Chapter 245
2008 -- H 7464
Enacted 07/05/08
A N A C T
RELATING
TO HEALTH AND SAFETY
Introduced
By: Representatives McNamara, Corvese, Malik, Lewiss, and Naughton
Date
Introduced: February 13, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
23-17-2 of the General Laws in Chapter 23-17 entitled "Licensing
of Health Care Facilities" is hereby
amended to read as follows:
23-17-2.
Definitions. -- As used in this chapter:
(1)
"Alzheimer's dementia special care unit or program" means a distinct
living
environment within a nursing facility that has
been physically adapted to accommodate the
particular needs and behaviors of those with
dementia. The unit provides increased staffing,
therapeutic activities designed specifically for
those with dementia, and trains its staff on an
ongoing basis on the effective management of the
physical and behavioral problems of those with
dementia. The residents of the unit/program have
had a standard medical diagnostic evaluation
and have been determined to have a diagnosis of
Alzheimer's dementia or another dementia.
(2) (i)
"Change in operator" means a transfer by the governing body or
operator of a
health care facility to any other person (excluding
delegations of authority to the medical or
administrative staff of the facility) of the
governing body's authority to:
(A) Hire or fire
the chief executive officer of the health care facility;
(B) Maintain and
control the books and records of the health care facility;
(C) Dispose of
assets and incur liabilities on behalf of the health care facility; or
(D) Adopt and
enforce policies regarding operation of the health care facility.
(ii) This
definition is not applicable to circumstances wherein the governing body of a
health care facility retains the immediate
authority and jurisdiction over the activities enumerated
in subdivisions (2)(i)(A) -- (2)(i)(D).
(3) "Change
in owner" means:
(i) In the case
of a health care facility which is a partnership, the removal, addition, or
substitution of a partner which results in a new
partner acquiring a controlling interest in the
partnership;
(ii) In the case
of a health care facility which is an unincorporated solo proprietorship,
the transfer of the title and property to
another person;
(iii) In the case
of a health care facility that is a corporation:
(A) A sale, lease
exchange, or other disposition of all, or substantially all of the property
and assets of the corporation; or
(B) A merger of
the corporation into another corporation; or
(C) The
consolidation or two (2) or more corporations, resulting in the creation of a
new
corporation; or
(D) In the case
of a health care facility which is a business corporation, any transfer of
corporate stock which results in a new person
acquiring a controlling interest in the corporation;
or
(E) In the case
of a health care facility which is a nonbusiness corporation, any change in
membership which results in a new person
acquiring a controlling vote in the corporation.
(4)
"Clinician" means a physician licensed under title 5, chapter 37; a
nurse licensed
under title 5, chapter 34; a psychologist
licensed under title 5, chapter 44; a social worker licensed
under title 5, chapter 39.1; a physical
therapist licensed under title 5, chapter 40; and a speech
language pathologist or audiologist licensed
under title 5, chapter 48.
(5)
"Director" means the director of the Rhode Island state department of
health.
(6) "Health
care facility" means any institutional health service provider, facility
or
institution, place, building, agency, or portion
thereof, whether a partnership or corporation,
whether public or private, whether organized for
profit or not, used, operated, or engaged in
providing health care services, including but
not limited to hospitals; nursing facilities; home
nursing care provider (which shall include
skilled nursing services and may also include activities
allowed as a home care provider or as a nursing
service agency); home care provider (which may
include services such as personal care or
homemaker services); rehabilitation centers; kidney
disease treatment centers; health maintenance
organizations; free-standing emergency care
facilities, and facilities providing surgical
treatment to patients not requiring hospitalization
(surgi-centers); hospice care, and physician
ambulatory surgery centers and podiatry ambulatory
surgery centers providing surgical treatment.
