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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