2016 -- H 7615

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LC004797

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES

     

     Introduced By: Representatives Lima, Serpa, and Shekarchi

     Date Introduced: February 12, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17-44 of the General Laws in Chapter 23-17 entitled "Licensing

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of Health Care Facilities" is hereby amended to read as follows:

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     23-17-44. Moratorium on new initial nursing facility licensed beds and on increases

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to the licensed capacity of existing nursing facility licenses. -- (a) The licensing agency shall

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issue no new initial licenses for nursing facilities prior to July 1, 2016 2019; provided, however,

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that any person holding a nursing facility license may undertake activities to construct and

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operate a replacement nursing facility with the same or lower bed capacity as is presently licensed

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provided that the replacement facility may only be licensed upon the otherwise unconditional

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cessation of operation of the previously licensed nursing facility;

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      (b) Prior to July 1, 2016 2019and with the exception of the culture initiative pursuant to

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§ 23-17-44(3), the licensing agency shall not increase the licensed bed capacity of any existing

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licensed nursing facility, including any nursing facility approved for change in ownership

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pursuant to §§ 23-17-14.3 and 23-17-14.4, to greater than the level of the facility's licensed bed

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capacity as of August 21, 1996 plus the greater of ten (10) beds or ten percent (10%) of the

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licensed bed capacity. Any person holding a previously issued and valid certificate of need as of

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the date of passage of this section or who shall subsequently be granted a certificate of need

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pursuant to subsection (a) shall be permitted to effect a prior certificate from the licensing agency

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consistent with any other statutory and regulatory provisions which may further apply.

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      (c) Notwithstanding any other provision of the law to the contrary, including any

 

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moratorium on increasing bed capacity in nursing facilities that may otherwise apply, a nursing

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facility may take out of service any or all beds of its licensed capacity without impediment to its

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right to place back into service those beds at a future date under the same terms and conditions as

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applied at the time of taking them out of service.

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      (d) Culture change initiative. - Notwithstanding any other provision of the law to the

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contrary, including any moratorium on increasing bed capacity in nursing facilities that may

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otherwise apply, the licensing agency may increase the licensed bed capacity of any existing

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licensed nursing facility, including any nursing facility approved for change in ownership

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pursuant to §§ 23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in

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accordance with the following criteria and procedures:

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      (i) Culture change definitions and criteria shall be established through regulation, to

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restrict beds added under this initiative only to beds that are designed to provide enhanced quality

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of life to nursing facility residents through the adoption of principles and building designs

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established by the "Eden alternative," "Green house," or "small house" programs or other like

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means;

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      (ii) Only beds taken out-of-service due to facility closure after January 1, 2010 shall be

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available for facility expansion under this culture change initiative subsection. The total number

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of beds that may be licensed to increase capacity under this culture change initiative shall be

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limited to ninety percent (90%) of the first fifty (50) beds that are taken out-of-service, to seventy

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percent (70%) of the next fifty (50) beds that are taken out-of-service, and to fifty percent (50%)

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of any additional beds taken out-of-service;

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      (iii) Only nursing facilities licensed in the state are eligible to expand under the culture

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change initiative;

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      (iv) The department shall promulgate regulations to govern an open and competitive

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process to determine the licensure of expansion beds under this culture change initiative, and

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shall consider the impact on the regional distribution of, and access to, nursing facility beds in the

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state;

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      (v) Any facility seeking to expand their licensed bed capacity under this initiative, that

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will result in an expenditure that meets or exceeds the criteria for determination of need review

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under chapter 23-15, shall be required to receive approval under chapter 23-15.

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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 -- LICENSING OF HEALTH CARE FACILITIES

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     This act would extend the moratorium on nursing facilities and prohibit the licensing of

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new facilities through July 1, 2019.

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     This act would take effect upon passage.

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