reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-6. - Determination of administrative penalty.

§ 23-17.10-6. Determination of administrative penalty.
In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:
(1)
The actual and potential impact on health, safety, and welfare of the public or any member of the public of the failure to comply;
(2)
The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;
(3)
Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the noncompliance;
(4)
Whether the person being assessed the administrative penalty has previously failed to comply with any:
(i)
Federal requirement for participation in the Medicare or Medicaid programs;
(ii)
Rule, regulation, order, license, or approval issued or adopted by the director;
(iii)
Law relating to skilled nursing or intermediate care facilities; or
(iv)
Rule, regulation, or order regarding the management of infectious waste in health care facilities;
(5)
Making compliance less costly than noncompliance;
(6)
Deterring future noncompliance;
(7)
The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;
(8)
Whether the failure to comply was intentional, willful, or knowing and not the result of error;
(9)
Any amount specified by state and/or federal statute for a similar violation or failure to comply;
(10)
Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and
(11)
The public interest.
History of Section.
P.L. 1988, ch. 182, § 1; P.L. 1989, ch. 543, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-7. - Amount of penalty.

§ 23-17.10-7. Amount of penalty.
The administrative penalty shall be not more than five thousand dollars ($5,000) plus interest for each violation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation. An administrative penalty may be assessed with interest, for each day in which a person is found to be in violation or noncompliance with any federal requirement for participation in the Medicare or Medicaid program, any state law relating to skilled nursing or intermediate care facility, any rule, regulation, order, license, or approval issued or adopted by the director, or any rule, regulation, or order regarding the management of infectious waste in health care facilities. All monies collected shall be deposited in the general fund and administered by the general treasurer.
History of Section.
P.L. 1988, ch. 182, § 1; P.L. 1989, ch. 543, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-8. - Rules and regulations.

§ 23-17.10-8. Rules and regulations.
The director is authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.
History of Section.
P.L. 1988, ch. 182, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-9. - Severability.

§ 23-17.10-9. Severability.
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1988, ch. 182, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-1. - Legislative findings.

§ 23-17.11-1. Legislative findings.
The general assembly finds and declares that the health and welfare of the citizens of the state requires the close supervision of skilled nursing facilities and intermediate care facilities.
History of Section.
P.L. 1988, ch. 528, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-2. - Declaration of purpose.

§ 23-17.11-2. Declaration of purpose.
The purpose of this chapter is to ensure quality care for citizens of the state by vesting in the department of health the power necessary to regulate nursing facilities and provide appropriate legal remedies to provide quality of care for residents in nursing care facilities.
History of Section.
P.L. 1988, ch. 528, § 1; P.L. 2005, ch. 159, § 2; P.L. 2005, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-4. - Powers and duties of director.

§ 23-17.11-4. Powers and duties of director.
(a)
The director shall promulgate any rules and regulations pertaining to nursing facilities that he or she shall determine are necessary and proper to carry out the purposes of this chapter and shall establish a process for notification of quality of care concerns, survey results and enforcement actions to residents and their families, residents’ legal representative and health care providers, the long-term care ombudsman, and the public.
(b)
The director shall have proper standing and is authorized to bring suit in the superior court to enforce the provisions of this chapter. The attorney general or his or her designee shall represent the director in the proceeding, including any ancillary proceeding and any appeals resulting from the proceeding.
(c)
The facility shall be responsible for all costs associated with this chapter in an amount to be determined by the director or the attorney general, subject to the approval of the superior court.
(d)
For the purposes of this chapter, any nursing facility licensed under chapter 17 of this title shall provide on demand to the director of the department of health, the director of the department of human services and the attorney general any and all documents referring or relating to the financial management of the facility, including, but not limited to; liens; Medicaid cost reports; accounts receivable; accounts payable; monthly unaudited financial statements; audited, reviewed or compiled financial statements as prepared in the ordinary course of business; contracts with related parties; tax returns related to indebtedness; payroll and staffing; state taxes and federal taxes.
History of Section.
P.L. 1988, ch. 528, § 1; P.L. 2005, ch. 159, § 2; P.L. 2005, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-5. - Notification of closure — Appointment of receiver.

