2022 -- H 8287 AS AMENDED

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LC006032

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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 -- LICENSING OF HEALTHCARE FACILITIES

     

     Introduced By: Representatives Craven, and Shanley

     Date Introduced: May 26, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17-44 of the General Laws in Chapter 23-17 entitled "Licensing

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of Healthcare Facilities" is hereby amended to read as follows:

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     23-17-44. Moratorium on new initial nursing-facility licensed beds and on increases

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to the licensed capacity of existing nursing-facility licenses.

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     (a) The licensing agency shall issue no new initial licenses for nursing facilities prior to

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July 1, 2022 2025; provided, however, that any person holding a nursing facility license may

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undertake activities to construct and operate a replacement nursing facility with the same or lower

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bed capacity as is presently licensed, provided that the replacement facility may only be licensed

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upon the otherwise unconditional cessation of operation of the previously licensed nursing facility.

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     (b) Prior to July 1, 2022 2025, and with the exception of the culture initiative pursuant to

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subsection (d), the licensing agency shall not increase the licensed bed capacity of any existing

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licensed nursing facility, including any nursing facility approved for change in ownership pursuant

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to §§ 23-17-14.3 and 23-17-14.4, to greater than the level of the facility's licensed bed capacity as

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of August 21, 1996, plus the greater of ten (10) beds or ten percent (10%) of the licensed bed

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capacity. Any person holding a previously issued and valid certificate of need as of the date of

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passage of this section, or who shall subsequently be granted a certificate of need pursuant to

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subsection (a), shall be permitted to effect a prior certificate from the licensing agency consistent

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with any other statutory and regulatory provisions that may further apply. Notwithstanding any

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other provision of the law to the contrary, including any moratorium on increasing bed capacity in

 

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nursing facilities that may otherwise apply, the licensing agency shall be permitted to increase the

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licensed bed capacity of an existing nursing facility by no more than the number of beds previously

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licensed to one or more other licensed nursing facilities provided that:

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     (1) All nursing facilities involved in any such transaction must be located within the same

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municipality;

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     (2) The owner of a licensed nursing care facility seeking to increase its licensed bed

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capacity must receive approval, following review by the health services council from the licensing

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agency for change in owner of the nursing facility or facilities;

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     (3) The nursing facility's licensed bed capacity may only be increased upon the otherwise

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unconditional cessation of operation of the previously licensed other nursing facility or facilities

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and the return of the license of the nursing facility or nursing facilities to the licensing agency; and

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     (4) The licensed nursing care facility seeking to increase its licensed bed complement must

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comply with any requirements of the health care certificate of need act, chapter 15 of this title.

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     (c) Notwithstanding any other provision of the law to the contrary, including any

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moratorium on increasing bed capacity in nursing facilities that may otherwise apply, a nursing

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facility may take out of service any or all beds of its licensed capacity without impediment to its

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right to place back into service those beds at a future date under the same terms and conditions as

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applied at the time of taking them out of service.

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     (d) Culture-change initiative. Notwithstanding any other provision of the law to the

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contrary, including any moratorium on increasing bed capacity in nursing facilities that may

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otherwise apply, the licensing agency may increase the licensed bed capacity of any existing

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licensed nursing facility, including any nursing facility approved for change in ownership pursuant

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to §§ 23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in accordance

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with the following criteria and procedures:

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     (1) Culture-change definitions and criteria shall be established through regulation to restrict

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beds added under this initiative only to beds that are designed to provide enhanced quality of life

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to nursing facility residents through the adoption of principles and building designs established by

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the "Eden Alternative," "Green House," or "Small House" programs or other like means;

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     (2) Only beds taken out of service due to facility closure after January 1, 2010, shall be

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available for facility expansion under this culture-change initiative subsection. The total number of

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beds that may be licensed to increase capacity under this culture-change initiative shall be limited

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to ninety percent (90%) of the first fifty (50) beds that are taken out of service, to seventy percent

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(70%) of the next fifty (50) beds that are taken out of service, and to fifty percent (50%) of any

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additional beds taken out of service;

 

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     (3) Only nursing facilities licensed in the state are eligible to expand under the culture-

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change initiative;

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     (4) The department shall promulgate regulations to govern an open and competitive process

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to determine the licensure of expansion beds under this culture-change initiative, and shall consider

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the impact on the regional distribution of, and access to, nursing facility beds in the state; and

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     (5) Any facility seeking to expand its licensed bed capacity under this initiative, that will

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result in an expenditure that meets or exceeds the criteria for determination of need review under

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chapter 15 of this title, shall be required to receive approval under chapter 15 of this title.

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     SECTION 2. Chapter 23-17.5 of the General Laws entitled "Rights of Nursing Home

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Patients" is hereby amended by adding thereto the following section:

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     23-17.5-33.1. Suspension of monetary penalties.

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     (a) Notwithstanding the provisions of § 23-17.5-33(b), (c) and (d) relating to monetary

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penalties or any public or general law, rule, or regulation to the contrary, upon the effective date of

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this section, due to public health crises caused by COVID-19, the provisions of § 23-17.5-33(b),

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(c) and (d) shall be suspended. The provisions of this section shall apply to any facility in violation

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of § 23-17.5-33 as of June 30, 2022.

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     (b) Unless extended by the general assembly, the provisions of this section, shall expire

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and sunset on June 30, 2023, at which time the monetary penalty provisions of § 23-17.5-33(b), (c)

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and (d) shall apply."

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     "SECTION 3. Chapter 16-33.1 of the General Laws entitled "Community College of

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Rhode Island [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended by adding thereto the following section:

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     16-33.1-7. M. Teresa Paiva Weed Campus.

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     The Newport campus of the community college of Rhode Island shall be named the M.

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Teresa Paiva Weed campus.

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     SECTION 4. 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 -- LICENSING OF HEALTHCARE FACILITIES

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     This act would extend the moratorium on the issuance of licenses for new initial nursing

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facilities and any increases to nursing facilities capacity to July 1, 2025.

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     This act would take effect upon passage.

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