reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-19. - Limits to acquisitions — Community benefits requirements — Filings prohibited.

§ 23-17.14-19. Limits to acquisitions — Community benefits requirements — Filings prohibited.
(a)
Notwithstanding any other provisions in this chapter, nothing herein shall be construed to prohibit a for-profit hospital, its subsidiaries or affiliates, from applying for and receiving approval of a conversion of more than one hospital in the same year, or any subsequent year, and each such application shall require review and approval from the attorney general and the department of health in accordance with the provisions of this chapter.
(b)
In the event that a for-profit corporation applies for conversion of an additional hospital, all provisions of this chapter must be met. In addition to the review process and criteria set forth in this chapter, the department shall have the sole authority and discretion to determine:
(1)
Whether the for-profit corporation provided community benefits as required or promised in connection with obtaining and holding a license or interest therein during the previous license period;
(2)
Whether all terms and conditions of the prior license have been met, including but not limited to, the conditions in § 23-17.14-19(b) and § 23-17.14-15;
(3)
Whether all federal, state and local laws, ordinances and regulations have been complied with relative to any prior license;
(4)
Whether the for-profit corporation planned, implemented, monitored and reviewed a community benefit program during the prior license period;
(5)
Whether the for-profit corporation maintained, enhanced or disrupted the essential medical services in the affected community or the state;
(6)
Whether the for-profit corporation provided an appropriate amount of charity care necessary to maintain or enhance a safe and accessible healthcare delivery system in the affected community and the state; and
(7)
Whether the for-profit corporation demonstrated a substantial linkage between the hospital and the affected community by providing one or more of the following benefits; uncompensated care, charity care, cash or in kind donations to community programs, education and training of professionals in community health issues, relevant research initiatives or essential but unprofitable medical services if needed in the affected community.
(c)
The director may hold a public hearing to solicit input to assess the performance of a for-profit corporation or its affiliates or subsidiaries in providing community benefits in the affected community or the state.
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 23-17.14-20. - Licensing fees.

§ 23-17.14-20. Licensing fees.
Nothing contained in this chapter shall be deemed to affect the licensing fees set forth in § 23-17-38.1.
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 23-17.14-21. - No derogation of attorney general.

§ 23-17.14-21. No derogation of attorney general.
(a)
No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general, including the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with the terms and purposes thereof.
(b)
No provision of this chapter shall be construed as a limitation on the application of the doctrine of cy pres or any other legal doctrine applicable to charitable assets and/or charitable trusts.
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 23-17.14-22. - Distribution of proceeds from acquisition — Selection and establishment of an independent foundation.

§ 23-17.14-22. Distribution of proceeds from acquisition — Selection and establishment of an independent foundation.
(a)
In the event of the approval of a hospital conversion involving a not-for-profit corporation and a for-profit corporation results in a new entity as provided for in § 23-17.14-7(c)(25)(i), it shall be required that the proceeds from the sale and any endowments, restricted, unrestricted and specific purpose funds shall be transferred to a charitable foundation operated by a board of directors.
(b)
The presiding justice of the superior court shall have the authority to:
(1)
Appoint the initial board of directors.
(2)
Approve, modify, or reject proposed bylaws and/or articles of incorporation provided by the transacting parties and/or the initial board of directors.
(c)
The board of directors shall consist of at least seven (7) members and the executive director, who shall serve ex officio. The board members may include one or more members with experience in matters including financial, legal, business, labor, investments, community purpose, grant-making, health care and members who represent diverse populations of the affected community and not more than three (3) members of the board may be prior board members of the existing hospital.
(d)
The membership terms shall be staggered and shall be four (4) years in duration. The board shall annually elect a chairperson from among its members and other officers it deems necessary for the performance of its duties and board members shall not receive compensation.
(e)
Control of the distribution of the proceeds of the fund is vested solely in the board; provided, however, the investment responsibility of the proceeds shall be through the Rhode Island Foundation.
(f)
Vacancies occurring on the board may be filled by a majority vote of the remaining board members.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2008, ch. 475, § 52.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-23. - Powers and duties of the board.

§ 23-17.14-23. Powers and duties of the board.
The board is vested with full power, authority, and jurisdiction over the foundation and may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the foundation.
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 23-17.14-24. - Personal liability excluded.

