reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-5. - Services and charges.

§ 23-17.5-5. Services and charges.
Each patient shall be informed, in writing, prior to or at the time of admission and during his or her stay, of services available and of related charges, including all charges not covered either under federal and/or state programs, by other third-party payers, or by the facility’s basic per diem rate.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-6. - Care by physician — Disclosure of patient’s medical condition.

§ 23-17.5-6. Care by physician — Disclosure of patient’s medical condition.
(a)
Each patient admitted to a facility shall be and remain under the care of a physician as specified in policies adopted by the governing body.
(b)
Each patient shall be informed by a physician of his or her medical condition unless medically contraindicated, as documented by a physician in his or her medical record, and shall be afforded the opportunity to participate in the planning of his or her medical treatment.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-7. - Experimentation.

§ 23-17.5-7. Experimentation.
If it is proposed that a patient be used in any human experimentation project, the patient shall first be thoroughly informed in writing of the proposal, and shall be offered the right to refuse to participate in the project. A patient who, after being thoroughly informed, wishes to participate, must execute a written statement of informed consent. The informed consent documentation shall be maintained on file in the facility.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-8. - Grievances.

§ 23-17.5-8. Grievances.
Patients shall be encouraged and assisted to voice their grievances through a documented grievance mechanism established by the facility, involving patients, staff, and relatives of patients, which will insure patients’ freedom from restraints, interference, coercion, discrimination, or reprisal.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-9. - Abuse.

§ 23-17.5-9. Abuse.
(a)
Patients shall not be subject to mental and physical abuse, and shall be free from chemical and (except in emergencies) physical restraints except as authorized in writing by a physician for a specified and limited period of time for the protection of the patient.
(b)
Restraining devices are generally prohibited. A controlling device to be used for the protection of the patient may be utilized only as prescribed in writing and signed by a physician. The length of time, the purpose, and the kind of restraint shall be specified in the physician’s order.
(c)
A training program in the use of restraints shall be required for all personnel providing direct patient care, and completion of the program shall be documented in the employee’s personnel record.
(d)
If physical restraining devices are authorized by a physician in accordance with subsection (b), the patient’s next of kin or legal guardian shall be informed in writing of the purpose and duration of restraint. A copy of the communication shall be retained in the medical record for one year.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-10. - Performance of services by patients.

§ 23-17.5-10. Performance of services by patients.
A patient shall not be required to perform services for the facility that are not included for therapeutic purposes in the patient’s plan of care.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-11. - Participation in activities.

§ 23-17.5-11. Participation in activities.
Patients may meet with and participate in activities of social, religious, and community groups at their discretion unless medically contraindicated per written medical order.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-12. - Visitors.

§ 23-17.5-12. Visitors.
(a)
Patients may associate and communicate privately with persons of their choice and shall be allowed freedom and privacy in sending and receiving mail.
(b)
Posted reasonable visiting hours must be maintained in each home, with a minimum of four (4) hours daily.
(c)
The facility shall permit the long term care ombudsman of the department of elderly affairs, and his or her designees as certified by that department, whose purposes include rendering assistance without charge to nursing home patients, to have access to the facility and its patients, if there is neither commercial purpose nor affect to the access, in order to:
(1)
Visit, talk with, and make personal, social, and legal services available to all patients.
(2)
Inform patients of their rights and entitlements, and their corresponding obligations, under federal and state laws by means of distribution of educational materials and discussion in groups and with individual patients.
(3)
Assist patients in pursuing their legal rights regarding claims for public assistance, medical assistance, and social security benefits, as well as in all matters in which patients are aggrieved.
(4)
Have access to all areas of the facility accessible to patients except the immediate living area of a patient who objects to the access.
(5)
Engage in all other methods of assisting, advising, and representing patients so as to extend to them full enjoyment of their rights.
(d)
Any ombudsman, as certified by the department of elderly affairs, shall have access at any time. Individual patients shall have the complete right to terminate or deny any visit by persons having access pursuant to this section. Communications between a patient and persons having access pursuant to this section shall be confidential, unless the patient authorizes the release of the information. The communication shall be conducted in privacy. The state shall protect and hold harmless the long term care ombudsman, and his or her designees, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit for damages resulting from acts or omissions committed in the discharge of his or her duties and within the scope of his or her employment which may constitute negligence, but which acts are not wanton, malicious or grossly negligent, as determined by a court of competent jurisdiction.
(e)
No patient shall be punished or harassed by the facility or by its agents or employees because of the patient’s effort to avail himself or herself of his or her rights, or because of the activities of others having access pursuant to this section.
History of Section.
As enacted by P.L. 1978, ch. 235, § 1; P.L. 1982, ch. 88, § 1; P.L. 1991, ch. 289, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-13. - Personal services.

