reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-10.6. - Nursing facility wandering hazard prevention plans.

§ 23-17-10.6. Nursing facility wandering hazard prevention plans.
Each nursing facility licensed under this chapter shall have a plan for preventing the hazards of resident wandering from the facility. The plan shall be submitted to the licensing agency in a format determined by the director.
History of Section.
P.L. 2004, ch. 387, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-10.7. - Nursing facility assessment and disclosure for residents on probation or parole.

§ 23-17-10.7. Nursing facility assessment and disclosure for residents on probation or parole.
The licensing agency shall establish regulations to require each licensed nursing facility, as part of the initial resident admission and assessment process, to review and consider any notice provided to the facility as required in subsection 42-56-10(23) concerning the resident’s or prospective resident’s status on parole and recommendations, if any, regarding safety and security measures.
History of Section.
P.L. 2006, ch. 540, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-11. - Abortion and sterilization — Protection for nonparticipation — Procedure.

§ 23-17-11. Abortion and sterilization — Protection for nonparticipation — Procedure.
A physician or any other person who is a member of or associated with the medical staff of a health care facility or any employee of a health care facility in which an abortion or any sterilization procedure is scheduled, and who shall state in writing an objection to the abortion or sterilization procedure on moral or religious grounds, shall not be required to participate in the medical procedures which result in the abortion or sterilization, and the refusal of the person to participate in the medical procedures shall not form the basis for any claim of damages on account of the refusal or for any disciplinary or recriminatory action against the person.
History of Section.
P.L. 1978, ch. 269, § 5; G.L. 1956, § 23-16-11; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-11.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12. - Inspections — Nursing facilities.

§ 23-17-12. Inspections — Nursing facilities.
(a)
The licensing agency shall make or cause to be made unannounced inspections and investigations of nursing facilities. The director shall establish by regulation criteria to determine the frequency for unannounced inspections and investigation that shall include specific criteria to determine the appropriate frequency of those surveys including, but not limited to: patient acuity; quality indicators; staff retention; financial status; and a facility’s past compliance with the regulations. In no instance shall any facility with a pattern of noncompliance with regulations or orders; indications of marginal financial status; repeated levels of nursing hours per resident significantly below the state average; or other risk factors determined to influence quality, receive less than two (2) surveys in addition to the annual licensing survey required by this chapter. Any nursing care facility that is cited for substandard care by the licensing agency shall be inspected on a bimonthly basis for the twelve-month (12) period immediately following any citation. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all nursing care facility annual surveys to be conducted, in whole or in part, on nights and/or on weekends. The inspections shall be conducted both as to profit and nonprofit facilities and the results shall be open to public inspection; however, requirements as to the fire safety code will be deferred in accordance with § 23-28.1-7.
(b)
No employee or agent of the department shall be participating in or supervising an inspection of any facility to which that employee currently has, or in the past two (2) years has had, any ownership, employment, or consultant arrangement or any other potential conflicts of interest. The restrictions imposed under this subsection shall be in addition to, and not in place of, the requirements of chapter 14 of title 36.
(c)
The licensing agency shall make or cause to be made unannounced inspections and/or investigations of any establishment, facility, boarding house, dormitory, however named, to determine whether the lodging facility should be licensed and regulated under the provisions of this chapter.
(d)
All members of the general assembly and any general officer of this state may make announced and unannounced inspections of extended care facilities, skilled nursing homes, intermediate care facilities, personal care homes, nursing homes, and state institutions.
History of Section.
P.L. 1978, ch. 269, § 5; G.L. 1956, § 23-16-12; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-12; P.L. 1989, ch. 304, § 1; P.L. 1996, ch. 100, art. 17, § 1; P.L. 1999, ch. 25, § 1; P.L. 1999, ch. 87, § 1; P.L. 2005, ch. 156, § 2; P.L. 2005, ch. 248, § 2; P.L. 2023, ch. 57, § 1, effective June 14, 2023; P.L. 2023, ch. 58, § 1, effective June 14, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.1. - Scope of inspections.

§ 23-17-12.1. Scope of inspections.
(a)
Inspections and investigations shall include health, sanitation, nursing care, and dietary and other conditions immediately affecting the patients.
(b)
The department shall assign responsibility for verifying compliance with licensing requirements and issuing renewal licenses to an individual or office independent of the inspection process.
(c)
The department shall establish written procedures to: (1) track all deficiencies identified during and after the inspection and investigation processes; and (2) clearly define the internal process for appealing deficiency citations.
(d)
The department shall establish procedures to verify the implementation of plans of correction and remediation.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-12.1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-12.1; P.L. 2005, ch. 156, § 2; P.L. 2005, ch. 248, § 2; P.L. 2008, ch. 475, § 48.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.2. - Time for correction of defects.

§ 23-17-12.2. Time for correction of defects.
(a)
Every corporation or person who will be inspected or investigated under § 23-17-12 will begin to correct health, sanitation, nursing care, and dietary defects immediately upon notice by the director of health that the defects exist. The notification will be made by certified or registered letter return receipt requested from the director of health to the person or corporation so inspected.
(b)
However, every defect will be fully and wholly corrected within thirty (30) days from the time of notice unless an extension is granted for good cause shown, but no extension will exceed fifteen (15) days.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-12.2; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-12.2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.3. - Penalty for violation of §§ 23-17-12 — 23-17-12.2.

