SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-66.14-1. Short title. This chapter shall be known and may be cited as the "Office of the Elder Advocate Act". 42-66.14-2. Purpose. Older adults are the fastest-growing population in Rhode Island; however, their voices are often fragmented across agencies and programs. While the long-term care ombudsman can address the rights of residents living in licensed long-term care facilities, the majority of older adults– those living in their own homes and independent housing– lack a dedicated, independent advocate able to protect their rights. The purpose of the elder advocate is to promote the rights, dignity, and well- being of older Rhode Islanders holistically across settings including, but not limited to, issues relating to age discrimination, financial exploitation, housing, access to benefits, guardianship and identifying systemic service gaps. 42-66.14-3. Definitions. As used in this section:
(1) "Elder advocate" means the person provided for in § 42-66.14-4.
(2) "Office" means the office of the elder advocate.
(3) "Older adult" means an individual sixty (60) years of age or older. 42-66.14-4. Establishment -- Appointment -- Term.
(a) The office of the elder advocate is hereby established.
(b) The governor, with the advice and consent of the senate, shall appoint a member of the bar who has practiced law for at least five (5) years in Rhode Island to fill the office of the elder advocate. The appointee shall be a person qualified by training and experience in legal matters pertaining to elder rights, government benefits, elder abuse and neglect, and guardianship.
(c) The elder advocate shall hold office for a term of five (5) years and shall continue to hold office until their successor is appointed and qualified. 42-66.14-5. Duties.
(a) The elder advocate and/or designee shall have the following duties:
(1) Receive and respond to complaints from individual older adults regarding issues related to infringement of their rights;
(2) Advocate for systemic improvements in aging services and protections;
(3) Monitor state agencies and programs for elder responsiveness and equity;
(4) Educate the public on elder rights, services, and protections;
(5) Convene stakeholders, including older adults, caregivers, and community leaders; and
(6) Refer individual facility complaints to the long-term care ombudsman, while retaining authority over broader systemic issues. 42-66.14-6. Authority.
(a) The elder advocate and/or designee shall have the right and power to:
(1) Communicate privately, by mail or orally, with any older adult seeking assistance from the office for matters related to infringement of their rights;
(2) Where authorized, access, inspect, copy, and/or subpoena documents in the custody of:
(i) Clerks of the family and probate courts;
(ii) Law enforcement agencies;
(iii) Healthcare providers within and beyond the State of Rhode Island with whom an older adult has sought or received medical attention or treatment;
(iv) State agencies; and
(v) Any other public or private entity.
(3) Take whatever steps are appropriate to see that persons are made aware of the services of the office, its purpose, and how it can be contacted; and
(4) Apply for and accept grants, gifts, and bequests of funds from state agencies, other states, federal and interstate agencies and independent authorities, and private firms, individuals and foundations, for the purpose of carrying out the provisions of § 42-66.14-2. Such funds shall be deposited with the general treasurer in a restricted receipt account established within the office to permit funds to be expended in accordance with the provisions of the grant or bequest. 42-66.14-7. Designees of elder advocate. The elder advocate may appoint staff and designees as may be deemed necessary, whose powers and duties shall be those imposed upon the elder advocate by law and shall be performed under and by the advice and direction of the elder advocate. 42-66.14-8. Appropriations.
(a) The general assembly shall annually appropriate such sums as it may deem necessary for payment of:
(1) The salary of the elder advocate;
(2) The salaries of the person(s) appointed pursuant to § 42-66.14-7;
(3) Legal and administrative assistance as may be necessary; and
(4) Office expenses and other actual expenses incurred by the elder advocate in the performance of the elder advocate's duties.
(b) The state controller is hereby authorized and directed to draw their orders upon the general treasurer for the payment of the sum(s) provided for in subsection (a) of this section, as may from time to time be required, upon receipt of proper vouchers approved by the elder advocate. 42-66.14-9. Reporting. Annually, the elder advocate shall submit a detailed report analyzing the work of the office and any recommendations resulting therefrom to the governor, the speaker of the house of representatives, and the president of the senate. 42-66.14-10. Confidentiality.
(a) Any and all records of the office pertaining to any older adult who has sought assistance or is being assisted by the office shall be considered confidential.
(b) Any and all information contained in the records provided for in subsection (a) of this section shall not be disclosed publicly in any manner that would identify any individual; provided, however, that such records may be made disclosed to persons with the authorization of the older adult or upon application and for good cause shown by the family court. 42-66.14-11. Exemption from court fees, charges. Any older adult who is represented by the office shall not be required to pay any fees to any district, superior, family, or supreme court of this state, or the clerks thereof, or any fees or charges for the services or travel of deputy sheriffs for serving any writ, citation, subpoena, or other process or for making copies of the writs. 42-66.14-12. Indemnification. The State of Rhode Island shall protect and hold harmless any attorney, investigator, social worker, or other person employed by the office and/or any volunteer appointed by the elder advocate, from financial loss and expense, including legal fees and costs, if any, arising from any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of the person’s duties within the scope of the person’s employment or appointment which may constitute negligence as determined by a court of competent jurisdiction; provided, however, that wanton, malicious, or grossly negligent acts shall not be subject to such indemnification.
SECTION 2. This act shall take effect upon passage.