§ 23-17.5-13. Personal services.
Patients shall have the right to obtain personal services or to purchase personal needs outside of the facility.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-14. - Right to privacy.

§ 23-17.5-14. Right to privacy.
(a)
The patient’s right to privacy and confidentiality shall extend to all records pertaining to the patient. Release of any records shall be subject to the patient’s approval except in case of transfer to another health care facility or as otherwise provided by law.
(b)
The right to privacy and confidentiality relates to the public dissemination of specific information contained within patient records and to the identification of specific individuals, but does not abrogate the responsibility of the licensing agency to review all patient records.
(c)
With the permission of a patient or patient’s legal guardian, the long-term care ombudsman shall have access to review the patient’s medical and social records or, if a patient is unable to consent to the review and has no legal guardian, appropriate access to the patient’s medical and social records shall be granted to the long-term care ombudsman.
History of Section.
P.L. 1978, ch. 235, § 1; P.L. 1989, ch. 255, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-15. - Financial affairs.

§ 23-17.5-15. Financial affairs.
A patient may manage his or her personal financial affairs or shall be given at least quarterly accounting of financial transactions made on his or her behalf, if written delegation of this responsibility was accepted by the facility for a stipulated period of time and in conformance with state laws.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-16. - Married patient.

§ 23-17.5-16. Married patient.
If married, patients shall be assured privacy for visits by the spouse; if both are inpatients in the facility, they may share a room unless medically contraindicated per written order of the physician and subject to the availability of accommodations within the facility.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-17. - Transfer to another facility.

§ 23-17.5-17. Transfer to another facility.
(a)
Before transferring a patient to another facility or level of care within a facility, the patient shall be informed of the need for the transfer and of any alternatives to the transfer.
(b)
A patient shall be transferred or discharged only for medical reasons, or for the patient’s welfare or that of other patients or for nonpayment of the patient’s stay. A facility seeking to discharge a patient for nonpayment of the patient’s stay must, if the patient has been a patient of the facility for thirty (30) days or longer, provide the patient and, if known, a family member or legal representative of the patient, with written notice of the proposed discharge thirty (30) days in advance of the discharge.
(c)
The patient may file an appeal of the proposed discharge with the state agency designated for hearing such appeals, and if the appeal is received by that agency within ten days after the date of written notice, the patient may remain in the facility until the decision of the hearing officer. For appeals where the patient remains in the facility:
(i)
Any hearing on the appeal shall be scheduled no later than thirty (30) days after the receipt by the state agency of the request for appeal;
(ii)
No more than one request for continuance by the patient shall be permitted and, if granted, the hearing on the appeal must be rescheduled for a date and time no later than forty (40) days after the receipt by the state agency of the request for appeal; and
(iii)
The decision of the hearing officer shall be rendered as soon as possible, but in any event within five (5) days after the date of the hearing.
(d)
Reasonable advance notice of transfers to healthcare facilities other than hospitals shall be given to ensure orderly transfer or discharge and those actions shall be documented in the medical record.
(e)
In the event that a facility seeks a variance from the required thirty (30) day notice of closure of the facility, reasonable advance notice of the hearing for the variance shall be given by the facility to the patient, his or her guardian, or relative so appointed or elected to be his or her decision-maker, and an opportunity to be present at the hearing shall be granted to the designated person.
(f)
In the event of the voluntary closure of a facility, which closure is the result of a variance from the required thirty (30) day notice of closure, granted by the director of the department of health, reasonable advance notice of the closure shall be given by the facility to the patient, his or her guardian, or relative so appointed or elected to be his or her decision-maker.
(g)
Nothing herein shall be construed to relieve a patient from any obligation to pay for the patient’s stay in a facility.
History of Section.
P.L. 1978, ch. 235, § 1; P.L. 2000, ch. 240, § 1; P.L. 2015, ch. 141, art. 5, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-18. - Development of responsibilities.