§ 23-17.14-24. Personal liability excluded.
The members of the board and officers or employees of the foundation are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the foundation unless that conduct is deemed to be gross misconduct or reckless.
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 23-17.14-25. - Implementation.

§ 23-17.14-25. Implementation.
(a)
The presiding justice may take all steps necessary to effectuate the purposes of this chapter and the board shall be appointed no more than sixty (60) days after the completion of the conversion. The board shall act promptly to appoint an executive director, hire staff as necessary, acquire necessary facilities and supplies to begin the operation of the foundation;
(b)
The board shall conduct a public hearing to solicit comments on the proposed mission statement, program agenda, corporate structure, and strategic planning. The board shall hold a public hearing within one hundred eighty (180) days of establishment of the board and on an annual basis thereafter.
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 23-17.14-26. - Annual report.

§ 23-17.14-26. Annual report.
The board shall submit an annual report and a copy of Form 990 as required by the Internal Revenue Service to the presiding justice, the governor, the attorney general and the legislature.
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 23-17.14-27. - General powers and limitations.

§ 23-17.14-27. General powers and limitations.
For the purposes of exercising the specific powers granted in this chapter and effectuating the other purposes of this chapter, the foundation:
(1)
May be sued and sue;
(2)
May have a seal and alter it at will;
(3)
May make, amend, and repeal rules relating to the conduct of the business of the foundation;
(4)
May enter into contracts relating to the administration of the foundation;
(5)
May rent, lease, buy or sell property in its own name and may construct or repair buildings necessary to provide space for its operations;
(6)
May hire personnel, consultants and experts and set salaries; and
(7)
May perform all other functions and exercise all other powers that are necessary, appropriate or convenient to administer the foundation.
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 23-17.14-29. - Whistleblower protections.

§ 23-17.14-29. 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 his or her designee.
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 23-17.14-30. - Failure to comply — Penalties.

§ 23-17.14-30. Failure to comply — Penalties.
If any person knowingly violates or fails to comply with any provision of this chapter or willingly or knowingly gives false or incorrect information:
(1)
The director or attorney general may, after notice and opportunity for a prompt and fair hearing to one or more transacting parties, deny, suspend, or revoke a license, or in lieu of suspension or revocation of the license, may order the licensee to admit no additional persons to the facility, to provide health services to no additional persons through the facility, or to take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000); and
(2)
The attorney general may, after notice and opportunity for a prompt and fair hearing to one or more transacting parties, take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000).
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2019, ch. 275, § 1; P.L. 2019, ch. 280, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-31. - Powers of the department of health.

§ 23-17.14-31. Powers of the department of health.
The department may adopt rules, including measurable standards, as may be necessary to accomplish the purpose of this chapter. In doing so, the department shall review other departmental regulations that may have duplicative requirements, including change of effective control regulations and processes, determination of need requirements and application requirements under § 23-17.14-18, if applicable, and may streamline the process by eliminating duplicative requirements and providing for concurrent regulatory review and combined hearings to the maximum extent possible to promote efficiency and avoid duplication of effort and resources. If such duplicative requirements, including change of effective control regulations and processes, determination of need requirements and application requirements under § 23-17.14-18, and any other are utilized to streamline the process, then the department of health shall include the findings and decisions of those duplicative requirements within the written decision of this chapter.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 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 23-17.14-32. - Powers of the attorney general.

§ 23-17.14-32. Powers of the attorney general.
(a)
The attorney general has the power to decide whether any information required by this chapter of an applicant is confidential and/or proprietary. The decisions by the attorney general shall be made prior to any public notice of an initial application or any public review of any information and shall be binding on the attorney general, the department of health, and all experts or consultants engaged by the attorney general or the department of health.
(b)
The department of attorney general shall adopt rules and regulations to accomplish the purpose of this chapter.
History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-33. - Severability.

§ 23-17.14-33. 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 applicable, and to this end the provisions of this chapter are declared to be severable.
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 23-17.14-34. - Judicial review.

§ 23-17.14-34. Judicial review.
(a)
Any transacting party aggrieved by a final order of the department of health or the attorney general under this chapter may seek judicial review in the superior court in accordance with § 42-35-15.
(b)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(c)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(d)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(1)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(2)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(3)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(4)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(5)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(6)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
(7)
[Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1].
History of Section.
P.L. 2000, ch. 325, § 2; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1; P.L. 2019, ch. 275, § 1; P.L. 2019, ch. 280, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-35. - Court-approved settlements.