The term "health care facility" also includes
organized ambulatory care facilities which are
not part of a hospital but which are organized and
operated to provide health care services to
outpatients such as central services facilities serving
more than one health care facility or health
care provider, treatment centers, diagnostic centers,
outpatient clinics, infirmaries and health
centers, school based health centers and neighborhood
health centers. The term "health care
facility" also includes a mobile health screening vehicle as
defined in this section. The term "health
care facility" shall not apply to organized ambulatory
care facilities owned and operated by
professional service corporations as defined in chapter 5.1
of title 7, as amended (the "Professional
Service Corporation Law"), or to a private practitioner's
(physician, dentist, or other health care
provider) office or group of the practitioners' offices
(whether owned and/or operated by an individual
practitioner, alone or as a member of a
partnership, professional service corporation,
organization, or association). Individual categories
of health care facilities shall be defined in
rules and regulations promulgated by the licensing
agency with the advice of the health services
council. Rules and regulations concerning hospice
care shall be promulgated with regard to the
"Standards of a Hospice Program of Care",
promulgated by National Hospice Organization.
Any provider of hospice care who provides
hospice care without charge shall be exempt from
the licensing provisions of this chapter but
shall meet the "Standards of a Hospice
Program of Care." Facilities licensed by the department of
mental health, retardation, and hospitals and
the department of human services, and clinical
laboratories licensed in accordance with chapter
16.2 of this title, as well as Christian Science
institutions (also known as Christian Science
Nursing Facilities) listed and certified by the
Commission for Accreditation of Christian
Science Nursing Organizations/Facilities, Inc. shall
not be considered health care facilities for
purposes of this chapter.
(7)
"Homemaker", or however else called, means a trained non-professional
worker who
performs related housekeeping services in the
home for the sick, disabled, dependent, or infirm,
and as further defined by regulation; the
director shall establish criteria for training.
(8)
"Hospital" means a person or governmental entity licensed in
accordance with this
chapter to establish, maintain and operate a
hospital.
(9)
"Licensing agency" means the Rhode Island state department of health.
(10)
"Medical services" means any professional services and supplies
rendered by or
under the direction of persons duly licensed
under the laws of this state to practice medicine,
surgery, or podiatry that may be specified by
any medical service plan. Medical service shall not
be construed to include hospital services.
(11)
"Non-English speaker" means a person who cannot speak or understand,
or has
difficulty in speaking or understanding, the
English language, because he/she uses only or
primarily a spoken language other than English,
and/or a person who uses a sign language and
requires the use of a sign language interpreter
to facilitate communication.
(12)
"Person" means any individual, trust or estate, partnership,
corporation, (including
associations, joint stock companies, and
insurance companies) state, or political subdivision or
instrumentality of a state.
(13)
"Physician ambulatory surgery center" means an office or portion of
an office
owned and/or operated by a physician controlled
professional service corporation as defined in
chapter 5.1 of title 7 (the "Professional
Service Corporation Law"), or a private physician's office
or group of the physicians' offices (whether
owned and/or operated by an individual practitioner,
alone or as a member of a partnership,
professional service corporation, organization, or
association) which is utilized for the purpose
of furnishing surgical services to the owner and/or
operator's own patients on an ambulatory basis.
(14)
"Podiatry ambulatory surgery center" means an office or portion of an
office owned
and/or operated by a podiatrist controlled
professional service corporation as defined in chapter
5.1 of title 7 (the "Professional Service
Corporation Law"), or a private podiatrist's office or
group of the podiatrists' offices (whether owned
and/or operated by an individual practitioner,
alone or as a member of a partnership,
professional service corporation, organization, or
association) which is utilized for the purpose
of furnishing surgical services to the owner and/or
operator's own patients.
(15)
"Qualified interpreter" means a person who, through experience and/or
training, is
able to translate a particular foreign language
into English with the exception of sign language
interpreters who must be licensed in accordance
with chapter 71 of title 5.
(16)
"Qualified sign language interpreter" means one who has been licensed
in
accordance with the provisions of chapter 71 of
title 5.
(17) "School
based health center" means a facility located in an elementary or
secondary
school that delivers primary and preventive
health care services to students on site.
(18)
"Mobile health screening vehicle" means a mobile vehicle, van, or
trailer that
delivers primary and preventive health care
screening services, and:
(i) does not
maintain active contracts or arrangements with any health insurer subject to
regulation under chapters 20 or 42 of title 27;
(ii) does not
maintain active contracts or arrangements with another licensed health care
facility as that term is defined within this
section; and
(iii) does not
provide medical services free of charge.
SECTION 2. This
act shall take effect upon passage.
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LC01254
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