§ 23-17.11-5. Notification of closure — Appointment of receiver.
(a)
Whenever the department shall receive notification that the closure of a facility is imminent, the director shall petition the superior court for the appointment of a receiver, unless the director shall specifically determine and find that adequate and sufficient arrangements have been made by the owner and/or management of the facility:
(1)
To accomplish the safe and orderly removal and placement of all residents of the facility; and
(2)
To safeguard the health, safety, and well-being of all residents of the facility.
(b)
The court shall appoint a receiver if it determines that the appointment of a receiver is necessary or appropriate to the safe and orderly removal and placement of the persons and/or to the protection of the health, safety, and well-being of the persons. The court may, as it deems necessary or appropriate to accomplish the purposes of this chapter, confer upon any receiver appointed under this section any or all of the following powers:
(1)
All power under common law and the laws of this state and the rules of its courts regarding receiverships generally;
(2)
The power to effectuate the safe and orderly removal and placement of all residents of the facility in a manner which will not be detrimental to the health and safety of the persons; and/or
(3)
The power to continue to operate the facility for the benefit of the residents of the facility until the safe and orderly removal and placement of all residents of the facility have been accomplished.
(c)
Every plan for removal of persons from a facility shall be subject to approval by the court.
(d)
Upon the removal of the last resident from a facility, the licensee shall forfeit his or her license to operate the facility.
History of Section.
P.L. 1988, ch. 528, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-6. - Mismanagement of facility.

§ 23-17.11-6. Mismanagement of facility.
(a)
Whenever the director shall determine that a facility is being mismanaged or operated in a manner which will have a detrimental impact on the health, safety, or well-being of any residents of a facility, and that the appointment of a receiver would facilitate the protection of health, safety, or well-being of the residents of the facility, the director shall petition the superior court for the appointment of a receiver.
(b)
The court shall appoint a receiver if it determines that the appointment of a receiver is necessary or appropriate to the protection of the health, safety, and well-being of the persons. The court shall appoint as a receiver any person(s) who shall have experience in the delivery of health care services, and, if feasible, shall have experience with the operation of long-term care facilities. A receiver shall not have a financial interest in, or any affiliation with, the facility that is the subject of the receivership including, but not limited to, its owners, licensee, management company, employee(s), agent(s), or related party(ies). The court may, as it deems necessary or appropriate to accomplish the purposes of this chapter, confer upon any receiver appointed under this section any or all of the following powers:
(1)
All power under common law and the laws of this state and the rules of its courts regarding receiverships generally;
(2)
The power to continue to operate the facility for the benefit of the residents of the facility;
(3)
The power to sell the facility with the approval of the court; and/or
(4)
The power to facilitate the safe and orderly removal and placement of all residents of the facility in a manner which will not be detrimental to the health and safety of the residents.
(c)
Every plan for closure of a facility shall be subject to approval by the court.
(d)
Upon the removal of the last resident from a facility, the licensee shall forfeit his or her license to operate the facility.
History of Section.
P.L. 1988, ch. 528, § 1; P.L. 2005, ch. 159, § 2; P.L. 2005, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-7. - Reports — Use of experts — Costs.

§ 23-17.11-7. Reports — Use of experts — Costs.
The department of health or the department of attorney general may, in effectuating the purposes of this chapter, engage experts or consultants, including, but not limited to, accountants, auditors, nursing home administrators, medical doctors, nurses or industry analysts. All copies of reports prepared by experts and consultants, and costs associated with these reports, shall be made available to the facility and to the public. All costs incurred under this chapter shall be the responsibility of the facility in an amount to be determined by the attorney general or the director, as they deem appropriate.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-8. - Duty to cooperate.

§ 23-17.11-8. Duty to cooperate.
The facility has a duty to cooperate with the director and the attorney general in all aspects as related to this chapter.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-9. - Retaliation prohibited.

§ 23-17.11-9. Retaliation prohibited.
(a)
No discriminatory, disciplinary or retaliatory action shall be taken by the facility against any officer or employee of a facility; or against any guardian or family member of any resident; or against any resident of the facility; or against any volunteer, for any communication by him or her with the director or the attorney general or their designees pursuant to the provisions of this chapter. The identity of individuals who ask to remain anonymous shall be protected. All anonymous communications shall be investigated but shall not constitute the sole basis for disciplinary action by the director or the attorney general.
(b) Enforcement.
Any person who believes that he or she has been retaliated or discriminated against in violation of subsection (a) may file a civil action within three (3) years of the date of retaliation or discrimination.
(c) Remedies.
If the court determines that violation has occurred, the court may order the person who committed the violation to:
(1)
Pay compensatory damages, costs of litigation and attorneys’ fees; and/or
(2)
Take other appropriate actions to remedy any part retaliation or discrimination.
(d) Limitation.
The protections of this section shall not apply to any person who knowingly or recklessly provides substantially false information to the director or the attorney general or their designees.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-10. - Lien.