§ 23-17.14-35. Court-approved settlements.
The following provisions apply solely and exclusively to judicially approved good-faith settlements of claims relating to the St. Joseph Health Services of Rhode Island retirement plan, also sometimes known as the St. Joseph Health Services of Rhode Island pension plan:
(1)
A release by a claimant of one joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides, but the release shall reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the release.
(2)
A release by a claimant of one joint tortfeasor relieves them from liability to make contribution to another joint tortfeasor.
(3)
For purposes of this section, a good-faith settlement is one that does not exhibit collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non-settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors’ proportionate share of liability.
History of Section.
P.L. 2018, ch. 62, § 1; P.L. 2018, ch. 63, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.14 - The Hospital Conversions Act › Section 23-17.14-36. - Hospital conversion monitoring account.

§ 23-17.14-36. Hospital conversion monitoring account.
There is hereby established within the department of health, a restricted receipt account entitled “Hospital Conversion Monitoring”. This account shall be used for the sole purpose to fund monitoring activities associated with hospital conversions pursuant to § 23-17.14-28(d)(1), (2), (3), and (4). Funds held in non-state escrow, whether currently existing or prospective, through agreement between the department of health and the conversion acquiror may be deposited into the restricted receipt account and disbursed, as necessary, to conduct the monitoring activities associated with § 23-17.14-28(d)(1), (2), (3), and (4).
History of Section.
P.L. 2022, ch. 231, art. 2, § 3, effective July 1, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.15 - Long-Term Health Care Goals and Values › Section 23-17.15-1. - Legislative findings.

§ 23-17.15-1. Legislative findings.
It is found and declared as follows:
(1)
Rhode Island has a very high percentage of elderly persons, and the percentage of elderly persons is expected to increase.
(2)
Rhode Island elderly and disabled persons desire access to the complete range of long-term care services.
(3)
Coordination among existing long-term care programs needs continued improvement.
(4)
Rhode Island needs to adopt goals and values for public policy regarding long-term care such as those stated in the “Long-Term Care Plan for Rhode Island 1995-2000” as prepared by the long-term care coordinating council, pursuant to chapter 20 of title 40.
(5)
The citizens of Rhode Island deserve a long-term care system that:
(i)
Is consumer-driven and includes consumers in long-term care policy development; and
(ii)
Is seamless, with coordinated funding and administration; and
(iii)
Encourages consumer rights, information, choice, quality of care, safety, and quality of life; and
(iv)
Accommodates the preferences of consumers, most of whom choose to remain independent and in their own homes and the community for as long as possible; and
(v)
Offers a balanced array of services that are cost-effective and meet consumers’ needs.
History of Section.
P.L. 1998, ch. 53, § 1; P.L. 1998, ch. 321, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.15 - Long-Term Health Care Goals and Values › Section 23-17.15-2. - Long-term care goals and values.

§ 23-17.15-2. Long-term care goals and values.
All long-term care programs and services provided by any department or agency of the state shall be designed to promote independence and care in the least restrictive environment, to enhance the quality of life for consumers, and be consistent with and inclusive of the following values that reflect consumers’ preferences and needs:
(1)
Consumers are treated with dignity and respect.
(2)
Consumers actively participate in all decisions concerning their care.
(3)
Consumers must be able to make informed choices about long-term care.
(4)
Consumers have access to a range of services organized to meet their needs.
(5)
The long-term care financing system is equitable, balancing personal and public responsibility.
(6)
The long-term care system is accountable to the public.
(7)
The long-term care system supports family and other informal caregivers.
(8)
The long-term care system offers appropriate choices of services and providers.
(9)
The long-term care system controls costs for consumers and the public.
(10)
The long-term care system offers quality care in all service settings.
(11)
The long-term care system coordinates with either medical, housing, transportation, health and/or other important services necessary to the consumer.
History of Section.
P.L. 1998, ch. 53, § 1; P.L. 1998, ch. 321, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.16 - Home Care Patient Rights › Section 23-17.16-1. - Legislative findings.

§ 23-17.16-1. Legislative findings.
The general assembly finds:
(1)
Home health care is an important part of the quality of health care;
(2)
Home health care permits patients to receive medical care and treatment in the community; and
(3)
Home health care is cost efficient health care.
History of Section.
P.L. 2012, ch. 447, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.16 - Home Care Patient Rights › Section 23-17.16-2. - Definitions.

