2002 -- H 7526

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LC01898

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representatives Ginaitt, Anguilla, and Long

     Date Introduced: February 05, 2002

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-17-6 and 23-17-38 of the General Laws in Chapter 23-17

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entitled "Licensing of Health Care Facilities" are hereby amended to read as follows:

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     23-17-6. Issuance of license -- Posting -- Transfer -- Conditions. -- (a) Upon receipt of

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an application for a license, the licensing agency shall issue a license if the applicant and health

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care facility meet the requirements established under this chapter and any rules and regulations

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that may be established in accordance with the requirements established under this chapter. A

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license issued under the provisions of this section shall be the property of the state and loaned to

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the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each

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license shall be issued only for the premises and persons named in the application, and shall not

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be transferable or assignable except with the written approval of the licensing agency. Home

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nursing care providers and home care providers operating under a single license may establish

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branch offices under that same single license and such license shall be maintained and posted in

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the central office.

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      (b) Any change in owner, operator, or lessee of a licensed health care facility, except for

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a physician office setting providing surgical treatment, which license shall be transferable or

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assignable by decision of the licensing agency as shall be provided by regulation, shall require

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prior review by the health services council and approval of the licensing agency as a condition

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precedent to the transfer, assignment, or issuance of a new license. Issuance of the license may be

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made subject to any condition; provided, that no condition may be made unless it directly relates

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to the statutory purpose expressed in section 23-17-3 or to the review criteria set forth in section

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23-17-14.3. This shall not limit the authority of the licensing agency to require correction of

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conditions or defects which existed prior to the proposed change of owner, operator, or lessee and

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of which notice had been given to the health care facility by the licensing agency.

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     23-17-38. Establishment of fees. -- The director shall establish fees for licensure

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application, licensure renewal, inspection, and administrative actions under this chapter. Annual

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inspection fees for hospitals and rehabilitation hospital centers shall be three thousand dollars

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($3,000) per facility plus an additional fee of fifteen dollars ($15.00) per bed. Annual licensure

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fees for health maintenance organizations and for profit end stage renal dialysis facilities shall be

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three thousand dollars ($3,000) per facility. Annual licensure fees for home nursing care

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providers and home care providers shall be five hundred dollars ($500) per facility; however, no

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additional license fee shall be charged when a home nursing care provider changes location

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during any calendar year for which an annual license fee has already been paid for that home

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nursing care provider. Annual licensure fees for organized ambulatory care facilities shall be five

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hundred dollars ($500), provided that not-for-profit entities operating more than one ambulatory

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care facility shall be subject to a single annual licensure fee for all such licenses; provided,

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further, that non-profit charitable community health centers, school based health centers and

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nonprofit hospice programs with a current home nursing care provider license shall be exempt

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from the fee. All annual licensure fees not otherwise designated shall be established in regulation

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and shall be collected and deposited as general revenues of the state.

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     SECTION 2. This act shall take effect upon passage.

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LC01898

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY

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     This act would provide that no additional license fee shall be charged when a home

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nursing care provider or home care provider changes location during any calendar year for which

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an annual license fee has already been paid for that home nursing care provider or home care

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provider.

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     This act would take effect upon passage.

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LC01898

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