§ 23-17.11-10. Lien.
The state shall have a lien for reasonable costs incurred pursuant to this chapter on the following property: the building in which the facility is located if owned by a controlling person; the land on which the facility is located if owned by a controlling person; and any fixtures, equipment or goods used in the operation of the facility if owned by a controlling person. Such lien shall be prior to any mortgage or lien which the court finds has been executed or obtained for a fraudulent purpose or to hinder or delay creditors. Such lien shall also be prior to a mortgage or lien held by any person with an ownership interest in the nursing facility; or held by any controlling person.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-11. - Whistleblower protections.

§ 23-17.11-11. Whistleblower protections.
(a) Prohibition against discrimination.
No person subject to the provisions of this chapter may discharge, demote, threaten or otherwise discriminate against any person or employee with respect to compensation, terms, conditions or privileges of employment as a reprisal because the person or employee (or any person acting pursuant to the request of the employee) provided or attempted to provide information to the director or his or her designee or to the attorney general or his or her designee regarding possible violation of this chapter.
(b) Enforcement.
Any person or employee or former employee subject to the provisions of this chapter who believes that he or she has been discharged or discriminated against in violation of subsection (a) may file a civil action within three (3) years of the date of discharge or discrimination.
(c) Remedies.
If the court determines that a violation has occurred, the court may order the person who committed the violation to:
(1)
Reinstate the employee to the employee’s former position;
(2)
Pay compensatory damages, costs of litigation and attorneys’ fees; and/or
(3)
Take other appropriate actions to remedy any past discrimination.
(d) Limitation.
The protections of this section shall not apply to any person or employee who:
(1)
Deliberately causes or participates in the alleged violation of law or regulation; or
(2)
Knowingly or recklessly provides substantially false information to the director or the attorney general or his or her designees.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-12. - Penalties.

§ 23-17.11-12. Penalties.
Any facility or person that intentionally fails to comply with §§ 23-17.11-4(c) and (d), 23-17.11-7 and 23-17.11-8 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for not more than one year. Each day of violation shall constitute a separate and distinct offense for calculation of the penalty. Each controlling person of a facility subject to penalties under this section shall be severally and personally liable for any fine, penalty or imprisonment provided in this section for violating §§ 23-17.11-4(c) and (d), 23-17.11-7, and 23-17.11-8 of this chapter.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.11 - The Nursing Facilities Receivership Act › Section 23-17.11-13. - Severability.

§ 23-17.11-13. Severability.
If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-1. - Repealed.

§ 23-17.12-1. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-2. - Repealed.

§ 23-17.12-2. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2002, ch. 328, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-3. - Repealed.

§ 23-17.12-3. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1996, ch. 139, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2001, ch. 238, § 1; P.L. 2003, ch. 283, § 1; P.L. 2003, ch. 350, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-4. - Repealed.

§ 23-17.12-4. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1995, ch. 370, art. 40, § 65; P.L. 1996, ch. 139, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-5. - Repealed.

§ 23-17.12-5. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; P.L. 2008, ch. 475, § 50; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-6. - Repealed.

§ 23-17.12-6. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1996, ch. 139, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-7. - Repealed.

§ 23-17.12-7. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-8. - Repealed.

§ 23-17.12-8. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1993, ch. 68, § 1; P.L. 1994, ch. 70, art. 36, § 2; P.L. 1996, ch. 139, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-8.1. - Repealed.

§ 23-17.12-8.1. Repealed.
History of Section.
P.L. 2006, ch. 218, § 1; P.L. 2008, ch. 304, § 1; P.L. 2008, ch. 424, § 1; P.L. 2010, ch. 190, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-9. - Repealed.

§ 23-17.12-9. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1996, ch. 139, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; P.L. 2006, ch. 221, § 1; P.L. 2006, ch. 355, § 1; P.L. 2008, ch. 475, § 50; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-10. - Repealed.

§ 23-17.12-10. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1999, ch. 222, § 1; P.L. 1999, ch. 512, § 1; P.L. 2005, ch. 184, § 1; P.L. 2005, ch. 238, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-11. - Repealed.

§ 23-17.12-11. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 1996, ch. 139, § 2, effective August 2, 1996. Section 23-17.12-11 was repealed again by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-12. - Repealed.