§ 23-17.16-2. Definitions.
As used in this chapter:
(1)
“Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.
(2)
“Person” means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.
History of Section.
P.L. 2012, ch. 447, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.16 - Home Care Patient Rights › Section 23-17.16-3. - Purpose.

§ 23-17.16-3. Purpose.
The purpose of home health care is:
(1)
To avoid institutionalization;
(2)
To shorten hospital stays;
(3)
To speed recovery;
(4)
To bridge care from healthcare facilities and primary care providers and specialty providers; and
(5)
To allow patients to remain in the community.
History of Section.
P.L. 2012, ch. 447, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.16 - Home Care Patient Rights › Section 23-17.16-4. - Written notice of rights of home care patients/clients.

§ 23-17.16-4. Written notice of rights of home care patients/clients.
Each patient/client of a home nursing-care provider or home-care provider agency has the right to be informed of his or her rights under this chapter and the home nursing-care provider or home-care provider agency must protect and promote the exercise of these rights. The home nursing-care provider or home-care provider agency must provide the patient/client with a written notice of the patient/client rights in § 23-17.16-2 in advance of furnishing care to the patient/client or during the initial evaluation visit before the initiation of treatment. A copy of the written notice of rights signed by the patient/client will be maintained in the patient/client record by the home nursing-care provider or home-care provider agency and in the patient/client’s home. The home nursing-care provider or home-care provider agency must maintain documentation showing that it has complied with the requirements of this section. The provisions of this chapter shall not apply to nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in accordance with the creed or tenets of a well recognized church or religious denomination.
History of Section.
P.L. 1998, ch. 426, § 1; P.L. 1998, ch. 452, § 1; P.L. 2012, ch. 447, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-1. - Purpose.

§ 23-17.17-1. Purpose.
The legislature finds that:
(1)
The health care service system is under transition;
(2)
The growth of managed care and utilization review, the merger of facilities and regionalization of care systems, and increased competition and conversions from nonprofit to for-profit status, are evidence of this transition;
(3)
The changes have created strong public interest in issues relating to quality of care and access to health services, and require careful monitoring of quality of care issues and new and improved public sector approaches to measuring, evaluating and improving quality;
(4)
It is an important public health function to promote quality in the state’s health care system by developing a health care quality performance measures and reporting program to guide quality improvement initiatives.
History of Section.
P.L. 1998, ch. 92, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-2. - Definitions.

§ 23-17.17-2. Definitions.
(a)
“Clinical outcomes” means information about the results of patient care and treatment.
(b)
“Director” means the director of the department of health or his or her duly authorized agent.
(c)
“Healthcare facility” has the same meaning as contained in the regulations promulgated by the director of health pursuant to chapter 17 of this title.
(d)
“Healthcare provider” means any physician, or other licensed practitioners with responsibility for the care, treatment, and services rendered to a patient.
(e)
“Hospital-acquired infection” means a localized or systemic condition: (1) that results from adverse reaction to the presence of an infectious agent(s) or its toxin(s); and (2) may include infections not present or exhibiting signs and symptoms at the time of admission to the hospital as determined by the department with recommendations from the health care quality steering committee with advice from the hospital acquired infections and prevention advisory committee.
(f)
“Insurer” means any entity subject to the insurance laws and regulations of this state, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation, an insurance company offering accident and sickness insurance, a health maintenance organization, as defined by § 27-41-1, a nonprofit hospital or medical service corporation, as defined by chapters 19 and 20 of title 27, or any other entity providing a plan of health insurance or health benefits.
(g)
“Patient satisfaction” means the degree to which the facility or provider meets or exceeds the patients’ expectations as perceived by the patient by focusing on those aspects of care that the patient can judge.
(h)
“Performance measure” means a quantitative tool that provides an indication of an organization’s performance in relation to a specified process or outcome.
(i)
“Quality of care” means the result or outcome of healthcare efforts.
(j)
“Reporting program” means an objective feedback mechanism regarding individual or facility performance that can be used internally to support performance improvement activities and externally to demonstrate accountability to the public and other purchasers, payers, and stakeholders.
(k)
“Risk-adjusted” means the use of statistically valid techniques to account for patient variables that may include, but need not to be limited to, age, chronic disease history, and physiologic data.
(l)
“Consumer information” means, but is not limited to, providing written recommendations to every individual before and during their hospitalization for the purpose of preventing hospital acquired infections. In emergency hospitalizations, written guidelines shall be given within a reasonable period of time.
History of Section.
P.L. 1998, ch. 92, § 1; P.L. 2006, ch. 248, § 2; P.L. 2006, ch. 274, § 2; P.L. 2008, ch. 97, § 1; P.L. 2008, ch. 154, § 1; P.L. 2008, ch. 475, § 53; P.L. 2010, ch. 164, § 1; P.L. 2010, ch. 168, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-3. - Establishment of health care quality performance measurement and reporting program.

