Chapter 287

2009 -- S 0866 SUBSTITUTE A AS AMENDED

Enacted 11/13/09

 

A N A C T

RELATING TO HEALTH AND SAFETY -- DETERMINATION OF NEED FOR NEW HEALTH CARE EQUIPMENT AND NEW INSTITUTIONAL HEALTH SERVICES

          

     Introduced By: Senators Perry, Miller, Sosnowski, Sheehan, and Pichardo

     Date Introduced: April 22, 2009

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-15-2 of the General Laws in Chapter 23-15 entitled

"Determination of Need for New Health Care Equipment and New Institutional Health Services"

is hereby amended to read as follows:

 

     23-15-2. Definitions. -- As used in this chapter:

      (1) "Affected person" means and includes the person whose proposal is being reviewed,

or the applicant, health care facilities located within the state which provide institutional health

services, the state medical society, the state osteopathic society, those voluntary nonprofit area-

wide planning agencies that may be established in the state, the state budget office, the office of

health insurance commissioner, any hospital or medical service corporation organized under the

laws of the state, the statewide health coordinating council, contiguous health systems agencies,

and those members of the public who are to be served by the proposed new institutional health

services or new health care equipment.

      (2) "Cost impact analysis" means a written analysis of the effect that a proposal to offer

or develop new institutional health services or new health care equipment, if approved, will have

on health care costs and shall include any detail that may be prescribed by the state agency in

rules and regulations.

      (3) "Director" means the director of the Rhode Island state department of health.

      (4) (i) "Health care facility" means any institutional health service provider, facility or

institution, place, building, agency, or portion of them, whether a partnership or corporation,

whether public or private, whether organized for profit or not, used, operated, or engaged in

providing health care services, which are limited to hospitals, nursing facilities, inpatient

rehabilitation centers (including drug and/or alcohol abuse treatment centers), and certain

facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers,

multi-practice physician ambulatory surgery centers and multi-practice podiatry ambulatory

surgery centers) and facilities providing inpatient hospice care. Single-practice physician or

podiatry ambulatory surgery centers (as defined in subdivisions 23-17-2(13) and 23-17-2(14),

respectively) are exempt from the requirements of chapter 15 of this title; provided, however, that

such exemption shall not apply if a single-practice physician or podiatry ambulatory surgery

center is established by a medical practice group (as defined in section 5-37-1) within two (2)

years following the formation of such medical practice group, when such medical practice group

is formed by the merger or consolidation of two (2) or more medical practice groups or the

acquisition of one medical practice group by another medical practice group. The term "health

care facility" does not include 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.

      (ii) Any provider of hospice care who provides hospice care without charge shall be

exempt from the provisions of this chapter.

      (5) "Health care provider" means a person who is a direct provider of health care

services (including but not limited to physicians, dentists, nurses, podiatrists, physician assistants,

or nurse practitioners) in that the person's primary current activity is the provision of health care

services for persons.

      (6) "Health services" means organized program components for preventive, assessment,

maintenance, diagnostic, treatment, and rehabilitative services provided in a health care facility.

      (7) "Health services council" means the advisory body to the Rhode Island state

department of health established in accordance with chapter 17 of this title, appointed and

empowered as provided to serve as the advisory body to the state agency in its review functions

under this chapter.

      (8) "Institutional health services" means health services provided in or through health

care facilities and includes the entities in or through which the services are provided.

      (9) "New health care equipment" means any single piece of medical equipment (and any

components which constitute operational components of the piece of medical equipment)

proposed to be utilized by a health care provider (whether practicing alone or as a member of a

partnership, corporation, organization, or association) in conjunction with the provision of

services to patients or the public, the capital costs of which would exceed one million dollars

($1,000,000); provided, however, that the state agency shall exempt from review any application

which proposes one for one equipment replacement as defined in regulation.

      (10) "New institutional health services" means and includes:

      (i) Construction, development, or other establishment of a new health care facility.

      (ii) Any expenditure except acquisitions of an existing health care facility which will not

result in a change in the services or bed capacity of the health care facility by or on behalf of an

existing health care facility in excess of two million dollars ($2,000,000) which is a capital

expenditure including expenditures for predevelopment activities.

