Published: Tue, 21 Feb 2017 16:31:18 -0500
Tue, 21 Feb 2017 16:31:18 -0500Technical Revision regarding harvest of horseshoe crabs. Regulations filed as a result of public hearing held November 14, 2016 were inaccurate in one instance involving compliance requirements for the return of horseshoe crabs bled in the bio-medical industry. The Director decision based on recommendation from RIMFR placed compliance on dealers and not harvesters; regulations currently maintain compliance with the harvester. This was an oversight when filing the regulations
Tue, 21 Feb 2017 16:31:18 -0500Statement of Purpose: The proposed regulations update standards for the implementation of the medical marijuana program and other changes mandated pursuant to PL 2014-515, PL 2014-145, Article 15 § 3, PL 2016-415, PL 2016-142, Article 14. Summary of Comments and Rhode Island Department of Health (RIDOH) Responses: The RIDOH reviewed the comments received during the public comment period, including written, emailed, and the public hearing transcript. The RIDOH is limiting its summary to the comments received regarding the RIDOHs proposed regulations. Its summary does not include comments received concerning the Rhode Island Department of Business Regulations (DBRs) proposed regulations. 1. Commentary was received stating concerns about the RIDOHs statutory authority to provide background check. RIDOH Response: These concerns were considered by RIDOHs legal counsel and rejected, as the RIDOH interprets RIGL § 21-28.6-6 (e) (1) to provide sufficient legal authority. 2. Testimony was received requesting the RIDOH for safe harbor access to test for pesticides and fungicides in the state of Massachusetts. RIDOH Response: The RIDOH laboratory testing requirements will be addressed separately through a second set of RIDOH regulations. The RIDOH anticipates that these regulations will be available for public comment in early 2017. These regulations will also include requirements related to dosage. 3. Commentary was received expressing concerns about expedited applications for chemotherapy and hospice patients. Specifically, it was noted that PL 2016-415 (H-7142) states that patients who are eligible for hospice care qualify for expedited applications. Further, the statute states that patient and caregiver registration fees for such patients be waived. RIDOH Response: The RIDOH is in the process of changing its application to state patient is eligible for hospice, and that there is no fee for such patients and their caregivers. Currently, if a physician checks patient is in hospice, the RIDOH expedites the application. When the RIDOH receives an application from a hospice patient and/or caregiver of a hospice patient, the RIDOH sends the check back to the patients with an explanation that there is no fee. 4. Commentary was received regarding the requirement that primary caregivers be Rhode Island residents. RIDOH Response: The RIDOH declines to make any changes in response to this commentary because the RIDOH does not have authority to regulate any activities related to the marijuana program outside of the state of Rhode Island. Although as of January 1, 2017, primary caregivers who apply for registration must be a resident of Rhode Island, caregivers who received registrations prior to and including December 31, 2016 will be required to be a resident of Rhode Island when their registration is up for renewal. The statute includes this process to provide time for patients and caregivers to transition to the new residency requirement. 5. Testimony was received regarding requirements for written certifications to include a copy of relevant medical records. Clarification was requested as to what will constitute a relevant medical record. RIDOH Response: The RIDOH does not have the desire or capacity to request extensive medical records. The RIDOH will describe what a relevant medical record is on its application and relevant guidance documents. In essence, however, the RIDOH will expect to receive the physicians medical note or statement that captures the patients qualifying medical condition. The RIDOH will reserve the right to, on a case by case basis, request additional information which will be reviewed by a RIDOH physician. The RIDOH has longstanding experience and expertise managing confidential health care information for numerous public health programs. 6. Testimony and commentary were received regarding the sections of the proposed regulations describing practitioner responsibilities. It was noted that the requirements ar[...]
