Chapter 154

2010 -- H 7654 SUBSTITUTE A

Enacted 06/25/10

 

A N A C T

RELATING TO HEALTH AND SAFETY -- DISTRESSED ESSENTIAL COMMUNITY HOSPITALS

          

     Introduced By: Representatives Fierro, Baldelli-Hunt, Brien, Newberry, and Pacheco

     Date Introduced: February 25, 2010

 

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 17.25

DISTRESSED ESSENTIAL COMMUNITY HOSPITALS

 

     23-17.25-1. Legislative findings. (1) Certain community hospitals act as the sole

source of immediate access to hospital care for residents of the areas they serve and are essential

to the maintenance of public health and safety;

     (2) The diversity of services provided by theses essential community hospitals are

necessary for the overall health and safety of the community, but result in financial distress for

the hospitals that must serve large uninsured or governmentally insured populations;

     (3) The distressed essential community hospitals generally report a loss from operations

and are in such a position that their liabilities exceed their assets;

     (4) Because of the important medical services provided by such hospitals, restoring and

ensuring the continued financial viability of these distressed essential community hospitals is

necessary for the public health and safety;

     (5) Landmark Medical Center, located in Woonsocket, Rhode Island, is a distressed

essential community hospital, currently under the supervision of the Rhode Island superior court

pursuant to a special mastership;

     (6) In fiscal year 2009, Landmark Medical Center provided care for nearly forty thousand

(40,000) emergency room patients, seven thousand (7,000) inpatient cases and seventy-five

thousand (75,000) outpatient visits, proving that the financial viability of Landmark Medical

Center is vital to the public health and safety of the community it serves;

     (7) Ensuring the financial viability of Landmark Medical Center will preserve one

thousand three hundred (1,300) jobs and benefit the State of Rhode Island;

     (8) Landmark Medical Center, or its successor-in-interest, if any, must be permitted a

sufficient amount of time to use any funds allocated to it for the purposes of financial assistance

to restore its financial viability and ensure its stability in the future; and

     (9) To preserve the viability of an essential community hospital, it may be necessary for

purposes of certain Medicare classifications to designate such a hospital as a rural hospital.

 

     23-17.25-2. Distressed essential community hospital sales and use tax exemption. –

(a) Notwithstanding any provision of title 44 of the Rhode Island general laws to the contrary, in

recognition of Landmark Medical Center’s status as a distressed essential community hospital

neither Landmark Medical Center or any entity owned or controlled by Landmark Medical Center

(hereinafter defined collectively as "LMC"), nor any success-in-interest to LMC (regardless of

whether any such successor operates for profit or is subject to federal or state taxation), shall be

required to pay or otherwise be financially responsible for any Rhode Island sales and use taxes

that might otherwise be due in connection with any purchases, capital improvements, or any other

activities conducted by LMC (or its successors-in-interest) pursuant to the health facility licenses

maintained by LMC (or its successors-in-interest).

     (b) Notwithstanding subsection (a) herein, this "distressed essential community hospital

sales and use tax exemption" shall not apply to Northern Rhode Island Rehab Management

Associates, L.P. d/b/a Rehab Hospital of Rhode Island ("RHRI") nor any successor-in-interest to

Northern Rhode Island Rehab Management Associates, L.P. d/b/a Rehab Hospital of Rhode

Island ("RHRI").

     (c) This sales and use tax exemption shall be effective as of the effective date of LMC's

conversion to a for-profit entity, in accordance with the provisions of chapter 23-17.14 (Hospital

Conversions Act) and shall continue for a period of twelve (12) years.

 

     23-17.25-3. Rural hospital designation. – The State of Rhode Island designates

Landmark Medical Center as a rural hospital for purposes of satisfying special payment

designations under the Medicare program, if Landmark Medical Center or its successor-in-

interest, if any, should choose to seek such special designations.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01647/SUB A

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