2015 -- S 0486

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LC001868

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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

     

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 26, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 94

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UNLICENSED HOME HEALTH CARE AGENCIES

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     23-94-1. Definitions. -- The following terms have the following meanings in accordance

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with this chapter:

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     (1) "Director" means the director of the department of health or designee;

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     (2) "Patient" means an individual client or patient who receives health care services from

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a health care organization that would otherwise be required by law to be licensed as a home care,

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home nursing care, or hospice agency by the department of health; and

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     (3) "Unlicensed home health care agency" means any organization that is providing home

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health care services and has not been issued a certificate of need as defined in chapter 15 of title

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23.

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     23-94-2. Accountability and authority. -- The department of health shall maintain and

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keep current a file of all licensed home care, home nursing care, and hospice agencies. This

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information shall be made available to the public and updated on a quarterly basis. The

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department of health shall maintain and keep current a file containing the reports and complaints

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filed against unlicensed home health care agencies within the director's jurisdiction. Each

 

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complaint filed within the department must be investigated within five (5) business days. Upon

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the director's initial findings that an unlicensed home health care agency is operating within the

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department's jurisdiction, the director shall have the authority to have the department immediately

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cease the operations of the unlicensed home health care agency. The director shall obtain a

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warrant issued by a judge or a magistrate of the district court to access all necessary documents,

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patient medical records, electronic information, billing records, executed and pending contracts,

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and other evidentiary materials to further investigate the unlicensed home health care agency and

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pursue the process of providing continuity of care for patients impacted by the investigation. Each

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employee and contractor of an unlicensed home health care agency being investigated shall

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receive written notice by the department within three (3) days following the initial five (5)

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business days designated that the agency in which they are employed or contracted is:

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     (1) Under investigation in accordance with this chapter; and

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     (2) Shall immediately cease providing services on behalf of the unlicensed home health

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agency; and

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     (3) Shall immediately cease providing services to all patients; and

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     (4) Shall be referred to the appropriate board of professional licensure for investigation

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for professional misconduct and disciplinary action.

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     Each patient of an unlicensed home health care agency being investigated shall receive

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notice within three (3) days following the initial five (5) business days designated that the agency

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in which they utilize health care services is:

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     (i) Under investigation in accordance with this chapter; and

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     (ii) Shall be referred to the Rhode Island Partnership for Home Care for an appropriate

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referral for home health care services by a licensed home care, home nursing care, or hospice

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agency in order to provide continuity of care.

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     23-94-3. Disciplinary actions. -- When the director finds that an unlicensed home health

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care agency is operating within the jurisdiction, the director may take one or more of the

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following actions:

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     (1) Suspend operations of the unlicensed home health care agency until a proper hearing

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is requested by the chief executive within thirty (30) days. If the chief executive does not request

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a hearing within thirty (30) days, the agency shall be closed indefinitely;

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     (2) Suspend the right to practice for any or all the unlicensed home health care agency

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employees with an individual practitioner professional license;

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     (3) Revoke the right to practice for all management-level employees of the unlicensed

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home health care agency with an individual practitioner professional license;

 

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     (4) Equally assess against the unlicensed home health care agency chief executive and

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owners all of the administrative costs of the investigation and proceedings instituted against the

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unlicensed home health care agency and each employee;

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     (5) Equally assess against the unlicensed home health care agency chief executive and

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owners all of the administrative costs assumed by the department and by the Rhode Island

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Partnership for Home Care for continuity of care transition for each patient served by the

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unlicensed home health care agency at the time of suspension of operations. The director shall

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provide all information discovered in its investigation and hearings to the attorney general within

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thirty (30) days after the suspension of operations of the unlicensed home health care agency for

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case review of any criminal activity compromising patient care or operating without proper

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licensure as applicable under state law.

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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 HEALTH AND SAFETY

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     This act would establish guidelines, and would clarify jurisdiction for the department of

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health to suspend operations of an unlicensed home health care agency operating without proper

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authority. This act would also define how continuity of care would be provided for patients

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receiving health care services from an unlicensed home health care agency operating without

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proper authority.

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     This act would take effect upon passage.

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