2025 -- H 6369

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

     

     Introduced By: Representatives Donovan, Speakman, Boylan, Cotter, McGaw, Bennett,
Fogarty, Handy, Giraldo, and Potter

     Date Introduced: May 28, 2025

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-9.1 of the General Laws entitled "Office of Health Care

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Advocate" is hereby amended by adding thereto the following section:

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     42-9.1-7. Hospital receivership.

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     (a) The health care advocate may petition the superior court for the immediate appointment

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of a receiver if:

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     (1) A hospital’s corporate assets are being misapplied or are in danger of being wasted or

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lost;

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     (2) The hospital is being mismanaged, is in severe financial distress, or is insolvent; or

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     (3) The hospital is being operated in a manner which will have a detrimental impact on the

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health, safety, or well-being of patients and/or their medical care.

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     (b) The superior court shall approve the health care advocate’s petition for immediate

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appointment of a receiver if such appointment would:

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     (1) Facilitate the management of the hospital;

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     (2) Protect the health, safety, or well-being of patients and/or their medical care; or

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     (3) Ensure compliance with or advance any of the purposes of the hospital conversions act,

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§ 23-17.14-2 et seq.

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     (c) In any proceeding for appointment of a receiver pursuant to this section, it shall not be

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necessary for the health care advocate to show that, without relief, the injury that will result will be

 

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irreparable, or that the remedy at law is inadequate.

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     (d) The court may, as it deems necessary or appropriate, confer upon any receiver appointed

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under this section any or all of the powers available to a receiver under common law, the laws of

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this state, and/or the rules of its courts regarding receiverships.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

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     This act would allow the health care advocate to petition the superior court for the

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appointment of a receiver as deemed necessary or appropriate by the court.

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     This act would take effect upon passage.

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