law17203

Chapter 203

2017 -- H 6297
Enacted 07/18/2017

A N A C T

RELATING TO HEALTH AND SAFETY -- INSPECTIONS OF HEALTH CARE FACILITIES

Introduced By: Representatives Shanley, Casimiro, Carson, Ackerman, and Canario

Date Introduced: June 08, 2017

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17-7 of the General Laws in Chapter 23-17 entitled "Licensing

of Health-Care Facilities" is hereby amended to read as follows:

23-17-7. Expiration and renewal of license.

A license, unless sooner suspended or revoked, shall expire by limitation on the thirty-

first (31st) day of December following its issuance and may be renewed from year to year. In the

case of facilities that have not maintained federal certification, the license may be renewed after

inspection, report, approval, and collection of fees by the licensing agency. The inspection shall

be made any time prior to the date of expiration of the license. For those facilities that have

maintained federal certification, no inspection shall be required. The report shall contain

information in the form that the licensing agency shall prescribe by regulation.

SECTION 2. Sections 23-17.4-7 and 23-17.4-10 of the General Laws in Chapter 23-17.4

entitled "Assisted Living Residence Licensing Act" are hereby amended to read as follows:

23-17.4-7. Expiration and renewal of license.

A license, unless sooner suspended or revoked, shall expire by limitation on the thirty-

first (31st) day of December following its issuance and may be renewed from year to year after

completion of an annual unannounced on-site inspection, report, and approval by the licensing

agency and the division of fire safety. The annual inspection shall be made any time prior to the

date of expiration of the license. The report shall contain information in any form that the

licensing agency shall prescribe by regulation. The licensing agency shall, on an annual basis,

cause no less than ten percent (10%) of all assisted living annual inspections to be conducted, in

whole or in part, on nights and/or on weekends.

23-17.4-10. Regulations, inspections, and investigations.

(a) The licensing agency shall after public hearing pursuant to reasonable notice, adopt,

amend, promulgate, and enforce any rules, regulations, and standards with respect to assisted-

living residences for adults licensed under this chapter as may be designed to further the

accomplishment of the purposes of this chapter in promoting safe and adequate living

environments for individuals in assisted-living residences in the interest of public safety and

welfare. These regulations may provide for the establishment of levels of service provided by the

residence.

(b) In addition to the annual inspection required by § 23-17.4-7, the The licensing agency

shall make or cause to be made any inspections and investigations that it deems necessary by duly

authorized agents of the director at any time and frequency determined by the licensing agency.

The licensing agency shall establish regulations to determine the frequency of inspections that

shall include, but not be limited to, the residence's past compliance with regulations, complaint

investigations, quality of care issues and license type. However, the licensing agency shall, on a

biennial basis, conduct an unannounced, on-site inspection of all licensed assisted-living

residences. The licensing agency shall, on an annual basis, cause no less than ten percent (10%)

of all assisted-living inspections to be conducted, in whole or in part, on nights and/or weekends.

resident health status information with the department of health for the purpose of determining

each resident's capability of self preservation.

(d) Each assisted-living residence licensed under this chapter shall have a plan for

preventing the hazards of residents wandering from the facility. This plan shall be submitted to

the licensing agency in a format determined by the director.

SECTION 3. This act shall take effect upon passage.

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LC002838

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