§ 23-17.5-18. Development of responsibilities.
All rights and responsibilities specified in §§ 23-17.5-3, 23-17.5-7, 23-17.5-15, and 23-17.5-17 shall devolve, in order of priority, to a patient’s guardian, next of kin, sponsoring agency(ies) or representative payor (except when the facility itself is the representative payor) for patients who are:
(1)
Adjudicated incompetent in accordance with state law; or
(2)
Found by the physician to be medically incapable of understanding their rights; or
(3)
Found to exhibit a communication barrier. If, however, the communication barrier is one of speaking a language other than English, then an attempt shall be made to find an interpreter to allow the patient to knowingly exercise his or her rights.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-19. - Discrimination.

§ 23-17.5-19. Discrimination.
Each patient shall be offered treatment without discrimination as to sex, race, color, religion, national origin, source of payment, disability, or diagnosis of Alzheimer’s disease or related dementia.
History of Section.
P.L. 1978, ch. 235, § 1; P.L. 1991, ch. 149, § 2; P.L. 1991, ch. 212, § 1; P.L. 1991, ch. 323, § 2; P.L. 1999, ch. 83, § 50; P.L. 1999, ch. 130, § 50.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-20. - Posting of law.

§ 23-17.5-20. Posting of law.
Every nursing home licensed pursuant to this title shall display a copy of the provisions of this chapter and related information in a conspicuous place in each nursing home. At a minimum the display must include the following:
(1)
A summary of the major provisions of chapter 17.5 of this title.
(2)
The address and telephone number of the division within the health department that will accept complaints or notice of violations of the sections in this chapter, the state ombudsman, and Medicaid fraud unit.
(3)
Notice of availability and location of public records regarding the results of state and federal licensing and certification surveys of nursing homes.
History of Section.
P.L. 1978, ch. 235, § 1; P.L. 1989, ch. 265, § 1; P.L. 2004, ch. 115, § 1; P.L. 2004, ch. 182, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-21. - Penalties.

§ 23-17.5-21. Penalties.
Any nursing home which refuses or neglects to post provisions or which violates the requirements of this chapter shall be guilty of a misdemeanor for each violation punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-22. - Enforcement.

§ 23-17.5-22. Enforcement.
The director of the department of health and/or local or state police within their respective jurisdictions, upon receipt of a complaint from any citizen, are empowered to enforce the provisions of this chapter.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-23. - Severability.

§ 23-17.5-23. Severability.
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-24. - Resident for more than six months — Right to remain after depletion of funds — Penalty for violations.

§ 23-17.5-24. Resident for more than six months — Right to remain after depletion of funds — Penalty for violations.
Every patient who has been a resident of a nursing home which participates in the Rhode Island medical assistance program and has made payments from private funds for at least six (6) months shall, upon depletion of the private funds, be permitted to remain as a resident of the nursing home at the rate of payment to be paid by and calculated by the department of human services; provided, that the patient meets the eligibility requirements of § 40-8-3 and that the patient meets the criteria for skilled nursing, ICF I or ICF II level of care, and that the facility provides the level of care that the patient requires and has an available bed at that level of care. Every person or corporation violating the provision of this section would be subject to a fine of up to five thousand dollars ($5,000) and/or loss of license.
History of Section.
P.L. 1982, ch. 361, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-25. - Notice on bed-hold policy and readmission.