      (iii) Where a person makes an acquisition by or on behalf of a health care facility or

health maintenance organization under lease or comparable arrangement or through donation,

which would have required review if the acquisition had been by purchase, the acquisition shall

be deemed a capital expenditure subject to review.

      (iv) Any capital expenditure which results in the addition of a health service or which

changes the bed capacity of a health care facility with respect to which the expenditure is made,

except that the state agency may exempt from review by rules and regulations promulgated for

this chapter any bed reclassifications made to licensed nursing facilities and annual increases in

licensed bed capacities of nursing facilities that do not exceed the greater of ten (10) beds or ten

percent (10%) of facility licensed bed capacity and for which the related capital expenditure does

not exceed two million dollars ($2,000,000).

      (v) Any health service proposed to be offered to patients or the public by a health care

facility which was not offered on a regular basis in or through the facility within the twelve (12)

month period prior to the time the service would be offered, and which increases operating

expenses by more than seven hundred and fifty thousand dollars ($750,000), except that the state

agency may exempt from review by rules and regulations promulgated for this chapter any health

service involving reclassification of bed capacity made to licensed nursing facilities.

      (vi) Any new or expanded tertiary or specialty care service, regardless of capital expense

or operating expense, as defined by and listed in regulation, the list not to exceed a total of twelve

(12) categories of services at any one time and shall include full body magnetic resonance

imaging and computerized axial tomography; provided, however, that the state agency shall

exempt from review any application which proposes one for one equipment replacement as

defined by and listed in regulation. Acquisition of full body magnetic resonance imaging and

computerized axial tomography shall not require a certificate of need review and approval by the

state agency if satisfactory evidence is provided to the state agency that it was acquired for under

one million dollars ($1,000,000) on or before January 1, 2010 and was in operation on or before

July 1, 2010.

      (11) "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.

      (12) "Predevelopment activities" means expenditures for architectural designs, plans,

working drawings and specifications, site acquisition, professional consultations, preliminary

plans, studies, and surveys made in preparation for the offering of a new institutional health

service.

      (13) "State agency" means the Rhode Island state department of health.

      (14) "To develop" means to undertake those activities which, on their completion, will

result in the offering of a new institutional health service or new health care equipment or the

incurring of a financial obligation, in relation to the offering of that service.

      (15) "To offer" means to hold oneself out as capable of providing, or as having the

means for the provision of, specified health services or health care equipment.

 

     SECTION 2. Sections 23-17-2, 23-17-6, 23-17-50 and 23-17-57 of the General Laws in

Chapter 23-17 entitled "Licensing of Health Care Facilities" are 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 which

is utilized for the purpose of furnishing surgical services to the owner and/or operator’s own

patients on an ambulatory basis, and shall include both single-practice physician ambulatory

surgery centers and multi-practice physician ambulatory surgery centers. A “single-practice

physician ambulatory surgery center” is a physician ambulatory center 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 physician controlled limited liability company (as

defined in chapter 16 of title 7 (the “Limited Liability Company Act)) in which no physician is an

officer, shareholder, director, or employee of any other corporation engaged in the practice of the

same profession, 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, limited liability company, organization, or association). A

multi-practice physician ambulatory surgery center” is a physician ambulatory surgery center

owned and/or operated by a physician controlled professional service corporation (as defined in

the Professional Service Corporation Law) or a physician controlled limited liability company (as

defined in the Limited Liability Company Act) in which a physician is also an officer,

shareholder, director, or employee of another corporation engaged in the practice of the same

profession, or a group of physicians’ offices (whether owned and/or operated by an individual

practitioner, alone or as a member of a partnership, professional service corporation, limited

liability company, 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 which

is utilized for the purpose of furnishing surgical services to the owner and/or operator’s own

patients on an ambulatory basis, and shall include both single-practice podiatry ambulatory

surgery centers and multi-practice podiatry ambulatory surgery centers. A “single-practice

podiatry ambulatory surgery center” is a podiatry ambulatory center 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 podiatrist controlled limited liability company (as

defined in chapter 16 of title 7 (the “Limited Liability Company Act”)) in which no podiatrist is

an officer, shareholder, director, or employee of any other corporation engaged in the practice of

the same profession, 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, limited liability company, organization, or association). A

multi-practice podiatry ambulatory surgery center” is a podiatry ambulatory surgery center

owned and/or operated by a podiatry controlled professional service corporation(as defined in the

