2015 -- S 0327

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LC001251

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- RIGHTS OF NURSING HOME PATIENTS

     Introduced By: Senators Crowley, Sosnowski, Ottiano, Satchell, and Jabour

     Date Introduced: February 12, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17.5-25 of the General Laws in Chapter 23-17.5 entitled "Rights

of Nursing Home Patients" is hereby amended to read as follows:

     23-17.5-25. Notice on bed-hold policy and readmission. -- (a) Notice before transfer. -

Before a resident of a nursing facility is transferred for hospitalization or therapeutic leave, a

nursing facility must provide written information to the resident and a family member or legal

representative concerning:

      (1) The provisions of the medical assistance program state plan regarding the period (if

any) during which the resident will be permitted under the state plan to return and resume

residence in the facility; and

      (2) The policies of the facility regarding the period, which policies must be consistent

with subsection (c).

      (b) Notice upon transfer. - At the time of the transfer of a resident to a hospital or for

therapeutic leave, a nursing facility must provide written notice to the resident and a family

member or legal representative of the duration of any period described in subsection (c).

      (c) Permitting resident to return. - A nursing facility must establish and follow a written

policy under which a resident:

      (1) Who is transferred from the facility for hospitalization or therapeutic leave; and

      (2) Whose hospitalization or therapeutic leave exceeds a period paid for under the state

plan for the holding of a bed in the facility for the resident, will be permitted to be readmitted to

the facility immediately upon the first availability of a bed of appropriate level of care in a semi-

private room in the facility if at the time of readmission, the resident requires the services

provided by the facility.

      (d) Any nursing facility that accepts private payment for purposes of reserving a bed in

the facility for a resident who is transferred from the facility for hospitalization or other

institutional therapeutic leave, and that resident's medical and health care is being paid for by the

state medical assistance program, shall not charge an amount per day for reserving a bed in the

facility that exceeds receive the facility's current Medicaid daily rate; for a minimum of the first

five (5) three (3) days of said hospitalization or the institutional therapeutic leave, and shall not

charge the resident, for private pay purposes, an amount per day for reserving a bed in the facility

that exceeds the facility's current Medicaid daily rate for up to two (2) additional days.

      (e) The departments of human services and health shall receive, on a monthly basis, the

names from each nursing home of those persons awaiting readmission under these provisions.

      (f) The department of health shall promulgate regulations governing these provisions.

     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 HEALTH AND SAFETY -- RIGHTS OF NURSING HOME PATIENTS

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     This act would mandate that nursing facilities, when reserving a bed for a patient that has

been transferred for hospitalization, only receive compensation for the facility's Medicaid daily

rate for the first three (3) days and cannot charge the patient a rate that exceeds the Medicaid rate

for private pay purposes, for up to two (2) additional days.

     This act would take effect upon passage.

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