§ 23-17.5-25. Notice on bed-hold policy and readmission.
(a) Notice before transfer.
Before a resident of a nursing facility is transferred for hospitalization or therapeutic leave, a nursing facility must provide written information to the resident and a family member or legal representative concerning:
(1)
The provisions of the medical assistance program state plan regarding the period (if any) during which the resident will be permitted under the state plan to return and resume residence in the facility; and
(2)
The policies of the facility regarding the period, which policies must be consistent with subsection (c).
(b) Notice upon transfer.
At the time of the transfer of a resident to a hospital or for therapeutic leave, a nursing facility must provide written notice to the resident and a family member or legal representative of the duration of any period described in subsection (c).
(c) Permitting resident to return.
A nursing facility must establish and follow a written policy under which a resident:
(1)
Who is transferred from the facility for hospitalization or therapeutic leave; and
(2)
Whose hospitalization or therapeutic leave exceeds a period paid for under the state plan for the holding of a bed in the facility for the resident, will be permitted to be readmitted to the facility immediately upon the first availability of a bed of appropriate level of care in a semi-private room in the facility if at the time of readmission, the resident requires the services provided by the facility.
(d)
Any nursing facility that accepts private payment for purposes of reserving a bed in the facility for a resident who is transferred from the facility for hospitalization or other institutional therapeutic leave, and that resident’s medical and health care is being paid for by the state medical assistance program, shall not charge an amount per day for reserving a bed in the facility that exceeds the facility’s current Medicaid daily rate; for a minimum of the first five (5) days of said hospitalization or the institutional therapeutic leave.
(e)
The departments of human services and health shall receive, on a monthly basis, the names from each nursing home of those persons awaiting readmission under these provisions.
(f)
The department of health shall promulgate regulations governing these provisions.
History of Section.
P.L. 1989, ch. 270, § 1; P.L. 2004, ch. 228, § 1; P.L. 2004, ch. 303, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-26. - Smoke-free environment.

§ 23-17.5-26. Smoke-free environment.
(a) Smoke-free environment.
Nursing home patients shall have the right to live in a tobacco smoke-free environment. It shall be prohibited for any person other than a nursing home resident to smoke in any nursing home in Rhode Island. It shall be prohibited for any nursing home resident to smoke in any nursing home in Rhode Island except in a smoking room, rooms designated by the administration of the nursing home, a private room, or a semi-private room where both residents smoke. The designated smoking room or rooms shall be a room or rooms other than the largest living or assembly room or lounge. The designated smoking room or rooms shall be ventilated in such a way that the air from that room or rooms shall not enter other parts of the nursing home.
(b) Penalties and enforcement.
(1) The department of health, having received a written and signed letter of complaint from any person citing a violation of this chapter, shall enforce this entire chapter against violations by either of the following actions:
(1)(i)
Serving written notice to comply to the person, organization or facility manager charged with the violation, with a copy of the notice to the complaining person, requiring the person, organization or facility manager to correct within ten (10) days any violation or section of this chapter.
(ii)
Upon receiving a second complaint at the department of health for the same or continued violation by the same person, the complaint shall be resolved by calling upon the attorney general to maintain, without delay, an action for injunction to enforce the provisions of this chapter, to cause the correction of the same or continued violation of this section, and for assessment and recovery of a civil penalty for the violation.
(2)
A person, organization, or facility manager who violates this chapter shall be liable for a civil penalty, but not to be less than fifty dollars ($50.00) nor to exceed five hundred dollars ($500) which shall be assessed and recovered in a civil action brought by the attorney general in any court of competent jurisdiction. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Any penalty assessed and recovered in an action brought pursuant to this subsection shall be paid over to the general treasurer and added to the general fund.
(3)
In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that the breach proximately caused injury.
History of Section.
P.L. 1993, ch. 224, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-27. - Heat relief.

§ 23-17.5-27. Heat relief.
Any nursing home facility which does not provide air conditioning in every patient room shall provide an air conditioned room or rooms in a residential section or sections of the facility to provide relief to patients when the outdoor temperature exceeds eighty (80) degrees Fahrenheit.
History of Section.
P.L. 2000, ch. 243, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-28. - Pain assessment.

