2025 -- H 6369 | |
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LC002519 | |
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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 | |
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Introduced By: Representatives Donovan, Speakman, Boylan, Cotter, McGaw, Bennett, | |
Date Introduced: May 28, 2025 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 42-9.1 of the General Laws entitled "Office of Health Care |
2 | Advocate" is hereby amended by adding thereto the following section: |
3 | 42-9.1-7. Hospital receivership. |
4 | (a) The health care advocate may petition the superior court for the immediate appointment |
5 | of a receiver if: |
6 | (1) A hospital’s corporate assets are being misapplied or are in danger of being wasted or |
7 | lost; |
8 | (2) The hospital is being mismanaged, is in severe financial distress, or is insolvent; or |
9 | (3) The hospital is being operated in a manner which will have a detrimental impact on the |
10 | health, safety, or well-being of patients and/or their medical care. |
11 | (b) The superior court shall approve the health care advocate’s petition for immediate |
12 | appointment of a receiver if such appointment would: |
13 | (1) Facilitate the management of the hospital; |
14 | (2) Protect the health, safety, or well-being of patients and/or their medical care; or |
15 | (3) Ensure compliance with or advance any of the purposes of the hospital conversions act, |
16 | § 23-17.14-2 et seq. |
17 | (c) In any proceeding for appointment of a receiver pursuant to this section, it shall not be |
18 | necessary for the health care advocate to show that, without relief, the injury that will result will be |
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1 | irreparable, or that the remedy at law is inadequate. |
2 | (d) The court may, as it deems necessary or appropriate, confer upon any receiver appointed |
3 | under this section any or all of the powers available to a receiver under common law, the laws of |
4 | this state, and/or the rules of its courts regarding receiverships. |
5 | 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 | |
*** | |
1 | This act would allow the health care advocate to petition the superior court for the |
2 | appointment of a receiver as deemed necessary or appropriate by the court. |
3 | This act would take effect upon passage. |
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