Tue, 21 Feb 2017 16:31:18 -05001.2(A)5: During codification, the content of line 5 was accidentally a duplicate of line 4. The proposed rules during promulgation contained the correct content of line 5. It should read: 5. To maintain contact with state, municipal and regional authority, agency, board, commission, public or quasi-public corporation, fire district and other special district bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. 1.8(D)(8)(f): Reference in this line states Except as provided in (v) During codification, the letter changed from (v) to (e). it should read: f. Except as provided in (e), above, upon request by any bond issuer, or upon its own initiative, the Board may at any time, after hearing, modify, amend or repeal any allocation. 1.15(B): There are two grammatical errors which do not affect the meaning of the section. The section reads: B. Whether the petition requests the enactment of a rule, the proposed rule must be set out in full. The petition must also include all the reasons for the proposed rule together with briefs of any applicable law. Where no petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question must be set out as well as suggested amended form, if any. The petition must include all reasons for the requested amendment or repeal of the rule. It should read: B. When the petition requests the enactment of a rule, the proposed rule must be set out in full. The petition must also include all the reasons for the proposed rule together with briefs of any applicable law. Where a petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question must be set out as well as the suggested amended form, if any. The petition must include all reasons for the requested amendment or repeal of the rule. 1.16: While we understand that this section need not include the portion starting with Notice Given: and ending with Effective Date, the Effective date is incorrect. It reads: Effective Date: October 26, 2017. It should read: Effective Date: October 26, 2016
Tue, 21 Feb 2017 16:31:18 -0500During RIDEMs promulgation of the HW regulations in September 2016, we initially proposed to add a provision relating to record keeping to Rule 5.8. As a result of public comments, we elected to remove that sentence from the proposed regulations, as was reflected in Response 3 on page 3 of our Response to Comments document. When RIDEM submitted the final rules for filing, however, that sentence was inadvertently left in. This technical amendment removes the sentence that was never intended to be included.
Tue, 21 Feb 2017 16:31:18 -0500The Board of Elections proposes substantive changes to its Rules and Regulations for Polling Place Conduct to allow for bake sales at polling place on primary and election days, consistent with R.I. Gen. Laws 17-19-21.1 and is also amended to add various term and definitions to regulate polling place conduct to ensure that the elections remain orderly and efficient. As a result of the hearing in Section 2 under Election Official the word Felony was removed and left crime which involves moral turpitude.
Tue, 21 Feb 2017 16:31:18 -0500The purpose of these proposed amendments is to effectuate the requirements of the Rhode Island Bridge Replacement, Reconstruction and Maintenance Fund Act of 2016, as enacted in Public Law 2016, ch. 3 (H7409 Substitute A, as amended), requiring the State to conform with § 37-14.1-6 in awarding project under the Fund. Further, an additional purpose is to implement recommendations to streamline the appeals process for certification. No changes were made to the proposed regulations during the APA rulemaking process.
Tue, 21 Feb 2017 16:31:18 -0500The purpose of these rules and regulations is to implement the Rhode Island component of Phase Three of the Consensus Plan for the Distribution of Federal Northeast Multispecies [Groundfish] Fishery Disaster Funds (hereinafter, the Phase Three Program). The three-phase Consensus Plan provides economic relief to mitigate losses resulting from the Northeast Multispecies Fishery Disaster declared by the U.S. Secretary of Commerce in September 2012. For this Phase Three Program, the Rhode Island Department of Environmental Management (hereinafter, the Department) will disburse 5,092 in federal aid to assist those engaged in the Rhode Island groundfish community who were significantly adversely affected by the groundfish disaster. Additionally, ,566 will be made available for the development and implementation of a crew recruitment and training program. The framework for disbursement, which these rules and regulations codify, is set forth in the grant titled Rhode Island State Disaster Assistance Plan Bin 3, which was approved by NOAA Fisheries on February 22, 2016 (Grant #NA16NMF4540006).
Tue, 21 Feb 2017 16:31:18 -0500The Secretary of the Executive Office of Health & Human Services (EOHHS) has adopted a new Section of the Medicaid Code of Administrative Rules entitled, #1475: Managed Care Service Delivery Options for Elders and Adults with Disabilities and Long-Term Care Beneficiaries.
