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 | |
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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: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 97 |
4 | HOME CARE RECOVERY AND STABILITY ACT |
5 | 23-97-1. System planning and licensure control for home care provider, home nursing |
6 | care provider and hospice provider licenses. |
7 | (a) The health services council shall not review, and applicable state licensing agencies |
8 | shall not issue, any approvals for new home care provider, home nursing care provider or hospice |
9 | provider licenses prior to July 1, 2027; provided, however, that any review by the health services |
10 | council of the department of health and approval by state agencies may be conducted during the |
11 | moratorium period in the case of an emergency circumstance; a certificate of need application not |
12 | previously approved; a change in ownership with respect to an existing home care provider, home |
13 | nursing care provider or hospice provider license; a change in the effective control of a home care |
14 | provider, home nursing care provider or hospice provider license or a compelling circumstance |
15 | affecting the quality of life with respect to a certain geographic area or subpopulation such as, but |
16 | not limited to, pain control and symptom management delivered to the home. Notwithstanding the |
17 | foregoing, any certificate of need application pending at the time of the effective date of this chapter |
18 | shall continue to be reviewed pursuant to the provisions of chapter 15 of title 23; and shall not be |
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1 | subject to the moratorium provisions of this chapter. |
2 | (b) During the moratorium period provided in subsection (a) of this section, the department |
3 | of health shall conduct a statewide utilization and capacity study separate and apart from any other |
4 | statutory study or report of services delivered by home care providers, home nursing care providers |
5 | and hospice providers. Such study may include, but not be limited to, an assessment of: |
6 | (1) The current availability and utilization of home care provider, home nursing care |
7 | provider and hospice provider services; |
8 | (2) The geographic areas and subpopulations that may be underserved or have reduced |
9 | access to specific types of health care services; and |
10 | (3) Other factors that the department deems pertinent to health care utilization at home. |
11 | Such report may also include the department of health's recommendations for addressing identified |
12 | gaps in the provision of health care services to homebound patients, recommendations concerning |
13 | a lack of access to care at home, projection of future demand, and duplicative and/or redundant |
14 | services. |
15 | (c) Should the department not produce a report by July 1, 2027 or at any time within a |
16 | subsequent five (5) year interval, the moratorium on issuing home care provider, home nursing care |
17 | provider and hospice provider licenses shall remain in effect. |
18 | (d) The department’s health services council can only consider gaps as identified in § 23- |
19 | 97-1(b) of the department’s five (5) year study as factors to determine new home care provider, |
20 | home nursing care provider or hospice provider certificates of need. |
21 | (e) The number of home care provider, home nursing care provider and hospice provider |
22 | licenses in effect as of June 30, 2022 shall be the maximum number of licenses issued in each |
23 | licensure category. In the event of a five percent (5%) or more reduction of licenses within a |
24 | calendar year, this new figure on December 31 of that year shall be the new maximum number of |
25 | licenses for that licensure category. |
26 | (f) In the event a home care provider, home nursing care provider or hospice provider closes |
27 | its operations without a change of effective control, this closure will reduce the maximum number |
28 | of licenses for that licensure category by one license. |
29 | (g) All home care providers, home nursing care providers and hospice providers shall |
30 | maintain a physical non-residential office location in accordance with any and all requirements by |
31 | the department of state and the department of health. |
32 | (h) If any statute or regulation conflicts with the provisions of this chapter, the provisions |
33 | of this chapter shall prevail. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC004819 | |
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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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1 | This act would impose a moratorium on the issuance of new home care provider, home |
2 | nursing care provider and hospice provider licenses prior to July 1, 2027 and provide for health |
3 | systems planning specific to home care provider, home nursing care provider and hospice provider |
4 | licenses during the moratorium by the department of health. |
5 | This act would take effect upon passage. |
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LC004819 | |
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