§ 23-17.12-12. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 2014, ch. 178, § 1; P.L. 2014, ch. 204, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-13. - Repealed.

§ 23-17.12-13. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-14. - Repealed.

§ 23-17.12-14. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-15. - Repealed.

§ 23-17.12-15. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-16. - Repealed.

§ 23-17.12-16. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 1995, ch. 370, art. 40, § 65; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.12 - Health Care Services — Utilization Review Act › Section 23-17.12-17. - Repealed.

§ 23-17.12-17. Repealed.
History of Section.
P.L. 1992, ch. 398, § 1; P.L. 2001, ch. 86, § 71; Repealed by P.L. 2017, ch. 302, art. 5, § 1, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-1. - Repealed.

§ 23-17.13-1. Repealed.
History of Section.
P.L. 1996, ch. 41, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-2. - Repealed.

§ 23-17.13-2. Repealed.
History of Section.
P.L. 1996, ch. 41, § 1; P.L. 2003, ch. 214, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-3. - Repealed.

§ 23-17.13-3. Repealed.
History of Section.
P.L. 1996, ch. 41, § 1; P.L. 1999, ch. 123, § 1; P.L. 2003, ch. 214, § 1; P.L. 2008, ch. 475, § 51; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-4. - Repealed.

§ 23-17.13-4. Repealed.
History of Section.
P.L. 1996, ch. 41, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-5. - Repealed.

§ 23-17.13-5. Repealed.
History of Section.
P.L. 1996, ch. 41, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-6. - Repealed.

§ 23-17.13-6. Repealed.
History of Section.
P.L. 2009, ch. 41, § 1; P.L. 2009, ch. 52, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.13 - Health Care Accessibility and Quality Assurance Act › Section 23-17.13-7. - Repealed.

§ 23-17.13-7. Repealed.
History of Section.
P.L. 2014, ch. 411, § 1; P.L. 2014, ch. 443, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 2, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-1. - Short title.

§ 23-17.14-1. Short title.
This chapter shall be known and may be cited as “The Hospital Conversions Act”.
History of Section.
P.L. 1997, ch. 372, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-2. - Findings.

§ 23-17.14-2. Findings.
The general assembly finds and declares that:
(1)
Rhode Island has a proud history of nonprofit hospitals and philanthropic support of medical services, education and research;
(2)
Hospitals in Rhode Island provide overall high quality care at a reasonable cost;
(3)
Hospitals in Rhode Island have experienced substantial declines in occupancy as the healthcare system has changed.
(4)
Hospitals require capital to maintain operations and to modernize facilities and services;
(5)
Nationally and regionally private investment is being made that results in the conversion of not-for-profit and public hospitals into for-profit hospitals;
(6)
There are hospitals in Rhode Island that have provided and continue to provide important services to communities that submit that their survival may depend on the ability to enter into agreements that result in the investment of private capital and their conversion to for-profit status;
(7)
Hospitals both not-for-profit and for-profit are merging and forming networks to achieve integration, stability and efficiency and the presence of these networks affects competition;
(8)
There are concerns that hospital networks may engage in practices that affect the quality medical services in the community as a whole and for more vulnerable members of society in particular;
(9)
In order to protect public health and welfare and public and charitable assets, it is necessary to establish standards and procedures for hospital conversions.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-3. - Purpose of provisions.

§ 23-17.14-3. Purpose of provisions.
The purpose of this chapter is to:
(1)
Assure the viability of a safe, accessible and affordable healthcare system that is available to all of the citizens of the state;
(2)
To establish a process to review whether for-profit hospitals will maintain, enhance, or disrupt the delivery of healthcare in the state and to monitor hospital performance to assure that standards for community benefits continue to be met;
(3)
To establish a review process and criteria for review of hospital conversions;
(4)
To clarify the jurisdiction and the authority of the department of health to protect public health and welfare and the department of attorney general to preserve and protect public and charitable assets in reviewing both hospital conversions which involve for-profit corporations and hospital conversions which include only not-for-profit corporations; and
(5)
To provide for independent foundations to hold and distribute proceeds of hospital conversions consistent with the acquiree’s original purpose or for the support and promotion of health care and social needs in the affected community.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-5. - Prior approval required — Department of attorney general and department of health.