Tue, 21 Feb 2017 16:31:18 -0500The Secretary of the Executive Office of Health & Human Services (EOHHS) has repealed MCAR Section 0399.21 entitled, Program for All-Inclusive Care for the Elderly (PACE). This section will be superseded by pertinent sections of the newly adopted MCAR Section #1475 entitled, Managed Care Service Delivery Options for Elders and Adults with Disabilities and Long-Term Care Beneficiaries.
Tue, 21 Feb 2017 16:31:18 -0500This Technical Revision is being filed to correct a typo on the Federal Poverty Level Guidelines in the previously filed rule. The correction was made in ADDENDUM 2 FAMILY SHARE/CO-PAYMENT FAMILY SHARE INCOME RELATIVE TO THE FAMILY SHARE Level 0, for Family Size 6 read 35,580, but has been corrected to read 32,580. No changes were made to the regulatory language of this rule.
Tue, 21 Feb 2017 16:31:18 -0500This regulation would establish a moratorium on the filing of ethics complaints against declared candidates for elective office during a 90-day period leading up to a general or special election. The purpose of the regulation is to prevent the filing of complaints that are politically timed to influence elections. Any valid complaint may be filed and investigated following the moratorium period. This limitation does not apply to the Ethics Commission itself, which may continue to investigate potential violations of the Code of Ethics and initiate its own complaints at any time. There are no differences, substantive or otherwise, between the proposed rule and the final rule as adopted.
Tue, 21 Feb 2017 16:31:18 -0500Definition and documentation of Common-Law Spouse Definition of Immediate Family Changes to who can visit an inmate, and the approval process for certain requests for visits Changes made to contact visits for inmates charged with or convicted of sexual crimes involving a minor Update to Hospital Visits Update to Professional Visits
Tue, 21 Feb 2017 16:31:18 -0500The first proposed amendment is an effort to update Regulation 12.03 (B) (1)&(2) by expanding from 30,000 gross weight tonnage to 35,000 gross weight tonnage those vessels that a probationary pilot is authorized to pilot. The second proposes an amendment of Rule 15.13 which would increase by 2% on January 1, 2017 the pilotage rate, increase by 2% on January 1, 2018 and increase by 2% on January 1, 2019. The third proposed amendment proposes the deletion of Rule 15.15 (E) of the regulations governing pilot fatigue. The only change (other than typos) resulting from the hearing process was to Section 15.13. The regulations as proposed provided for an increase in the pilotage fee in the amount of 2% per annum beginning on January 1, 2017, on January 1, 2018, and on January 1, 2019. The Commission opted to modify the final regulations by reducing the increase from 2% on January 1, 2017, 2% on January 1, 2018, and 2% on January 1, 2019, to provide for an increase of 2% on January 1, 2017, 1% on January 1, 2018, and 2% on January 1, 2019.
Tue, 21 Feb 2017 16:31:18 -0500Addition of RIDOC Legal Counsel to the list of those RIDOC staff who may read non-privileged mail Refined the review process for publications in question to make more consistent Use of 1 internal form to track publications in question Change to the definition of sexually explicit material
Tue, 21 Feb 2017 16:31:18 -0500The purpose of these regulations is to establish rules and regulations for the implementation and administration of the Direct Deposit Payroll System for State Employees. Unless granted a Waiver, all State Employees must participate in the Direct Deposit Payroll System. These rules and regulations also govern designating a Direct Deposit Account or obtaining a Waiver. There were no changes from the proposed regulations.
Tue, 21 Feb 2017 16:31:18 -0500The purpose of this filing is to regulate the freshwater fishing season and bag limits annually.
Tue, 21 Feb 2017 16:31:18 -0500This Technical Revision includes the hours for waterfowl hunting which were unintentionally omitted in the previous filing. The purpose of this annual adoption of hunting regulations is to establish the hunting season, the setting of possession limits and the regulations that govern the manner of hunting for the 2016 - 2017 season.
Tue, 21 Feb 2017 16:31:18 -0500The Foster and Adoption Regulations for Licensure are amended to align the fire safety requirements for foster and adoptive parents' homes with the requirements for private residences. The superseded regulations required that kinship, foster, and adoptive parents homes comply with fire and lead standards that are far more stringent than what is required for residents without a foster child placement. Home settings, like kinship and family foster care, are not institutional settings and should not be held to such standards.