§ 23-17.5-28. Pain assessment.
A patient shall have the right to have his or her pain assessed on a regular basis.
History of Section.
P.L. 2002, ch. 331, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-29. - Hospice.

§ 23-17.5-29. Hospice.
Upon request, the patient shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.
History of Section.
P.L. 2003, ch. 238, § 4; P.L. 2003, ch. 306, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-30. - Family councils.

§ 23-17.5-30. Family councils.
(a)
For the purposes of this section “family council” means an organized group of the family members, friends or representatives of facility residents who may meet in private without the presence of facility staff.
(b)
The role of the family council shall be to address issues affecting residents generally at the facility, not to pursue individual grievances. The family council shall not be entitled to obtain information about individual residents or staff members, or any other information deemed confidential under state or federal law.
(c)
No licensed nursing facility may prohibit the formation of a family council. When requested by a member of a resident’s family or a resident’s representative, a family council shall be allowed to meet in a common meeting room of the nursing facility at least once a month during mutually agreed upon hours.
(d)
Upon the admission of a resident, the nursing facility shall inform the resident and the resident’s family members, in writing, of their right to form a family council, or if a family council already exists, of the date, time and location of scheduled meetings.
(e)
The nursing facility administration shall notify the state long-term care ombudsman of the existence or planned formation of a family council at that facility.
(f)
The family council may exclude members only for good cause, subject to appeal by the excluded party to the state long-term care ombudsman. No member shall be excluded on the basis of race or color, religion, gender, sexual orientation, disability, age or country of ancestral origin.
(g)
A facility shall provide its family council with adequate space in a prominent posting area for the display of information pertaining to the family council.
(h)
Staff or visitors may attend family council meetings at the council’s invitation.
(i)
The nursing facility shall provide a designated staff person who, at the request of the council, shall be responsible for providing assistance to the family council and for responding to recommendations and requests made by the family council.
(j)
The nursing facility shall consider the recommendations of the family council concerning issues and policies affecting resident care and life at the nursing facility.
(k)
A violation of the provisions of this section will constitute a violation of the rights of nursing home residents.
History of Section.
P.L. 2005, ch. 157, § 6; P.L. 2005, ch. 249, § 6.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-31. - Reimbursement of monies prepaid to deceased patient’s estate.

§ 23-17.5-31. Reimbursement of monies prepaid to deceased patient’s estate.
Every nursing home shall be required to reimburse any monies that have been prepaid on behalf of a deceased patient to the nursing home within ninety (90) days of the patient’s date of death. Said reimbursement shall be paid to the person(s), institution or other legal entity who has paid the monies, or if there be none, to the deceased patient’s estate, and payment shall be made in the amount remaining after all items and services provided or arranged by the nursing home have been paid. If payment hereunder is required to be made to the deceased patient’s estate, however, payment shall not become due until sixty (60) days after the nursing home is notified that the estate has been filed.
History of Section.
P.L. 2010, ch. 140, § 1; P.L. 2010, ch. 142, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-32. - Minimum staffing levels.