§ 23-17.14-5. Prior approval required — Department of attorney general and department of health.
(a)
A conversion shall require review and approval from the department of attorney general and from the department of health in accordance with the provisions of this chapter; except as provided for under § 23-17.14-12.1 hereof, but shall remain subject to the authority of the attorney general pursuant to § 23-17.14-21 hereof.
(b)
The review by the departments shall occur concurrently, and neither department shall delay its review or determination because the other department has not completed its review or issued its determination. The applicant may request that the review by the department occur concurrently with the review of any relevant federal regulatory authority.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-8. - Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree.

§ 23-17.14-8. Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree.
(a)
The department of health shall review all proposed conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation.
(b)
In reviewing an application for a conversion involving hospitals in which one or more of the transacting parties is a for-profit corporation, the department of health shall consider the following criteria:
(1)
Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties, are satisfactory;
(2)
Whether sufficient safeguards are included to assure the affected community continued access to affordable care;
(3)
Whether the transacting parties have provided clear and convincing evidence that the new hospital will provide health care and appropriate access with respect to traditionally underserved populations in the affected community;
(4)
Whether procedures or safeguards are assured to insure that ownership interests will not be used as incentives for hospital employees or physicians to refer patients to the hospital;
(5)
Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable, and retention of the workforce;
(6)
Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed workforce retraining needed as a consequence of any proposed restructuring;
(7)
Whether the conversion demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access, and balanced healthcare delivery to the residents of the state; and
(8)
Whether the acquiror has demonstrated that it has satisfactorily met the terms and conditions of approval for any previous conversion pursuant to an application submitted under § 23-17.14-6.
(c)
In reviewing proposed conversions in accordance with this section, the department of health shall adhere to the process in § 23-17.14-7(b).
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1; P.L. 2022, ch. 401, § 1, effective June 30, 2022; P.L. 2022, ch. 441, § 1, effective June 30, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-9. - Initial application — Conversions limited to not-for-profit corporations.

§ 23-17.14-9. Initial application — Conversions limited to not-for-profit corporations.
All conversions which are limited to not-for-profit corporations which involve the establishment, maintenance, or operation of a hospital require prior approval of both the department of attorney general and the department of health or, if eligible for expedited review under § 23-17.14-12.1, prior approval of the department of health and subject to the authority of the attorney general pursuant to § 23-17.14-21 hereof. The review by the two (2) departments shall occur concurrently and neither department shall delay its review or determination because the other department has not completed its review or issued its determination. The applicant may request that the review by the departments occur concurrently with the review of any relevant federal regulatory authority. The transacting parties shall file an initial application pursuant to the provisions set forth in § 23-17.14-6 or § 23-17.14-12.1.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-11. - Criteria for the department of health — Conversions limited to not-for-profit corporations.

§ 23-17.14-11. Criteria for the department of health — Conversions limited to not-for-profit corporations.
In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, the department shall consider the following criteria:
(1)
Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties are satisfactory;
(2)
Whether sufficient safeguards are included to assure the affected community continued access to affordable care;
(3)
Whether the transacting parties have provided satisfactory evidence that the new hospital will provide health care and appropriate access with respect to traditionally underserved populations in the affected community;
(4)
Whether procedures or safeguards are assured to insure that ownership interests will not be used as incentives for hospital employees or physicians to refer patients to the hospital;
(5)
Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable, and retention of the workforce;
(6)
Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed workforce retraining needed as a consequence of any proposed restructuring;
(7)
Whether the conversion demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access and balanced healthcare delivery to the residents of the state.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-12. - [Repealed.]

§ 23-17.14-12. [Repealed.]
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 1999, ch. 470, § 1; P.L. 2000, ch. 325, § 1; repealed by P.L. 2022, ch. 401, § 2, effective June 30, 2022; repealed by P.L. 2022, ch. 441, § 2, effective June 30, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-13. - Reports, use of experts, costs.

§ 23-17.14-13. Reports, use of experts, costs.
The department of health or the department of attorney general may in effectuating the purposes of this chapter engage experts or consultants including, but not limited to, actuaries, investment bankers, accountants, attorneys, or industry analysts. All copies of reports prepared by experts and consultants, and costs associated with the reports, shall be made available to the transacting parties and to the public. All costs incurred under this provision shall be the responsibility of one or more transacting parties in an amount to be determined by the attorney general or the director as they deem appropriate and consistent with § 23-17.14-12.1, if applicable. No application for a conversion made pursuant to the requirements of this chapter shall be considered complete unless an agreement has been executed with the attorney general or the director for the payment of costs in accordance with this section.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-14. - Investigations — Notice to attend — Court order to appear — Contempt.