Tue, 21 Feb 2017 16:31:18 -0500The purpose of this amendment is to make changes described in detail in the Concise Summary attached hereto.
Tue, 21 Feb 2017 16:31:18 -0500The Secretary of the Executive Office of Health & Human Services (EOHHS) amended the Medicaid Code of Administrative Rules (Regulations) Section 1309, RIte Care Program in order to incorporate home stabilization program provisions. This rule was previously filed as an emergency, effective March 30, 2016. Under the implementing federal statute, Housing and Urban Development Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, states may offer Medicaid coverage to individuals who are in need of tenancy support services in order to facilitate independence, reduce homelessness, and improve health. These benefits are targeted to persons whose current housing situation is jeopardized, who may be in unsafe living conditions, and may be at risk for homelessness.
Tue, 21 Feb 2017 16:31:18 -0500The Secretary of the Executive Office of Health & Human Services (EOHHS) amended the Medicaid Code of Administrative Rules (Regulations) Section 1310, Rhody Health Partners for MACC Group Adults - 19 to 64 in order to incorporate home stabilization program provisions. This rule was previously filed as an emergency, effective March 30, 2016. Under the implementing federal statute, Housing and Urban Development Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, states may offer Medicaid coverage to individuals who are in need of tenancy support services in order to facilitate independence, reduce homelessness, and improve health. These benefits are targeted to persons whose current housing situation is jeopardized, who may be in unsafe living conditions, and may be at risk for homelessness.
Tue, 21 Feb 2017 16:31:18 -0500This regulation implements Chapters 44-18, 44-19, and 42-63.1 of the Rhode Island General Laws. These Chapters provide for Sales and Use Taxes Liability and Computation and Sales and Use Taxes Enforcement and Collection in regard to room rentals by hotels, rooming homes, tourist camps, room resellers and hosting platforms.
Tue, 21 Feb 2017 16:31:18 -0500The Executive Office of Health & Human Services (EOHHS) is filing this "emergency" amendment to rule #0392 "Post-Eligibility Treatment of Income" in order to incorporate recent changes to the federal 2016 Medicaid "Spousal Impoverishment Standards", the updated minimum monthly maintenance needs allowance (MMMNA), and the monthly housing allowances for community spouses that become effective July 1, 2016.
Tue, 21 Feb 2017 16:31:18 -0500The state's budget was recently passed by the Assembly and signed by the Governor amending RIGL 42-17.1-9.1. This statute authorizes DEM to promulgate regulations to charge parking fees on a daily or annual basis at any state beach or recreational area. The recent amendment modified RIGL 42-17.1-9.1(e) to reduce beach parking fees to those effective before July 1, 2011, thus denying DEM the statutory authority to administer the current regulations without this proposed regulatory amendment. The only means by which DEM can promulgate the above regulatory change effective July 1, 2016 as mandated is via emergency rulemaking. Otherwise, the regulations would be rendered void due to the absence of statutory authority. Thus, the Department would be unable to impose any charges or fees at state beaches or recreational areas; which would, thereby, deny the Department the ability to control entrance into these areas, and create bedlam and an imminent peril to the public safety and welfare.
Tue, 21 Feb 2017 16:31:18 -0500AN EMERGENCY REGULATION REQUIRING ALL PERSONS INVOLVED IN THE HARVEST OF CULTURED SHELLFISH IN RHODE ISLAND WATERS TO PROTECT THE HEALTH AND SAFETY OF THE CITIZENS OF THE STATE, THE REPUTATION AND GOODWILL OF THE AQUACULTURE INDUSTRY, AND THE FINANCIAL STABILITY OF THE AQUACULTURE INDUSTRY BY ENSURING THAT ALL HARVESTED SHELLFISH ARE PROVIDED WITH SUFFICIENT TEMPERATURE CONTROLS TO MITIGATE THE RISK OF DISEASE TRANSMISSION TO PEOPLE WHO CONSUME THE SHELLFISH.