§ 23-17.5-32. Minimum staffing levels.
(a)
Each facility shall have the necessary nursing service personnel (licensed and non-licensed) in sufficient numbers on a twenty-four (24) hour basis, to assess the needs of residents, to develop and implement resident care plans, to provide direct resident care services, and to perform other related activities to maintain the health, safety, and welfare of residents. The facility shall have a registered nurse on the premises twenty-four (24) hours a day.
(b)
For purposes of this section, the following definitions shall apply:
(1)
“Direct caregiver” means a person who receives monetary compensation as an employee of the nursing facility or a subcontractor as a registered nurse, a licensed practical nurse, a medication technician, a certified nurse assistant, a licensed physical therapist, a licensed occupational therapist, a licensed speech-language pathologist, a mental health worker who is also a certified nurse assistant, or a physical therapist assistant.
(2)
“Hours of direct nursing care” means the actual hours of work performed per patient day by a direct caregiver.
(c)(i)
Commencing on January 1, 2022, nursing facilities shall provide a quarterly minimum average of three and fifty-eight hundredths (3.58) hours of direct nursing care per resident, per day, of which at least two and forty-four hundredths (2.44) hours shall be provided by certified nurse assistants.
(ii)
Commencing on January 1, 2023, nursing facilities shall provide a quarterly minimum of three and eighty-one hundredths (3.81) hours of direct nursing care per resident, per day, of which at least two and six-tenths (2.6) hours shall be provided by certified nurse assistants.
(d)
Director of nursing hours and nursing staff hours spent on administrative duties or non-direct caregiving tasks are excluded and may not be counted toward compliance with the minimum staffing hours requirement in this section.
(e)
The minimum hours of direct nursing care requirements shall be minimum standards only. Nursing facilities shall employ and schedule additional staff as needed to ensure quality resident care based on the needs of individual residents and to ensure compliance with all relevant state and federal staffing requirements.
(f)
The department shall promulgate rules and regulations to amend the Rhode Island code of regulations in consultation with stakeholders to implement these minimum staffing requirements on or before October 15, 2021.
(g)
On or before January 1, 2024, and every five (5) years thereafter, the department shall consult with consumers, consumer advocates, recognized collective bargaining agents, and providers to determine the sufficiency of the staffing standards provided in this section and may promulgate rules and regulations to increase the minimum staffing ratios to adequate levels.
History of Section.
P.L. 2021, ch. 23, § 1, effective May 27, 2021; P.L. 2021, ch. 24, § 1, effective May 27, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-35. - Staffing plan.

§ 23-17.5-35. Staffing plan.
(a)
There shall be a master plan of the staffing pattern for providing twenty-four-hour (24) direct care nursing service; for the distribution of direct care nursing personnel for each floor and/or residential area; for the replacement of direct care nursing personnel; and for forecasting future needs.
(b)(1)
The staffing pattern shall include provisions for registered nurses, licensed practical nurses, certified nursing assistants, medication technicians, licensed physical therapists, licensed occupational therapists, licensed speech-language pathologists, mental health workers who are also certified nurse assistants, physical therapist assistants, and other personnel as required.
(2)
The number and type of nursing personnel shall be based on resident care needs and classifications as determined for each residential area. Each nursing facility shall be responsible to have sufficient qualified staff to meet the needs of the residents.
(3)
At least one individual who is certified in basic life support must be available twenty-four (24) hours a day within the nursing facility.
(4)
Each nursing facility shall include direct caregivers, including at least one certified nursing assistant, in the process to create the master plan of the staffing pattern and the federally mandated facility assessment. If the certified nursing assistants in the nursing facility are represented under a collective bargaining agreement, the bargaining unit shall coordinate voting to allow the certified nursing assistants to select their representative.
History of Section.
P.L. 2021, ch. 23, § 1, effective May 27, 2021; P.L. 2021, ch. 24, § 1, effective May 27, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-36. - Enhanced training.

§ 23-17.5-36. Enhanced training.
The department of labor and training shall provide grants from its workforce development resources to eligible nursing facilities for enhanced training for direct care and support services staff to improve resident quality of care and address the changing healthcare needs of nursing facility residents due to higher acuity and increased cognitive impairments. The department will work with stakeholders, including labor representatives, to create the eligibility criteria for the grants. In order for facilities to be eligible they must pay their employees at least fifteen dollars ($15.00) per hour, have staff retention above the statewide median, and comply with the minimum staffing requirements.
History of Section.
P.L. 2021, ch. 23, § 1, effective May 27, 2021; P.L. 2021, ch. 24, § 1, effective May 27, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.6 - Mobile Intensive Care Unit Program › Section 23-17.6-1. - Hospitals authorized to conduct.

§ 23-17.6-1. Hospitals authorized to conduct.
Any hospital licensed by the state department of health may conduct a program which meets or exceeds the minimum standards established by the ambulance service coordinating board utilizing advanced emergency medical technicians for the delivery of emergency care to the sick and injured at the scene of an emergency and during the transport to a hospital, while in the hospital emergency department, and until care responsibility is assumed by the regular hospital staff.
History of Section.
P.L. 1973, ch. 155, § 1; G.L. 1956, § 23-16.1-1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17.6-1; P.L. 1982, ch. 95, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.6 - Mobile Intensive Care Unit Program › Section 23-17.6-2. - “Advanced emergency medical technicians” defined.

