2024 -- S 2077 | |
======== | |
LC003691 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- RIGHTS OF NURSING HOME PATIENTS | |
| |
Introduced By: Senators de la Cruz, Raptakis, Rogers, DeLuca, Paolino, E Morgan, | |
Date Introduced: January 12, 2024 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 2. Section 23-17.5-33 of the General Laws in Chapter 23-17.5 entitled "Rights |
2 | of Nursing Home Patients" is hereby amended to read as follows: |
3 | 23-17.5-33. Minimum staffing level compliance and enforcement program. |
4 | (a) Compliance determination. |
5 | (1) The department shall submit proposed rules and regulations for adoption by October |
6 | 15, 2021, establishing a system for determining compliance with minimum staffing requirements |
7 | set forth in § 23-17.5-32. |
8 | (2) Compliance shall be determined quarterly by comparing the number of hours provided |
9 | per resident, per day using the Centers for Medicare and Medicaid Services’ payroll-based journal |
10 | and the facility’s daily census, as self-reported by the facility to the department on a quarterly basis. |
11 | (3) The department shall use the quarterly payroll-based journal and the self-reported |
12 | census to calculate the number of hours provided per resident, per day and compare this ratio to the |
13 | minimum staffing standards required under § 23-17.5-32. Discrepancies between job titles |
14 | contained in § 23-17.5-32 and the payroll-based journal shall be addressed by rules and regulations. |
15 | (b) Monetary penalties. |
16 | (1) The department shall submit proposed rules and regulations for adoption on or before |
17 | October 15, 2021, implementing monetary penalty provisions for facilities not in compliance with |
18 | minimum staffing requirements set forth in § 23-17.5-32. |
19 | (2) Monetary penalties shall be imposed quarterly and shall be based on the latest quarter |
| |
1 | for which the department has data. |
2 | (3) No monetary penalty may be issued for noncompliance with the increase in the standard |
3 | set forth in § 23-17.5-32(c)(ii) from January 1, 2023, to March 31, 2023. If a facility is found to be |
4 | noncompliant with the increase in the standard during the period that extends from January 1, 2023, |
5 | to March 31, 2023, the department shall provide a written notice identifying the staffing |
6 | deficiencies and require the facility to provide a sufficiently detailed correction plan to meet the |
7 | statutory minimum staffing levels. |
8 | (4) Monetary penalties shall be established based on a formula that calculates on a daily |
9 | basis the cost of wages and benefits for the missing staffing hours. |
10 | (5) All notices of noncompliance shall include the computations used to determine |
11 | noncompliance and establishing the variance between minimum staffing ratios and the |
12 | department’s computations. |
13 | (6) The penalty for the first offense shall be two hundred percent (200%) of the cost of |
14 | wages and benefits for the missing staffing hours. The penalty shall increase to two hundred fifty |
15 | percent (250%) of the cost of wages and benefits for the missing staffing hours for the second |
16 | offense and three hundred percent (300%) of the cost of wages and benefits for the missing staffing |
17 | hours for the third and all subsequent offenses. |
18 | (7) For facilities that have an offense in three (3) consecutive quarters, EOHHS shall deny |
19 | any further Medicaid Assistance payments with respect to all individuals entitled to benefits who |
20 | are admitted to the facility on or after January 1, 2022, or shall freeze admissions of new residents. |
21 | (c)(1) The penalty shall be imposed regardless of whether the facility has committed other |
22 | violations of this chapter during the same period that the staffing offense occurred. |
23 | (2) The penalty may not be waived except as provided in subsection (c)(3) of this section, |
24 | but the department shall have the discretion to determine the gravity of the violation in situations |
25 | where there is no more than a ten percent (10%) deviation from the staffing requirements and make |
26 | appropriate adjustments to the penalty. |
27 | (3) The department is granted discretion to waive the penalty when unforeseen |
28 | circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be |
29 | applied no more than two (2) times per calendar year. |
30 | (4) Nothing in this section diminishes a facility’s right to appeal pursuant to the provisions |
31 | of chapter 35 of title 42 (“administrative procedures”). |
32 | (d)(1) Pursuant to rules and regulations established by the department, funds that are |
33 | received from financial penalties shall be used for technical assistance or specialized direct care |
34 | staff training. |
| LC003691 - Page 2 of 4 |
1 | (2) The assessment of a penalty does not supplant the state’s investigation process or |
2 | issuance of deficiencies or citations under this title. |
3 | (3) A notice of noncompliance, whether or not the penalty is waived, and the penalty |
4 | assessment shall be prominently posted in the nursing facility and included on the department’s |
5 | website. |
6 | (e) Any penalty incurred for any offense committed during calendar years 2022 and 2023 |
7 | pursuant to §§ 23-17.5-32, and 23-17.5-33, shall be abated. |
8 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC003691 | |
======== | |
| LC003691 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- RIGHTS OF NURSING HOME PATIENTS | |
*** | |
1 | This act would amend the law on nursing home minimum staffing requirements in order |
2 | that any penalty incurred during calendar years 2022 and 2023 would be abated. |
3 | This act would take effect upon passage. |
======== | |
LC003691 | |
======== | |
| LC003691 - Page 4 of 4 |