2022 -- S 2465

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LC004819

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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: Senator Walter S. Felag

     Date Introduced: March 01, 2022

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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CHAPTER 97

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HOME CARE RECOVERY AND STABILITY ACT

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     23-97-1. System planning and licensure control for home care provider, home nursing

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care provider and hospice provider licenses.

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

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

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

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

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

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

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

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

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

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

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foregoing, any certificate of need application pending at the time of the effective date of this chapter

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

 

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subject to the moratorium provisions of this chapter.

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

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

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

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and hospice providers. Such study may include, but not be limited to, an assessment of:

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

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provider and hospice provider services;

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

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access to specific types of health care services; and

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

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Such report may also include the department of health's recommendations for addressing identified

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gaps in the provision of health care services to homebound patients, recommendations concerning

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a lack of access to care at home, projection of future demand, and duplicative and/or redundant

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services.

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

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

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provider and hospice provider licenses shall remain in effect.

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     (d) The department’s health services council can only consider gaps as identified in § 23-

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97-1(b) of the department’s five (5) year study as factors to determine new home care provider,

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home nursing care provider or hospice provider certificates of need.

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

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

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licensure category. In the event of a five percent (5%) or more reduction of licenses within a

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

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licenses for that licensure category.

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     (f) In the event a home care provider, home nursing care provider or hospice provider closes

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

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of licenses for that licensure category by one license.

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

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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.

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     (h) If any statute or regulation conflicts with the provisions of this chapter, the provisions

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of this chapter shall prevail.

 

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     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

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     This act would impose a moratorium on the issuance of new home care provider, home

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nursing care provider and hospice provider licenses prior to July 1, 2027 and provide for health

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systems planning specific to home care provider, home nursing care provider and hospice provider

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licenses during the moratorium by the department of health.

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     This act would take effect upon passage.

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