§ 23-17.6-2. “Advanced emergency medical technicians” defined.
For the purposes of this chapter, “advanced emergency medical technician” means personnel who have been specially trained in emergency cardiac and non-cardiac care in an advanced emergency medical technician course approved by the ambulance service coordinating board. The course shall include, but not be limited to, didactic and clinical experience in a hospital coronary care unit and emergency rescue vehicle and training in cardiopulmonary resuscitation.
History of Section.
P.L. 1973, ch. 155, § 1; G.L. 1956, § 23-16.1-2; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17.6-2; P.L. 1983, ch. 281, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.6 - Mobile Intensive Care Unit Program › Section 23-17.6-3. - “Mobile intensive care unit nurse” defined.

§ 23-17.6-3. “Mobile intensive care unit nurse” defined.
For the purposes of this chapter, “mobile intensive care unit nurse” means a registered nurse who has been specially trained in hospital coronary care unit, intensive care unit, or emergency department procedures.
History of Section.
P.L. 1973, ch. 155, § 1; G.L. 1956, § 23-16.1-3; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17.6-3; P.L. 1982, ch. 95, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.6 - Mobile Intensive Care Unit Program › Section 23-17.6-4. - Technicians — Services authorized to render.

§ 23-17.6-4. Technicians — Services authorized to render.
Notwithstanding any other provision of law, advanced emergency medical technicians may do any of the following:
(1)
Render rescue, first aid, and resuscitation services.
(2)
During training at the hospital and while caring for patients in the hospital, administer parenteral medications under the direct supervision of a physician or registered nurse.
(3)
Perform cardiopulmonary resuscitation, defibrillation, and cardioversions.
(4)
Where communication is monitored by a physician (or a mobile intensive care unit nurse where authorized by a physician) and direct communication is maintained, may, upon order of the physician or the nurse, do any of the following:
(i)
Administer intravenous saline or glucose solutions.
(ii)
Perform gastric suction by intubation.
(iii)
Administer parenteral injections of any of the following classes of drugs:
(A)
Antiarrhythmic agents.
(B)
Vagolytic agents.
(C)
Chronotropic agents.
(D)
Analgesic agents.
(E)
Alkanizing agents.
(F)
Vasopressor agents.
(iv)
Perform any other procedures that may be authorized by the ambulance service coordinating board and for which the technician is trained.
(5)
In the event that communications with the hospital cannot be established or maintained, perform those procedures that may be authorized by written orders appropriate to the condition of the patient and previously approved by the ambulance service coordinating board.
History of Section.
P.L. 1973, ch. 155, § 1; G.L. 1956, § 23-16.1-4; P.L. 1979, ch. 39, § 1; G.L. 1956, § 27-17.6-4; P.L. 1982, ch. 95, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.6 - Mobile Intensive Care Unit Program › Section 23-17.6-5. - Immunity from liability.

§ 23-17.6-5. Immunity from liability.
(a)
No person licensed and authorized pursuant to this chapter or rules and regulations promulgated pursuant to this chapter shall be liable for any civil damages for any act or omission in connection with EMS training, or in connection with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the person’s training and experience, and unless the act or omission was the result of gross negligence or willful misconduct.
(b)
No agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises the function of emergency medical services personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with sponsorship, authorization, support, finance, or supervision of the emergency medical services personnel, where the act or omission occurs in connection with EMS training, or with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel, and unless the act or omission was the result of gross negligence or willful misconduct.
(c)
No principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of emergency medical services personnel licensed and authorized pursuant to this chapter, or rules and regulations promulgated pursuant to this chapter including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance, or supervision of the emergency medical services personnel, where the act or omission occurs in connection with EMS training, or occurs outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel, and unless the act or omission was the result of gross negligence or willful misconduct.
(d)
No physician, who in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical medical care facility in another hospital, shall be liable for any civil damages as a result of the transfer where sound medical judgment indicates that the patient’s medical condition is beyond the care capability currently available in the transferring hospital or the medical community in which that hospital is located, and where a prior agreement exists from the transferee facility to accept and render necessary treatment to these patients.
History of Section.
P.L. 1973, ch. 155, § 1; G.L. 1956, § 23-16.1-5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17.6-5; P.L. 1982, ch. 95, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-1. - Declaration of purpose.