Professional Service Corporation Law) or a podiatry controlled limited liability company (as

defined in the Limited Liability Company Act) in which a podiatrist is also an officer,

shareholder, director, or employee of another corporation engaged in the practice of the same

profession, or a group of podiatrists’ offices (whether owned and/or operated by a an individual

practitioner, alone or as a member of a partnership, professional service corporation, limited

liability company, 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.

 

     23-17-6. Issuance of license -- Posting -- Transfer -- Conditions. -- (a) Upon receipt of

an application for a license, the licensing agency shall issue a license if the applicant and health

care facility meet the requirements established under this chapter and any rules and regulations

that may be established in accordance with the requirements established under this chapter. A

license issued under the provisions of this section shall be the property of the state and loaned to

the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each

license shall be issued only for the premises and persons named in the application, and shall not

be transferable or assignable except with the written approval of the licensing agency. Home

nursing care providers and home care providers operating under a single license may establish

branch offices under that same single license and that license shall be maintained and posted in

the central office.

      (b) Any change in owner, operator, or lessee of a licensed health care facility, except for

a physician office setting providing surgical treatment, (except for single-practice physician

ambulatory surgery centers, multi-practice physician ambulatory surgery centers, single-practice

podiatry ambulatory surgery centers and multi-practice podiatry ambulatory surgery centers as

defined in subsections 13 and 14 of chapter 17, section 2) which license shall be transferable or

assignable by decision of the licensing agency as shall be provided by regulation, shall require

prior review by the health services council and approval of the licensing agency as a condition

precedent to the transfer, assignment, or issuance of a new license. Issuance of the license may be

made subject to any condition; provided, that no condition may be made unless it directly relates

to the statutory purpose expressed in section 23-17-3 or to the review criteria set forth in section

23-17-14.3. This shall not limit the authority of the licensing agency to require correction of

conditions or defects which existed prior to the proposed change of owner, operator, or lessee and

of which notice had been given to the health care facility by the licensing agency.

 

     23-17-50. Physician ambulatory surgery center -- Accreditation, survey, complaint

investigation, and exemptions. -- (a) Accreditation from a national organization acceptable to

the director may be required, at the discretion of the director, in lieu of an annual survey by the

department.

      (b) The provisions of subsection (a) shall not limit in any way the prerogatives of the

director to inspect any physician ambulatory surgery center at any reasonable time, whether for

purpose of general survey or for complaint investigation. The director has access to all records of

the licensed physician ambulatory surgery center including medical records.

      (c) Physician Single practice physician ambulatory surgery centers as defined in

subdivision 23-17-2(13) are exempt from the requirements of chapter 15 of this title.

      (d) Physician Single practice physician ambulatory surgery centers as defined in

subdivision 23-17-2(13) are exempt from the provisions of sections 23-17-14.3 and 23-17-14.4

with respect to initial licensure under this chapter.

 

     23-17-57. Podiatry ambulatory surgery center -- Accreditation, survey, complaint

investigation, and exemptions. -- (a) Accreditation from a national organization acceptable to

the director may be required, at the discretion of the director, in lieu of an annual survey by the

department.

      (b) The provisions of subsection (a) shall not limit in any way the prerogatives of the

director to inspect any podiatry ambulatory surgery center at any reasonable time, whether for

purpose of general survey or for complaint investigation. The director has access to all records of

the licensed podiatry ambulatory surgery center including medical records.

      (c) Podiatry Single practice podiatry ambulatory surgery centers as defined in

subdivision 23-17-2(14) are exempt from the requirements of chapter 15 of this title.

      (d) Podiatry Single practice podiatry ambulatory surgery centers as defined in

subdivision 23-17-2(14) are exempt from the provisions of sections 23-17-14.3 and 23-17-14.4

with respect to initial licensure under this chapter.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02303/SUB A/2

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