2022 -- H 8076

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LC005494

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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 -- HEALTH CARE WORKFORCE

STABILIZATION PROGRAM

     Introduced By: Representative Jacquelyn M. Baginski

     Date Introduced: April 01, 2022

     Referred To: House Finance

     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 17.29

HEALTH CARE WORKFORCE STABILIZATION PROGRAM

     23-17.29-1. Short title.

     This chapter shall be known and may be cited as the "Health care Workforce Stabilization

Program."

     23-17.29-2. Definitions.

     When used in this chapter:

     (1) "COVID-19" means the disease caused by novel coronavirus SARS-CoV-2.

     (2) "COVID-19 vaccine" means any vaccine against COVID-19 that is authorized by the

U.S. Food and Drug Administration or World Health Organization.

     (3) "Department" or "RIDOH" means the Rhode Island department of health.

     (4) "Health care facility" means a facility as defined in § 23-17-2, as well as assisted living

residences, as defined in § 23-17.4.-2, and adult daycare programs, as defined in § 23-1-52, and

clinical laboratories, as defined in § 23-16.2-2 notwithstanding the provisions of § 23-17-2.

     (5) "Health care worker" means any person who is temporarily or permanently employed

by or at, or who serves as a volunteer in, or has an employment contract with, a health care facility,

and has or may have direct contact with a patient in that health care facility. This person may

include, but not be limited to, a physician, physician assistant, nurse, nursing assistant, therapist,

technician, clinician, behavioral analyst, social worker, occupational, physical or speech therapist,

phlebotomist, emergency medical service practitioner, dental personnel, pharmacist, laboratory

personnel, autopsy personnel, students and trainees, contractual staff not employed by the health

care facility; other health care providers, including those who have privileges at, but are not

employed by, the health care facility; and persons (e.g., clerical, dietary, housekeeping, laundry,

security, maintenance, administrative, billing, and volunteers) not directly involved in patient care

but potentially exposed, in the course of employment, to infectious agents that can be transmitted

from person to person. This term shall not apply to a patient’s family member or friend who visits

or otherwise assists in the care of that patient in a health care facility.

     (6) "Health care provider" means any person licensed by the department to provide or

otherwise lawfully providing health care services, including, but not limited to, a physician, dentist,

nurse, optometrist, podiatrist, physical therapist, social worker, pharmacist, emergency medical

service practitioner, or psychologist; provided that, such person is either directly involved in patient

care or potentially exposed to infectious agents that can be transmitted from person to person.

     23-17.29-3. Workforce stabilization fund.

     (a) The director is hereby authorized and directed to establish a program with funding to

support health care workforce retention for health care workers under this chapter who:

     (1) Worked as a health care worker during the period from January 1, 2020, to January 1,

2021, and

     (2) Worked a minimum of twenty (20) hours per week during the period in subsection

(a)(1) of this section.

     (b) Every eligible healthcare worker pursuant to subsection (a) of this section shall, subject

to application pursuant to subsection (c) of this section, receive a one time payment of two thousand

five hundred dollars ($2,500) as a retention payment which shall be administered without regard to

vaccination status.

     (c) Any employer of a health care worker shall be required to submit to the department a

retention payment application with the name of any employee who is eligible to receive the

retention payment under this section. Provided, further, the employer shall be entitled to retain two

percent (2%) of any retention payment made to an individual employee under this section, as an

administrative expense.

     (d) The department shall allocate the sum of two hundred million dollars ($200,000,000)

for the administration of this program. Any amount remaining in this fund at the expiration of the

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program shall revert to the department.

     (e) The department is hereby authorized to promulgate rules and regulations and produce

application forms necessary to carry out the provisions of this chapter.

     23-17.29-4. Acute care and psychiatric hospital relief.

     The department is hereby authorized and directed to allocate the sum of two hundred

million dollars ($200,000,000) for the purposes of mitigating the negative impacts on hospital

finances and operations as a result of the COVID-19 pandemic. Any acute care or psychiatric health

care facility that can demonstrate a qualifying need, pursuant to the Coronavirus State and Local

Fiscal Recovery Funds (SLFRF) program, shall be eligible to apply for financial relief in any

amount under this section.

     23-17.29-5. Sunset.

     The provisions of this chapter shall expire on January 1, 2024.

     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 -- HEALTH CARE WORKFORCE

STABILIZATION PROGRAM

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     This act would provide for a two hundred million dollar ($200,000,000) fund to administer

retention payments of two thousand five hundred dollars ($2,500) for certain health care workers

who worked during the COVID-19 pandemic without regard to vaccination status and provide two

hundred million dollar ($200,000,000) fund for payments to acute care or psychiatric hospitals who

can demonstrate losses as a result of the COVID-19 pandemic.

     This act would take effect upon passage.

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