2014 -- S 2350

========

LC004384

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Lynch, Walaska, and McCaffrey

     Date Introduced: February 12, 2014

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by

adding thereto the following chapter:

CHAPTER 23-93

DOMESTIC MEDICAL TOURISM

     23-93-1. Domestic medical tourism. -- (a) For purposes of this chapter, "Domestic

Medical Tourism" means the practice of patients of traveling to states other than his or her

residence for the provision of healthcare services.

     23-93-2. Exemption for domestic medical tourism. -- (a) Any healthcare facility

located in the state of Rhode Island specializing in domestic medical tourism, and having more

than fifty percent (50%) of its patients residing outside of the state, shall be exempt from the

provisions of chapter 23-15; provided, however, that such healthcare facility must comply with

all other applicable laws and regulations governing healthcare facilities. Any applicant not

compliant shall have thirty (30) days to comply with this section and any applicable regulations

governing this section.

     (b) Any healthcare facility described in subsection (a) shall, on a biennial basis, certify to

the department that more than fifty percent (50%) of its patients reside outside of the state.

     (c) Any healthcare facility exempt under subsection (a) that fails to certify under

subsection (b), or is otherwise found by the department to have not established that more than

fifty percent (50%) of its patients currently reside outside of the state, shall be required to apply

for a certificate of need during the next review cycle established by the health services council.

     23-93-3. Penalties for noncompliance. -- (a) The department, after notice and

opportunity for hearing to the applicant, is authorized to take corrective action in any case in

which it finds that there has been failure by an applicant to comply with the requirements

established under any approval granted pursuant to this chapter, including, without limitation, the

imposition of monetary fines that may be statutorily permitted by virtue of individual healthcare

facility licensing statutes.

     (b) The notice shall be effected by registered or certified mail or by personal service,

setting forth the particular reasons for the proposed action and fixing a date not less than thirty

(30) days from the date of the mailing or service, at which the applicant shall be given an

opportunity for a prompt and fair hearing. On the basis of the hearing, or upon default of the

applicant, the department shall make a determination specifying its findings of fact and

conclusions. A copy of the determination shall be sent by registered or certified mail or served

personally upon the applicant. The decision shall become final thirty (30) days after it is so

mailed or served, unless the applicant, within such thirty (30) day period, appeals the decision

pursuant to § 42-35-15. The procedure governing hearings authorized by this section shall be in

accordance with §§ 42-35-9 through 42-35-13 as stipulated in § 42-35-14(a). A full and complete

record shall be kept of all proceedings, and all testimony shall be reported but need not be

transcribed unless the decision is appealed pursuant to § 42-35-15. A copy or copies of the

transcript may be obtained by any interested party on payment of the cost of preparing the copy

or copies.

     (c) Nothing in this section shall limit the director's general or emergency powers under §§

23-1-1, 23-17-8 or any other authority granted to the department under the general laws.

     SECTION 2. This act shall take effect upon passage.

========

LC004384

========

LC004384 - Page 2 of 2

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

***

     This act would provide an exemption from the certificate of need process to healthcare

facilities specializing in domestic medical tourism and having more than fifty percent (50%) of its

patients residing outside of the state. Domestic medical tourism would mean the practice of

patients traveling to states other than his or her residence for the provision of healthcare services.

     This act would take effect upon passage.

========

LC004384

========

LC004384 - Page 3 of 2