§ 23-17.17-3. Establishment of health care quality performance measurement and reporting program.
The director of health is authorized and directed to develop a state health care quality performance measurement and reporting program. The health care quality performance measurement and reporting program shall include quality performance measures and reporting for health care facilities licensed in Rhode Island. The program shall be phased in over a multi-year period and shall begin with the establishment of a program of quality performance measurement and reporting for hospitals. In subsequent years, quality performance measurement and reporting requirements will be established for other types of health care facilities such as nursing facilities, home nursing care providers, other licensed facilities, and licensed health care providers as determined by the director of health. Prior to developing and implementing a quality performance measurement and reporting program for hospitals or any other health care facility or health care provider, the director shall seek public comment regarding the type of performance measures to be used and the methods and format for collecting the data.
History of Section.
P.L. 1998, ch. 92, § 1; P.L. 2006, ch. 248, § 2; P.L. 2006, ch. 274, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-4. - Program requirements — Adoption of rules and regulations.

§ 23-17.17-4. Program requirements — Adoption of rules and regulations.
(a)
The quality performance measurement and reporting program established under this chapter shall, at a minimum, incorporate the following:
(1)
A standardized data set of clinical performance measures, risk-adjusted for patient variables, that shall be collected and reported periodically to the department, and
(2)
Comparable, statistically valid patient satisfaction measures that shall be conducted periodically by facilities and/or health care providers and reported to the department.
(b)
In accordance with the provisions of § 42-35-3, the director is authorized to adopt, promulgate, and enforce rules and regulations designed to implement the provisions of this chapter including the details and format for the periodic reporting requirements.
History of Section.
P.L. 1998, ch. 92, § 1; P.L. 2006, ch. 248, § 2; P.L. 2006, ch. 274, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-5. - Annual report.

§ 23-17.17-5. Annual report.
(a)
The director shall prepare and submit by January fifteenth (15th) of each year an annual report to the general assembly and governor on the status of the health care quality performance measurement and reporting program. The annual report shall include information on trends in health care quality performance measures, identify areas for quality improvement initiatives, and program plans and objectives for future years. The first annual report shall include:
(1)
Progress to date in implementing the health care quality performance measurement and reporting program for hospitals,
(2)
A proposed timetable for adding additional types of licensed facilities to the health care quality performance measurement and reporting program, and
(3)
A study of a cost-sharing mechanism for the operational costs of the health care quality performance measurement and reporting program.
(b)
The director shall also prepare a statewide quality performance measurement report using the data collected from the quality performance measurement and reporting program. The report, based on risk-adjusted, scientifically valid, data-driven mechanisms, shall be made available to the public to show how individual facilities compare and to help identify both exemplary performance and best practices to facilitate the provision of bench marking services to health care organizations.
History of Section.
P.L. 1998, ch. 92, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-8. - Annual hospital staffing report.

§ 23-17.17-8. Annual hospital staffing report.
(a)
Annually in the month of January, every licensed hospital shall submit to the Rhode Island department of health, its core-staffing plan. Such plan shall specify for each patient care unit and each shift, the number of registered nurses, licensed practical nurses and/or certified nursing assistants who shall ordinarily be assigned to provide direct patient care and the average number of patients upon which such staffing levels are based.
(b)
For the purposes of this section:
(1)
“Core-staffing plan” shall mean the projected complement of nonmanagerial nursing staff that shall be assigned on each shift to a specified patient care unit.
(2)
“Nonmanagerial nursing staff” shall mean registered nurses, licensed practical nurses and/or certified nursing assistants who perform nonmanagerial direct patient care functions for more than fifty percent (50%) of their scheduled hours on a given patient care unit.
(3)
“Patient care unit” shall mean a designated area for assigning patients and staff for which discrete budget and staffing plans exist.
History of Section.
P.L. 2005, ch. 45, § 1; P.L. 2005, ch. 60, § 1; P.L. 2008, ch. 475, § 53.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.17 - Health Care Quality Program › Section 23-17.17-10. - Reporting requirements for the health care database.

