Chapter 198 |
2019 -- H 5580 Enacted 07/15/2019 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES |
Introduced By: Representatives Lima, Serpa, Shekarchi, Williams, and Ucci |
Date Introduced: February 27, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 23-17-44 of the General Laws in Chapter 23-17 entitled "Licensing |
of Health-Care Facilities" is hereby amended to read as follows: |
23-17-44. Moratorium on new initial nursing-facility licensed beds and on increases |
to the licensed capacity of existing nursing-facility licenses. |
(a) The licensing agency shall issue no new initial licenses for nursing facilities prior to |
July 1, 2019 2022; provided, however, that any person holding a nursing facility license may |
undertake activities to construct and operate a replacement nursing facility with the same or lower |
bed capacity as is presently licensed, provided that the replacement facility may only be licensed |
upon the otherwise unconditional cessation of operation of the previously licensed nursing |
facility;. |
(b) Prior to July 1, 2019 2022, and with the exception of the culture initiative pursuant to |
subsection (d), the licensing agency shall not increase the licensed bed capacity of any existing |
licensed nursing facility, including any nursing facility approved for change in ownership |
pursuant to §§ 23-17-14.3 and 23-17-14.4, to greater than the level of the facility's licensed bed |
capacity as of August 21, 1996, plus the greater of ten (10) beds or ten percent (10%) of the |
licensed bed capacity. Any person holding a previously issued and valid certificate of need as of |
the date of passage of this section, or who shall subsequently be granted a certificate of need |
pursuant to subsection (a), shall be permitted to effect a prior certificate from the licensing agency |
consistent with any other statutory and regulatory provisions that may further apply. |
Notwithstanding any other provision of the law to the contrary, including any moratorium on |
increasing bed capacity in nursing facilities that may otherwise apply, the licensing agency shall |
be permitted to increase the licensed bed capacity of an existing nursing facility by no more than |
the number of beds previously licensed to one or more other licensed nursing facilities provided |
that: |
(1) All nursing facilities involved in any such transaction must be located within the same |
municipality; |
(2) The owner of a licensed nursing care facility seeking to increase its licensed bed |
capacity must receive approval, following review by the health services council from the |
licensing agency for change in owner of the nursing facility or facilities; |
(3) The nursing facility's licensed bed capacity may only be increased upon the otherwise |
unconditional cessation of operation of the previously licensed other nursing facility or facilities |
and the return of the license of the nursing facility or nursing facilities to the licensing agency; |
and |
(4) The licensed nursing care facility seeking to increase its licensed bed complement |
must comply with any requirements of the health care certificate of need act, chapter 15 of title |
23. |
(c) Notwithstanding any other provision of the law to the contrary, including any |
moratorium on increasing bed capacity in nursing facilities that may otherwise apply, a nursing |
facility may take out of service any or all beds of its licensed capacity without impediment to its |
right to place back into service those beds at a future date under the same terms and conditions as |
applied at the time of taking them out of service. |
(d) Culture-change initiative. Notwithstanding any other provision of the law to the |
contrary, including any moratorium on increasing bed capacity in nursing facilities that may |
otherwise apply, the licensing agency may increase the licensed bed capacity of any existing |
licensed nursing facility, including any nursing facility approved for change in ownership |
pursuant to §§ 23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in |
accordance with the following criteria and procedures: |
(i)(1) Culture-change definitions and criteria shall be established through regulation to |
restrict beds added under this initiative only to beds that are designed to provide enhanced quality |
of life to nursing facility residents through the adoption of principles and building designs |
established by the "Eden Alternative", "Green House", or "Small House" programs or other like |
means; |
(ii)(2) Only beds taken out of service due to facility closure after January 1, 2010, shall |
be available for facility expansion under this culture-change initiative subsection. The total |
number of beds that may be licensed to increase capacity under this culture-change initiative shall |
be limited to ninety percent (90%) of the first fifty (50) beds that are taken out of service, to |
seventy percent (70%) of the next fifty (50) beds that are taken out of service, and to fifty percent |
(50%) of any additional beds taken out of service; |
(iii)(3) Only nursing facilities licensed in the state are eligible to expand under the |
culture-change initiative; |
(iv)(4) The department shall promulgate regulations to govern an open and competitive |
process to determine the licensure of expansion beds under this culture-change initiative, and |
shall consider the impact on the regional distribution of, and access to, nursing facility beds in the |
state; and |
(v)(5) Any facility seeking to expand its licensed bed capacity under this initiative, that |
will result in an expenditure that meets or exceeds the criteria for determination of need review |
under chapter 15 of title 23, shall be required to receive approval under chapter 15 of title 23. |
SECTION 2. This act shall take effect upon passage. |
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LC001708 |
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