Chapter 057
2023 -- H 5552
Enacted 06/14/2023

A N   A C T
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES

Introduced By: Representatives Serpa, and Cardillo

Date Introduced: February 15, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Section 23-17-12 of the General Laws in Chapter 23-17 entitled "Licensing
of Healthcare Facilities" is hereby amended to read as follows:
     23-17-12. Inspections — Nursing facilities.
     (a) The licensing agency shall make or cause to be made unannounced inspections and
investigations of nursing facilities. The director shall establish by regulation criteria to determine
the frequency for unannounced inspections and investigation that shall include specific criteria to
determine the appropriate frequency of those surveys including, but not limited to,: patient acuity,;
quality indicators,; staff retention,; financial status,; and a facility’s past compliance with the
regulations. In no instance shall any facility with a pattern of noncompliance with regulations or
orders,; indications of marginal financial status,; repeated levels of nursing hours per resident
significantly below the state average,; or other risk factors determined to influence quality, receive
less than two (2) surveys in addition to the annual licensing survey required by this chapter. Any
nursing care facility which that is cited for substandard care by the licensing agency shall be
inspected on a bimonthly basis for the twelve-(12) month (12) period immediately following any
citation. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all
nursing care facility annual surveys to be conducted, in whole or in part, on nights and/or on
weekends. The inspections shall be conducted both as to profit and nonprofit facilities and the
results shall be open to public inspection; however, requirements as to the fire safety code will be
deferred in accordance with § 23-28.1-7.
     (b) No employee or agent of the department shall be participating in or supervising an
inspection of any facility to which that employee currently has, or in the past five (5) two (2) years
has had, any ownership, employment, or consultant arrangement or any other potential conflicts of
interest. The restrictions imposed under this subsection shall be in addition to, and not in place of,
the requirements of chapter 14 of title 36.
     (c) The licensing agency shall make or cause to be made unannounced inspections and/or
investigations of any establishment, facility, boarding house, dormitory, however named, to
determine whether the lodging facility should be licensed and regulated under the provisions of this
chapter.
     (d) All members of the general assembly and any general officer of this state may make
announced and unannounced inspections of extended care facilities, skilled nursing homes,
intermediate care facilities, personal care homes, nursing homes, and state institutions.
     SECTION 2. This act shall take effect upon passage.
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LC001621
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