2022 -- H 7397

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LC004465

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- HOME CARE RECOVERY AND STABILITY

ACT

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: February 09, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 97

HOME CARE RECOVERY AND STABILITY ACT

     23-97-1. Short title.

     This chapter shall be known and may be cited as the "Home Care Recovery and Stability

Act."

     23-97-2. System planning and licensure control for home care provider, home nursing

care provider and hospice provider licenses.

     (a) The health services council shall not review, and applicable state licensing agencies

shall not issue, any approvals for new home care provider, home nursing care provider and hospice

provider licenses prior to July 1, 2027; provided, however, that any review by the health services

council of the department of health and approval by state agencies may be conducted during the

moratorium period in the case of an emergency circumstance: a certificate of need application not

previously approved; a change in ownership with respect to an existing home care provider, home

nursing care provider and hospice provider license; a change in the effective control of a home care

provider, home nursing care provider and hospice provider license or a compelling circumstance

affecting the quality of life with respect to a certain geographic area or subpopulation such as, but

not limited to, pain control and symptom management delivered to the home. Notwithstanding the

foregoing, any certificate of need application pending at the time of enactment of this chapter shall

continue to be reviewed pursuant to the provisions of chapter 15 of title 23: and shall not be subject

to the moratorium provisions of this chapter.

     (b) During any moratorium period provided in subsection (a) of this section, the department

of health shall conduct a statewide utilization and capacity study and report separate and apart from

any other statutory study or report of services delivered by home care providers, home nursing care

providers and hospice providers. The study and report produced pursuant to this subsection may

include, but not be limited to, an assessment of:

     (1) The current availability and utilization of home care provider, home nursing care

provider and hospice provider services;

     (2) The geographic areas and subpopulations that may be underserved or have reduced

access to specific types of health care services; and

     (3) Other factors that the department deems pertinent to health care utilization at home.

The report produced pursuant to this subsection may also include the department of health's

recommendations for addressing identified gaps in the provision of health care services to

homebound patients, recommendations concerning a lack of access to care at home, projection of

future demand, and duplicative and/or redundant services.

     (c) Should the department not produce a report by July 1, 2027, or at any time within a

subsequent five (5) year interval, the moratorium on issuing home care provider, home nursing care

provider and hospice provider licenses shall remain in effect.

     (d) The department's health services council shall only consider gaps as identified in the

study report produced pursuant to subsection (b) of this section as factors to determine new home

care provider, home nursing care provider or hospice provider certificate of need.

     (e) The number of home care provider, home nursing care provider and hospice provider

licenses in effect as of June 30, 2022, shall be the maximum number of licenses issued in each

licensure category. Should there be a five percent (5%) or more reduction of licenses within a

calendar year, this new figure on December 31 of that year shall be the new maximum number of

licenses for that licensure category.

     (f) Should a home care provider, home nursing care provider and hospice provider close

its operations without a change of effective control, this will reduce the maximum number of

licenses for that licensure category by one license.

     (g) All home care provider, home nursing care provider and hospice providers shall

maintain a physical non-residential office location in accordance with any and all requirements by

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the department of state and the department of health.

     (h) Any conflicting statute or regulations shall be deemed null.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HOME CARE RECOVERY AND STABILITY

ACT

***

     This act would create a moratorium until at least July 1, 2027 on the issuance of new

licenses for home care providers, home nursing care providers and hospice providers. Limited

exceptions to the moratorium are provided. During the five (5) year moratorium period the

department of health is to conduct a statewide utilization and capacity study and report.

     This act would take effect upon passage.

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