§ 23-17.17-10. Reporting requirements for the health care database.
(a)
Insurers, health care providers, health care facilities and governmental agencies shall file reports, data, schedules, statistics or other information determined by the director to be necessary to carry out the purposes of this chapter. The reports required by this chapter shall be accepted by the director in any certification commission for health care information technology (“CCHIT”) certified form. Such information may include:
(1)
health insurance claims and enrollment information used by health insurers;
(2)
information relating to hospital finance; and
(3)
any other information relating to health care costs, prices, quality, utilization, or resources required to be filed by the director.
(b)
The comprehensive health care information system shall not collect any data that contains direct personal identifiers. For the purposes of this section “direct personal identifiers” includes information relating to an individual that contains primary or obvious identifiers, such as the individual’s name, street address, e-mail address, telephone number and social security number. All data submitted to the director pursuant to this chapter shall be protected by the removal of all personal identifiers and the assignment by the insurer to each subscriber record of a unique identifier not linked to any personally identifiable information.
History of Section.
P.L. 2008, ch. 114, § 1; P.L. 2008, ch. 207, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.18 - Health Plan Modification Act › Section 23-17.18-1. - Repealed.

§ 23-17.18-1. Repealed.
History of Section.
P.L. 1999, ch. 477, § 1; Repealed by P.L. 2017, ch. 302, art. 5, § 3, effective January 1, 2018.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-1. - Short title.

§ 23-17.19-1. Short title.
This chapter shall be known and may be cited as the “Long-Term Care Resident and Employee Immunization Act”.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-2. - Definitions.

§ 23-17.19-2. Definitions.
The following words and phrases when used in this chapter have the meanings given to them in this section unless the content clearly indicates otherwise:
(1)
“Department” means the department of health;
(2)
“Employee” means an individual employed, whether directly, by the contract with another entity or as an independent contractor, by a long-term care nursing facility on a part-time or full-time basis;
(3)
“Long-term care facility or facility” means a health care facility as defined in chapter 17 of this title, which provides long-term health care.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-3. - Long-term care resident and employee immunization.

§ 23-17.19-3. Long-term care resident and employee immunization.
Except as provided in § 23-17.19-6, every facility in this state shall request that residents and employees be immunized for influenza virus and pneumococcal disease in accordance with this chapter.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-4. - Resident immunization.

§ 23-17.19-4. Resident immunization.
(a) Notice to resident.
Upon admission, the facility shall notify the resident and legal guardian of the immunization requirements of this chapter and request that the resident agree to be immunized against influenza virus and pneumococcal disease.
(b) Records and immunizations.
Every facility shall document the annual immunization against influenza virus and immunization against pneumococcal disease for each resident which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that a resident is lacking the immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation of the immunization shall take place no later than November 30 of each year.
(c) Other immunizations.
An individual who becomes a resident after November 30 and prior to April 1 of the following year shall have his or her status for influenza and pneumococcal immunization determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunizations.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-5. - Employee immunization.

§ 23-17.19-5. Employee immunization.
(a) Notice to employees.
Every facility shall notify every employee of the immunization requirements of this chapter and request that the employee agree to be immunized against influenza virus.
(b) Records and immunizations.
The facility shall require documentation of annual immunization against influenza virus for each employee, which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that an employee is lacking the immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation of the immunization shall take place no later than November 30 of each year.
(c) Other immunizations.
An individual who is newly employed as an employee and after November 30 and prior to April 1 shall have his status for influenza determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunization.
(d) Immunization authorized.
Nothing in this section shall prohibit the immunization against pneumococcal disease to employees.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-6. - Exceptions.

§ 23-17.19-6. Exceptions.
No resident or employee shall be required to receive either the influenza or pneumococcal vaccine if any of the following apply:
(1)
The vaccine is contraindicated;
(2)
It is against his or her religious beliefs; or
(3)
The resident or the resident’s legal guardian refuses the vaccine after being fully informed of the health risks of that action.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.19 - Immunization in Long Term Care Facilities › Section 23-17.19-7. - Regulations.

