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:

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

amended by adding thereto the following chapter:

CHAPTER 94

UNLICENSED HOME HEALTH CARE AGENCIES

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

with this chapter:

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

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

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

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

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

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

23.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agency; and

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

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

for professional misconduct and disciplinary action.

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

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

in which they utilize health care services is:

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

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

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

agency in order to provide continuity of care.

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

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

following actions:

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

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

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

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

employees with an individual practitioner professional license;

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

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

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

unlicensed home health care agency and each employee;

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

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

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

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

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

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

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

licensure as applicable under state law.

     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

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

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

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

proper authority.

     This act would take effect upon passage.

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LC001868

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