Chapter
500
2007 -- S 0648 SUBSTITUTE A AS AMENDED
Enacted 10/30/07
A N A C T
RELATING TO HEALTH
AND SAFETY – RHODE ISLAND COORDINATED HEALTH PLANNING ACT OF 2006
Introduced By: Senator C Levesque
Date Introduced: February
15, 2007
It is enacted by the General Assembly as follows:
SECTION
1. Section 23-81-2 of the General Laws in Chapter 23-81 entitled "Rhode
Island
Coordinated Health Planning Act of 2006" is hereby amended to read as
follows:
23-81-2.
Legislative findings. -- It is hereby found and declared:
(a) The vast majority of Rhode Islanders believe that quality, affordable
health care
should
be available to all in our state;
(b) Our current health care crisis effects [affects]all facets of
Rhode Island's economy,
with a
particular burden on small business owners, young people, and those approaching
retirement;
(c) A majority of Rhode Islanders believe that the state government has a
significant role
to play
in solving this health care crisis because of the federal government's lack
of commitment
to do
so;
(d) The current state health care infrastructure is fragmented with an array of
state
departments
and offices carrying out health care planning, along with a myriad of private
efforts,
all with
a lack of coordination;
(e)
Because an essential component of health planning is resource allocation, there
is a
need to
professionalize the health services council and revitalize the certificate of
need process;
(f)
Recognizing that many departments of state government are involved in the
collection
of
data and information related to health care, health care outcomes, health care
insurance,
consumer
behavior and trends, and that accurate and accessible, collection and housing
of this
information
is necessary for the general assembly to enact useful health care policy;
(f)
(g) Rhode Island's small size makes us the perfect laboratory to create
a unified health
care
system, planned and coordinated with a functioning public/private partnership,
with broad
representation
of all of the health care stakeholders; and
(g) (h) The general assembly finds that the people of this state
have a fundamental
interest
in the establishment of a comprehensive strategic health care planning process
and the
preparation,
maintenance, and implementation of plans to improve the quality, accessibility,
portability,
and affordability of health care in Rhode Island; that the continued growth,
viability
and
development of the health care infrastructure by the private and public sector
sectors requires
effective
planning by the state; and that state and local plans and programs must be
properly
coordinated
with the planning requirements and programs of the federal government.;
and
(i)The
coordinated health planning process should create usable and dynamic guidance
that
helps design a health care system and improves the health of Rhode Islanders.
SECTION
2. Section 23-81-3 of the General Laws in Chapter 23-81 entitled "Rhode
Island
Coordinated Health Planning Act of 2006" is hereby repealed.
23-81-3.
Establishment of statewide health planning program -- An assessment. --
The
director of the department of health, in consultation with an advisory
committee composed of
representatives
of health care consumers, providers and payors, is hereby directed to develop
an
assessment
of the existing state capacity and authority to perform coordinated statewide
health
planning.
Said assessment shall include a plan for the development and revision of
strategic plans
to
improve the quality, accessibility, portability and affordability of the
state's health care system,
and a
study of an expanded role for the department of health in health care planning,
including
capital
investment expansion and introduction of technology. This assessment shall be
submitted
to
the joint legislative committee on health care oversight, the house committee
on finance, and
the
senate committee on finance, on or before April 1, 2007.
SECTION
3. Chapter 23-81 of the General Laws entitled "Rhode Island Coordinated
Health
Planning Act of 2006" is hereby amended by adding thereto the following
sections:
23-81-3.1.
Establishment of health care planning council. – Establishment
of health
care
planning and accountability advisory council. -- Contingent upon funding:
(a)
The health care planning and accountability advisory council shall be appointed
by
the secretary
of the executive office of health and human services and the director of
health, no
later
than January 31, 2008, to develop and promote recommendations on the health
care system
in
the form of health planning documents described in subsection 23-81-4(a).
(b)
The secretary of the executive office of health and human services and the
director of
health
shall serve as co-chairs of the health care planning council.
(c)
The department of health shall be the principal staff agency of the council to
develop
analysis
of the health care system for use by the council, including, but not limited
to, health
planning
studies and health plan documents; making recommendations for the council to
consider
for
adoption, modification and promotion; and ensuring the continuous and efficient
functioning
of
the health care planning council.
(d)
The health care planning council shall consist of, but not be limited to, the
following:
(1)
Five (5) consumer representatives. A consumer is defined as someone who does
not
directly
or through a spouse or partner receive any of his/her livelihood from the
health care
system.
