Introduced By: Senators Enos, Paiva Weed, Fogarty, Walton and Sosnowski
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-17-2 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:
23-17-2. Definitions. -- As used in this chapter:
(1) "Alzheimer's Special Care Unit" means any nursing facility that locks, secures, segregates, or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's or a related disorder, to prevent or limit access by a resident outside the designated or separated area; and that advertises or markets the facility as providing specialized Alzheimer degrees ementia care services.
(2) (i) "Change in operator" means a transfer by the governing body or operator of a health care facility to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to:
(A) Hire or fire the chief executive officer of the health care facility;
(B) Maintain and control the books and records of the health care facility;
(C) Dispose of assets and incur liabilities on behalf of the health care facility; or
(D) Adopt and enforce policies regarding operation of the health care facility.
(ii) This definition is not applicable to circumstances wherein the governing body of a health care facility retains the immediate authority and jurisdiction over the activities enumerated in subdivisions (2)(i)(A) -- (2)(i)(D).
(3) "Change in owner" means:
(i) In the case of a health care facility which is a partnership, the removal, addition, or substitution of a partner which results in a new partner acquiring a controlling interest in the partnership;
(ii) In the case of a health care facility which is an unincorporated solo proprietorship, the transfer of the title and property to another person;
(iii) In the case of a health care facility which is a corporation:
(A) A sale, lease exchange, or other disposition of all, or substantially all of the property and assets of the corporation; or
(B) A merger of the corporation into another corporation; or
(C) The consolidation or two or more corporations, resulting in the creation of a new corporation; or
(D) In the case of a health care facility which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in the corporation; or
(E) In the case of a health care facility which is a nonbusiness corporation, any change in membership which results in a new person acquiring a controlling vote in the corporation.
(4) "Director" means the director of the Rhode Island state department of health.
(5) "Health care facility" means any institutional health service provider, facility or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing health care services, including but not limited to hospitals; nursing facilities; home nursing care provider (which shall include skilled nursing services and may also include activities allowed as a home care provider {ADD or as a nursing service agency ADD}); home care provider (which may include services such as personal care or homemaker services); rehabilitation centers; kidney disease treatment centers; health maintenance organizations; free-standing emergency care facilities, and facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers); hospice care, and substance abuse treatment facilities. The term "health care facility" also includes organized ambulatory care facilities which are not part of a hospital but which are organized and operated to provide health care services to outpatients such as central services facilities serving more than one health care facility or health care provider, treatment centers, diagnostic centers, rehabilitation centers, outpatient clinics, infirmaries and health centers, and neighborhood health centers; providing, however, that the term "health care facility" shall not apply to organized ambulatory care facilities owned and operated by professional service corporations as defined in chapter 5.1 of title 7, as amended (the "Professional Service Corporation Law"), or to a private practitioner's (physician, dentist, or other health care provider) office or group of the practitioners' offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, organization, or association). Individual categories of health care facilities shall be defined in rules and regulations promulgated by the licensing agency with the advice of the health services council. Rules and regulations concerning hospice care shall be promulgated with regard to the "Standards of a Hospice Program of Care", promulgated by national hospice organization. Any provider of hospice care who provides such hospice care without charge shall be exempt from the licensing provisions of this chapter but shall meet the "Standards of a Hospice Program of Care." Facilities licensed by the department of mental health, retardation and hospitals, and the department of human services, and clinical laboratories licensed in accordance with chapter 16.2 of this title, as well as Christian Science institutions (also known as Christian Science Nursing Facilities) listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. shall not be considered health care facilities for purposes of this chapter.
(6) "Homemaker", or however else called, means a trained non-professional worker who performs related housekeeping services in the home for the sick, disabled, dependent, or infirmed, and as further defined by regulation; the director shall establish criteria for training.
(7) "Licensing agency" means the Rhode Island state department of health.
(8) "Medical services" means such professional services and supplies rendered by or under the direction of persons duly licensed under the laws of this state to practice medicine, surgery, or podiatry as may be specified by any medical service plan. Medical service shall not be construed to include hospital services.
(9) "Person" means any individual, trust or estate, partnership, corporation, (including associations, joint stock companies, and insurance companies) state, or political subdivision or instrumentality of a state.
SECTION 2. Section 42-66.7-3 of the General Laws in Chapter 42-66.7 entitled "Long Term Care Ombudsperson Act of 1995" is hereby amended to read as follows:
42-66.7-3. Definitions. -- As used in this chapter:
(1) An "act" of any facility or government agency includes any failure or refusal to act by any facility or government agency.
(2) "Administrator" means any person who is charged with the general administration or supervision of a facility whether or not that person has an ownership interest and whether or not that person's functions and duties are shared with one or more other persons.
(3) "Elderly" means any person sixty (60) years of age or older who is a resident of any facility.
(4) "Facility" means any facility {ADD , ADD} {DEL or DEL}
institution, {ADD home care provider or home nursing care provider, ADD}
whether public or private, offering health or health related services
for the institutionalized elderly, and which is subject to regulation,
visitation, inspection, or supervision by any government agency.
"Facilities" include, but are not limited to, nursing
homes, intermediate care facilities, extended care facilities,
convalescent homes, rehabilitation centers, {ADD home care agencies, ADD}
homes for the aged, veterans' homes, boarding homes, and residential
care and assisted living facilities.
(5) "Government agency" means any department, division, office, bureau, board, commission, authority, non-profit community organization, or any other agency or instrumentality created by any municipality or by the state, or to which the state is a party, which is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities.
(6) "Ombudsperson" means the person or persons designated by the director of the department of elderly affairs. That person or persons shall have expertise and experience in the fields of social work, long term care, and advocacy, and shall be qualified and experienced in commmunicating with the elderly.
(7) "Resident" means any person age sixty (60) years
of age or older who is receiving treatment, care, or housing in
any facility in all of its aspects including, but not limited
to, admission, retention, confinement, period of residence, transfer,
discharge, and in any instances directly related to that status.
Residents include patients and clients. Residents shall also include
disabled persons under sixty (60) years of age residing in nursing
homes, {ADD or clients of ADD} residential and assisted living facilities {DEL ." DEL}
{ADD and home care providers/home nursing care providers. ADD}
SECTION 3. This act shall take effect upon passage.
