and terminate the services of individual
providers or to determine individual providers' wages within a range set by the secretary,
or to alter or limit the secretary's authority to administer the personal choice program
including to adopt rules and operate the program, to determine participant budgets,
to determine eligibility, or to authorize services, except as specifically set forth
in this chapter.
(g) Nothing in this act shall be construed to affect the administration or delivery of
self-directed programs for individuals with intellectual disabilities.
(h) No provision of any agreement or award resulting from collective bargaining and negotiations
under this act shall provide for a reduction in Medicaid federal financial participation
under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., nor shall any provision of any agreement or award provide for a reduction
in the self-directed personal care services for eligible personal choice program Medicaid
LTSS participants. Any provision in any agreement or award that would require an
additional appropriation in order to maintain the levels of services provided by existing
appropriations shall be subject to the annual budget process.