§ 23-17.14-14. Investigations — Notice to attend — Court order to appear — Contempt.
(a)
The director or the attorney general shall conduct investigations in discharging the duties required under this chapter. For purposes of this investigation, the director or the attorney general may require any person, agent, trustee, fiduciary, consultant, institution, association, or corporation directly related to the proposed conversion to appear at any time and place that the director or the attorney general shall designate, then and there under oath and conducted with a stenographic record to produce for the use of the director and/or the attorney general any and all documents and any other information relating directly to the proposed conversion that the director or the attorney general may require, including, but not limited to, interviews, testimony, or statements.
(b)
Whenever the director or the attorney general may require the attendance of any person as provided in subsection (a), the director and/or the attorney general shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance.
(c)
If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes that the notice was issued, or refuses to produce information requested, any justice of the superior court for the county within which the inquiry is carried on or within which the person resides or transacts business, upon application by the director, the attorney general, or any transacting party shall have jurisdiction to hear and consider on an expedited basis the request, and if appropriate and relevant to the consideration of proposed conversion, may issue to the person an order requiring the person to appear before the director or the attorney general there to produce for the use of the director or the attorney general evidence in accordance with the terms of the order of the court, and any failure to obey the order of the superior court may be punished by the court as contempt of court.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2018, ch. 190, § 1; P.L. 2018, ch. 284, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-15. - Charity care requirements.

§ 23-17.14-15. Charity care requirements.
(a)
All licensed hospitals shall, as a condition of initial and/or continued licensure:
(1)
Meet the statewide community needs for the provision of charitable care;
(2)
Meet standards for assurance of the continuance of uncompensated case and community benefits;
(3)
Not discourage persons who cannot afford to pay from seeking essential medical services; and
(4)
Not encourage persons who cannot afford to pay to seek essential medical services from other providers.
(b)
The director shall on an annual basis review each licensed hospital’s level of performance in providing charity care and uncompensated care.
(c)
The director shall consider the appropriate amount of charity and uncompensated care necessary to provide safe and adequate treatment, appropriate access and balanced health care delivery to the residents of the state.
(d)
Each licensed hospital shall provide on or before March 1st of each calendar year a report in a form acceptable to the director, a detailed description with supporting documentation, evidence of compliance of this section including, but not limited to (1) cost of charity care, (2) bad debt, (3) contracted Medicaid shortfalls, and (4) any additional information demonstrating compliance with this section.
(e)
If the department receives sufficient information indicating that a licensed hospital is not in compliance with this section, the director shall hold a hearing upon ten (10) days notice to the licensed hospital and shall issue, in writing, findings and appropriate penalties as set forth in § 23-17.14-30.
History of Section.
P.L. 1997, ch. 372, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-16. - Gag rules prohibited.

§ 23-17.14-16. Gag rules prohibited.
A hospital shall not refuse to contract with or compensate for covered services with an otherwise eligible provider solely because that provider has in good faith communicated with one or more of his or her patients regarding the provisions, terms, or requirements for services of the hospital’s products as they relate to the needs of that provider’s patients.
History of Section.
P.L. 1997, ch. 372, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-17. - Perjury.

§ 23-17.14-17. Perjury.
Any person who is found to have testified falsely under oath before the legislature, the department of health, or the attorney general pursuant to this chapter shall be subject to prosecution for perjury and be subject to the penalties set forth in § 23-17.14-30.
History of Section.
P.L. 1997, ch. 372, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-18. - Prior approval — Closings or significant reduction of medical services.

§ 23-17.14-18. Prior approval — Closings or significant reduction of medical services.
(a)
No hospital emergency department or primary care services which existed for at least one year and which significantly serve uninsured or underinsured individuals shall be eliminated or significantly reduced without the prior approval of the director in accordance with this section.
(b)
Prior to the elimination or significant reduction of an emergency department or primary care services which existed for at least one year and which significantly serve uninsured or underinsured individuals, the hospital shall provide a written plan to the director which shall describe the impact of the proposal on:
(1)
Access to healthcare services for traditionally underserved populations;
(2)
The delivery of healthcare services on the affected community; and
(3)
Other licensed hospitals or healthcare providers in the affected community or in the state.
(c)
Notwithstanding any other provision in the general laws, the director shall have the sole authority to review all plans submitted under this section and the director shall issue a decision within ninety (90) days or the request shall be deemed approved. The director may if deemed appropriate, issue public notice and allow a written comment period within sixty (60) days of receipt of the proposal.
History of Section.
P.L. 1997, ch. 372, § 1.