Consumers may be nominated from the labor unions in Rhode Island; the health
care
consumer
advocacy organizations in Rhode Island, the business community; and
organizations
representing
the minority community who have an understanding of the linguistic and cultural
barriers
to accessing health care in Rhode Island;
(2)
One hospital CEO nominated from among the hospitals in Rhode Island;
(3)
One physician nominated from among the primary care specialty societies in
Rhode
Island;
(4)
One physician nominated from among the specialty physician organizations in Rhode
Island;
(5)
One nurse or allied health professional nominated from among their state trade
organizations
in Rhode Island;
(6)
One practicing nursing home administrator, nominated by a long-term care
provider
organization
in Rhode Island;
(7)
One provider from among the community mental health centers in Rhode Island;
(8)
One representative from among the community health centers of Rhode Island;
(9)
One person from a health professional learning institution located in Rhode
Island;
(10)
Health Insurance Commissioner;
(11)
Director of the department of human services;
(12)
CEOs of each health insurance company that administers the health insurance of
ten
percent
(10%) or more of insured Rhode Islanders;
(13)
The speaker of the house or designated representative;
(14) The
house minority leader or designated representative;
(15) The
president of the senate or designated senator;
(16)
The senate minority leader or designated representative; and
(17)
The health care advocate of the department of the attorney general.
23-81-4.
Powers of the health care planning council. – Powers
of the health care
planning
and accountability advisory council. -- Powers of the council shall include, but not be
limited
to the following:
(a)
The authority to develop and promote studies, advisory opinions and a unified
health
plan
on the state's health care delivery and financing system, including but not
limited to:
(1)
Ongoing assessments of the state's health care needs and health care system
capacity
that
are used to determine the most appropriate capacity of and allocation of health
care
providers,
services, and equipment and other resources, to meet Rhode Island's health care
needs
efficiently
and affordably. These assessments shall be used to advise the
"determination of need
for
new health care equipment and new institutional health services" or
"certificate of need"
process
through the health services council;
(2)
The establishment of Rhode Island's long range health care goals and values,
and the
recommendation
of innovative models of health care delivery, that should be encouraged in
Rhode
Island;
(3)
Health care payment models that reward improved health outcomes;
(4)
Measurements of quality and appropriate use of health care services that are
designed
to
evaluate the impact of the health planning process;
(5)
Plans for promoting the appropriate role of technology in improving the
availability
of
health information across the health care system, while promoting practices
that ensure the
confidentiality
and security of health records; and
(6)
Recommendations of legislation and other actions that achieve accountability
and
adherence
in the health care community to the council's plans and recommendations.
(b)
Convene meetings of the council no less than every sixty (60) days, which shall
be
subject
to the open meetings laws and public records laws of the state, and shall
include a process
for
the public to place items on the council's agenda.
(c)
Appoint advisory committees as needed for technical assistance throughout the
process.
(d)
Modify recommendations in order to reflect changing health care systems needs.
(e)
Promote responsiveness to recommendations among all state agencies that provide
health
service programs, not limited to the five (5) state agencies coordinated by the
executive
office
of the health and human services.
(f)
Coordinate the review of existing data sources form state agencies and the
private
sector
that are useful to developing a unified health plan.
(g)
Formulating, testing, and selecting policies and standards that will achieve
desired
objectives.
(h)
Provide an annual report, to begin one year after the convening of the council,
to the
governor
and general assembly on implementation of the plan adopted by the council. This
annual
report shall:
(1)
present the strategic recommendations, updated annually;
(2)
assess the implementation of strategic recommendations in the health care
market;
(3)
compare and analyze the difference between the guidance and the reality;
(4)
recommend to the governor and general assembly legislative or regulatory
revisions
necessary
to achieve the long term goals and values adopted by the council as part of its
strategic
recommendations,
and assess the powers needed by the council or governmental entities of the
state
deemed necessary and appropriate to carry out the responsibilities of the
council.
(5)
Include the request for a hearing before the appropriate committees of the
general
assembly.
(6)
Include a response letter from each state agency that is affected by the state
health
plan
describing the actions-taken and planned to implement the plans
recommendations.
23-81-5.
Duties of health care planning council. – Implementation
of the council
recommendations.
– In order to promote
effective implementation of the unified health plan, the
council
shall recommend to the governor, the general assembly, and other state agencies
actions
that
may be taken to promote and ensure implementation of the council's policy and
program
guidance.
The secretary of the executive office of health and human services and the
director of
health,
as co-chairs, of the council, shall use the powers of their offices to
implement the
recommendations
adopted by the council, as deemed appropriate, or as required by the governor
or
general assembly. The secretary shall coordinate the implementation of the
recommended
actions
by the state agencies within the executive office of health and human services.
23-81-6.
Duties of the governor's office. – Funding. --
The department of health may
apply
for and receive private and/or public funds to carry out the requirements of
this act.
SECTION
4. This act shall take effect upon passage.
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LC01528/SUB A
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