§ 23-17.7.1-1. Declaration of purpose.
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:
(1)
For the licensing of nursing service agencies; and
(2)
To promote safe and adequate care for individuals receiving nursing and nursing related services.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-2. - Definitions.

§ 23-17.7.1-2. Definitions.
(a)
“Director” means the director of the state department of health;
(b)
“Licensing agency” means the state department of health;
(c)
“Nursing assistant” is defined as a nursing, orderly, or home health aide who is a paraprofessional trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirmed. The director of the department of health may by regulation establish different levels of nursing assistants;
(d)
“Nursing service agency” is defined as any person, firm, partnership, or corporation doing business within the state that supplies, on a temporary basis, registered nurses, licensed practical nurses, or nursing assistants to a hospital, nursing home, or other facility requiring the services of those persons, with the exception of hospitals, home nursing care providers, home care providers, and hospices licensed in this state. For all purposes a nursing service agency shall be considered an employer and those persons that it supplies on a temporary basis shall be considered employees and not independent contractors, and the nursing service agency shall be subject to all state and federal laws which govern employer-employee relations;
(e)
“Service record” means the written entire documenting service rendered by the nursing service agency.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-3. - Licensing of nursing service agencies — Rules governing establishment of fees.

§ 23-17.7.1-3. Licensing of nursing service agencies — Rules governing establishment of fees.
(a)
The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter.
(b)
Not later than October 1, 2023, the department of health (DOH) shall develop a system that allows a temporary nursing service agency that provides services in the state to register annually with the department of health.
(c)
The DOH may assess an annual licensure fee of one thousand dollars ($1,000) per licensee not later than January 1, 2024, no temporary nursing service agency shall provide temporary nursing services in the state unless it is registered pursuant to subsection (b).
(d)
The department of health shall promulgate licensure standards, and rules and regulations governing the operation of nursing service agencies to protect the health and welfare of patients. These regulations shall include, but not be limited to: employee bonding, maintenance of service records, and appropriate staff professional registration and certification, licensure training, supervision, health screening, and liability insurance.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2; P.L. 2023, ch. 101, § 1, effective June 19, 2023; P.L. 2023, ch. 102, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-4. - License required for nursing service agencies.

§ 23-17.7.1-4. License required for nursing service agencies.
No person shall establish, conduct, or maintain a nursing service agency in this state without a license issued pursuant to this chapter.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-5. - Application for license.

§ 23-17.7.1-5. Application for license.
An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards and the rules and regulations as issued pursuant to this chapter. Each application shall be accompanied by payment of the fees prescribed in accordance with § 23-17.7.1-3.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-6. - Issuance of license — Posting — Transfer conditions.

§ 23-17.7.1-6. Issuance of license — Posting — Transfer conditions.
Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant meets the requirements established under this chapter, and any reasonable rules and regulations that may be established in accordance with the requirements established under this chapter. The license shall be conspicuously posted on the licensed premises. Each license shall be issued only to person(s) named in the application and shall not be transferable or assignable except with the prior written approval of the licensing agency. Any change in owner or operation of a licensed nursing service agency shall require approval of the licensing agency as a condition precedent to the transfer, assignment, or issuance of a new license.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-7. - Expiration and renewal of license.

§ 23-17.7.1-7. Expiration and renewal of license.
A license shall be for one year and shall expire on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after inspection, report, approval, and collection of fees by the licensing agency. The inspection shall be made any time prior to the date of expiration of the license. The report shall contain information in any form that the licensing agency shall prescribed by regulation.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.