| Chapter 058 |
| 2023 -- S 0718 Enacted 06/14/2023 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES |
Introduced By: Senators Lauria, Miller, Euer, Murray, and Ujifusa |
| Date Introduced: March 22, 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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| LC001643 |
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