2013 -- S 0681

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LC01690

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSION ACT

     Introduced By: Senators Picard, and Cote

     Date Introduced: March 06, 2013

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17.14-34 of the General Laws in Chapter 23-17.14 entitled "The

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Hospital Conversions Act" is hereby amended to read as follows:

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     23-17.14-34. Judicial review. -- (a) Notwithstanding any other provision of the general

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laws, any transacting party aggrieved by a final order of the department of health or the attorney

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general under this chapter may seek judicial review by original action filed in the superior court.

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Any preliminary, procedural, or intermediate agency act or ruling with respect to the filing of an

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application for conversion, including the completeness of the application, confidentiality of any

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information or documents produced in connection with a conversion, approval or disapproval of a

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conversion and conditions or restrictions proposed or determined with the respect to the approval

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of a proposed conversion, is immediately reviewable.

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      (b) Any action brought under this section shall be given priority by the superior court.

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      (c) In performing such review the superior court shall consider and balance the

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reasonable interests of the transacting parties and the reasonable interest of the citizens of the

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state in a safe, accessible, and affordable healthcare system.

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      (d) The court may affirm the decision of the agency or remand the case for further

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proceedings, or it may reverse or modify the decision if substantial rights of the appellant have

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been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

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      (1) Unreasonable;

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      (2) In violation of constitutional or statutory provisions;

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      (3) In excess of the statutory authority of the agency;

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      (4) Made upon unlawful procedure;

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      (5) Affected by other error or law;

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      (6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the

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whole record; or

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      (7) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

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exercise of discretion.

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     (a) Any transacting party aggrieved by a final order of the department of health under this

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chapter may seek judicial review in the superior court in accordance with section 42-35-15. Any

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transacting party aggrieved by a final order of the attorney general under this chapter may seek

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judicial review by original action filed in the superior court.

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     (b) Expedited interlocutory review: any preliminary, procedural, or intermediate agency

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act or ruling pursuant to this chapter is immediately reviewable in any case in which review of the

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final agency order would not provide an adequate remedy. An agency act or ruling shall include,

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but not be limited to, completeness of the application, confidentiality of any information or

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documents produced in connection with a conversion, and conditions or restrictions proposed or

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determined with respect to the approval of a proposed conversion. Any action brought under this

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subsection shall be given priority by the superior court.

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     SECTION 2. This act shall take effect upon passage.

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LC01690

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSION ACT

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     This act would allow a transacting party who has sought review regarding a hospital

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conversion and who is aggrieved by a final order of the department of health to seek judicial

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review in the superior court and any party who has also sought review regarding a hospital

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conversion and who is aggrieved by a final order of the attorney general may also seek judicial

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review in the superior court. This act would also allow for expedited interlocutory review and any

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act brought by such review will be given priority by the superior court.

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     This act would take effect upon passage.

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LC01690

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