§ 23-17.19-7. Regulations.
(a) Promulgation by department.
The department shall promulgate regulation relating to the immunization requirements of this chapter, taking into consideration the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the Centers for Disease Control and Prevention.
(b) Educational materials.
The department, in conjunction with the department of elderly affairs, shall make available educational and informational materials to all facilities with respect to vaccination against influenza virus and pneumococcal disease.
(c) Report to general assembly.
Three (3) years from July 13, 2000, the department shall report to the general assembly on the number of outbreaks in facilities each year due to influenza virus and pneumococcal disease. The number of hospitalizations of facility residents each year due to influenza virus, pneumococcal disease, and complications of those must be reported as well.
History of Section.
P.L. 2000, ch. 263, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.20 - Healthcare Facilities Staffing › Section 23-17.20-1. - Purpose.

§ 23-17.20-1. Purpose.
It is declared to be the public policy of this state to establish a maximum workday for certain hourly wage employees as defined herein, beyond which the employees cannot be required to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as well as the health and general well-being of the persons to whom these employees provide services.
History of Section.
P.L. 2007, ch. 496, § 1; P.L. 2007, ch. 515, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.20 - Healthcare Facilities Staffing › Section 23-17.20-2. - Definitions.

§ 23-17.20-2. Definitions.
As used in this chapter:
(1)
“Employee” means a nurse licensed pursuant to chapter 5-34, and a certified nurse assistant registered pursuant to chapter 23-17.9, provided further, that such term shall not include certified registered nurse anesthetists or resident physicians; and provided further, that for purposes of this chapter, said nurse and/or nursing assistant shall be paid on the basis of an hourly wage. As used in this chapter, the term “employee” shall not include a person who is paid an annual salary, and shall not include employees who are working pre-scheduled “on-call time” in the surgical department of a health care facility.
(2)
“Employer” means a person, partnership, association, corporation or group of persons acting directly or indirectly in the interest of a health care facility;
(3)
“Health care facility” means any private, public or state hospital;
(4)
“On-call time” means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises;
(5)
“Reasonable efforts” means that the employer shall:
(i)
Seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;
(ii)
Contact all qualified employees who have made themselves available to work extra time; and
(iii)
Seek the use of per diem staff;
(6)
“Regular hourly wage” means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employee’s total earnings for the week, exclusive of pay for overtime work;
(7)
“Unforeseeable emergent circumstance” means an unpredictable occurrence relating to health care delivery that requires immediate action, and which shall include a major power outage, a public health emergency, an irregular increase in patient census, or an irregular increase in the number of employees not reporting for predetermined scheduled work shifts.
History of Section.
P.L. 2007, ch. 496, § 1; P.L. 2007, ch. 515, § 1; P.L. 2008, ch. 475, § 54.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.20 - Healthcare Facilities Staffing › Section 23-17.20-3. - Overtime requirement.

§ 23-17.20-3. Overtime requirement.
(a)
No health care facility as defined above shall require an employee to accept work in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours.
(b)
No health care facility shall require an employee to work overtime in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours, except in an unforeseeable emergent circumstance. In no case shall a health care facility require an employee to work in excess of twelve (12) consecutive hours. The refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.
(c)
Nothing in this chapter shall be construed to limit voluntary overtime in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours.
(d)
The provisions of this section shall not apply in the case of an unforeseeable emergent circumstance when: (1) the overtime is required only as a last resort and is not used to fill vacancies resulting from chronic short staffing; and (2) the employer has exhausted reasonable efforts to obtain staffing.
(e)
The requirement that the employer shall exhaust reasonable efforts to obtain staffing shall not apply in the event of any declared national, state or municipal emergency or a disaster or other catastrophic event which substantially affects or increases the need for health care services.
History of Section.
P.L. 2007, ch. 496, § 1; P.L. 2007, ch. 515, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.20 - Healthcare Facilities Staffing › Section 23-17.20-4. - Penalty for violations.

§ 23-17.20-4. Penalty for violations.
Any employer who violates or fails to comply with any of the provisions of this chapter shall be subject to a fine of three hundred dollars ($300) for each violation of this chapter, which shall be paid to the center for health professions, as established in § 23-17.20.2. Until such time as the center for health professions is operating, the fines shall be payable to the general fund. The department of labor and training shall determine if a violation of this chapter occurs, and shall levy the appropriate fine.
History of Section.
P.L. 2007, ch. 496, § 1; P.L. 2007, ch. 515, § 1.