§ 40-8.15-1. Definitions. For the purposes of this chapter: (1) “Direct-support services” has the meaning given to it under § 40-8.14-1. (2) “Director” has the meaning given to it under § 40-8.14-1. (3) “Individual provider” has the meaning given to it under § 40-8.14-1. (4) “Participant” has the meaning given to it under § 40-8.14-1. […]
§ 40-8.15-10. Right of families to select, direct, and terminate individual providers. Nothing in this chapter shall be construed to alter the rights of families to select, direct, and terminate the services of individual providers. History of Section.P.L. 2018, ch. 106, § 2; P.L. 2018, ch. 110, § 2.
§ 40-8.15-11. Strikes not authorized. Individual providers shall not engage in any strike or other collective cessation of the delivery of direct-support services. History of Section.P.L. 2018, ch. 106, § 2; P.L. 2018, ch. 110, § 2.
§ 40-8.15-12. State action exemption. The state action exemption to the application of state and federal antitrust laws is applicable to the activities of individual providers and their provider representative authorized under this chapter. History of Section.P.L. 2018, ch. 106, § 2; P.L. 2018, ch. 110, § 2.
§ 40-8.15-13. Severability. Should any part of this chapter be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect. History of […]
§ 40-8.15-2. Right of individual providers to choose provider representative — Subject of negotiation. (a) Individual providers may, in accordance with the procedures set forth in § 40-8.15-7, choose a provider organization to be their provider representative and to negotiate with the state, over the terms and conditions of individual providers’ participation in providing direct-support […]
§ 40-8.15-3. Good-faith negotiations. It shall be the obligation of the director, or a designee, to meet and negotiate in good faith with the provider representative within thirty (30) days after receipt of written notice from the provider representative of the request for a meeting for bargaining purposes. This obligation shall include the duty to […]
§ 40-8.15-4. Unresolved issues — Impasse procedures. In the event that the provider representative and the director, or a designee, are unable to reach an agreement on a contract, or reach an impasse in negotiations, the procedures of §§ 36-11-7.1 through 36-11-11 shall be followed. History of Section.P.L. 2018, ch. 106, § 2; P.L. 2018, […]
§ 40-8.15-5. Economic aspects of contract subject to legislative appropriation. Any aspects of a contract requiring appropriation by the federal government, the general assembly, or revisions to statutes or regulations shall be subject to passage of those appropriations and any necessary statutory and regulatory revisions. History of Section.P.L. 2018, ch. 106, § 2; P.L. 2018, […]
§ 40-8.15-6. Duty to represent all individual providers fairly — Deduction of membership dues and other voluntary deductions. (a) A provider organization certified as the provider representative shall represent all individual providers in the state fairly and without discrimination, without regard to whether or not the individual provider is a member of the provider organization. […]
§ 40-8.15-7. Certification and decertification of provider organization. (a) Petitions to certify a provider organization to serve as the provider representative of individual providers; petitions to intervene in such an election; and any other petitions for investigation of controversies as to representation may be filed with and acted upon by the labor relations board in […]
§ 40-8.15-8. Unfair practices. It shall be unlawful for the state to do any of the acts made unlawful under § 28-7-13. It shall be unlawful for the provider representative to do any of the acts made unlawful under § 28-7-13.1. Any alleged violation of this provision may be filed with the labor relations board […]
§ 40-8.15-9. Individual providers not state employees. Notwithstanding the state’s obligations to meet and negotiate under chapter 7 of title 28, nothing in this chapter shall be construed to make individual providers employees of the state for any purpose, including for the purposes of eligibility for the state employee pension program or state employee health […]