§ 23-17-12.3. Penalty for violation of §§ 23-17-12 — 23-17-12.2.
Every person including a controlling person, or corporation who shall willfully and continually violate the provisions of §§ 23-17-12 — 23-17-12.2 will be subject to a fine up to three hundred dollars ($300) for each violation of these sections.
For purposes of this section, “controlling person” is any person or entity in control of a nursing facility directly or indirectly, including: (1) in the case of a corporation or of a limited liability company, a person having a beneficial ownership interest of five percent (5%) or more in the nursing facility; (2) in the case of a general partnership or limited partnership, any general partner; (3) a legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof; (4) in the case of a limited liability company, any member; (5) each president, vice president, secretary, treasurer of a business corporation that is not exempt from taxation under section 501(a) of the U.S. Internal Revenue Code as an organization described in section 501(c)(3) of such code; and (6) such other ownership interest or relationship as may be determined by the director.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-12.3; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-12.3; P.L. 2005, ch. 158, § 3; P.L. 2005, ch. 247, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.4. - Enforcement of §§ 23-17-12 — 23-17-12.2.

§ 23-17-12.4. Enforcement of §§ 23-17-12 — 23-17-12.2.
The director of health shall refer all violations of §§ 23-17-12 — 23-17-12.2 to the chief counsel within the department of health for appropriate action.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-12.4; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-12.4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.8. - Posting of nursing staff levels in nursing facilities.

§ 23-17-12.8. Posting of nursing staff levels in nursing facilities.
The department is authorized to adopt federal Medicare nurse staff posting requirements by regulation. In addition to any federal requirements for posting of nursing staff levels, the nursing facility shall post the nurse staff levels for the facility in a public place within the facility. The posting information shall be maintained on file by the nursing facility and shall be made available to the public upon request. The nursing facility shall prepare an annual report showing the average daily direct care nurse staffing level for the facility by shift and by category of nurse to include registered nurses, licensed practical nurses, nursing assistants and medication technicians; the use of nurse and nursing assistant staff from temporary placement agencies; and the nurse and nurse assistant turnover rates. The information on nurse staffing shall be reviewed as part of the nursing facility’s annual licensing survey and shall be available to the public, both in printed form and on the department’s website, by facility.
History of Section.
P.L. 2005, ch. 157, § 5; P.L. 2005, ch. 249, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.9. - Resident and family notification.

§ 23-17-12.9. Resident and family notification.
The director shall establish regulations which: (1) notify the resident, or his or her legal representative, the resident’s family representative, the resident’s attending physicians of record and the nursing facility’s medical director, if that resident has been found to be in immediate jeopardy to health and safety; (2) notify all facility residents, or their legal representatives, their family representatives, their attending physicians and the nursing facility’s medical director, whenever a nursing facility is cited for substandard quality of care as defined in 42 CFR 488.301 or successor regulation; and (3) provide for notification of changes regarding resident condition as provided in federal regulation 42 CFR 483.10 or successor regulation. A facility citation for substandard quality of care shall be considered to be a public record ten (10) days following the citation, or upon departmental approval of the corresponding plan of correction, whichever is sooner.
For purposes of this section, “immediate jeopardy to health and safety” means a situation which the institution’s noncompliance with one or more state or federal requirements or conditions has caused, or is likely to cause, serious injury, harm, impairment or death to a resident receiving care in the institution.
History of Section.
P.L. 2005, ch. 157, § 5; P.L. 2005, ch. 249, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.10. - Quality predictive modeling — Established.

§ 23-17-12.10. Quality predictive modeling — Established.
The department of health shall develop a data modeling or other capacity to use quality data already collected from nursing facilities to detect patterns of high performance and/or potential deficiency(ies) affecting resident care.
History of Section.
P.L. 2005, ch. 157, § 5; P.L. 2005, ch. 249, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-12.11. - Nursing facility quality improvement program.

§ 23-17-12.11. Nursing facility quality improvement program.
(a) Established.
Each licensed nursing facility shall develop and implement a quality improvement program and establish a quality improvement committee.
(b)
Each licensed nursing facility shall designate a qualified individual, who shall be determined by the facility’s administrator, to coordinate and manage the nursing facility’s quality improvement program.
(1)
The nursing facility’s quality improvement committee shall include at least the following members:
(i)
The nursing facility administrator;
(ii)
The director of nursing;
(iii)
The medical director;
(iv)
A social worker; and
(v)
A representative of dietary services.
(2)
The quality improvement committee shall:
(i)
Meet at least quarterly;
(ii)
Maintain records of all quality improvement activities; and
(iii)
Keep records of committee meetings that shall be available to the department during any on-site visit.
(3)
The quality improvement committee for a nursing facility shall annually review and approve the quality improvement plan for the nursing facility. Said plan shall be available to the public upon request.
(c)
Each nursing facility shall establish a written quality improvement plan that shall be reviewed by the department during the facility’s annual survey and that:
(1)
Provides criteria to monitor nursing care, including medication administration, prevention and treatment of decubitus ulcers, dehydration and nutritional status and weight loss or gain, accidents and injuries, unexpected deaths, changes in mental or psychological status, and any other data necessary to monitor quality of care; and
(2)
Includes methods to identify, evaluate and correct problems.
(d)
The nursing facility administrator shall take appropriate remedial actions based on the recommendations of the nursing facility’s quality improvement committee.
(e)
The director may not require the quality improvement committee to disclose the records and the reports prepared by the committee except as necessary to assure compliance with the requirements of this section.
(f)
Good faith attempts by the quality improvement committee to identify and correct quality deficiencies will not be used as a basis for sanctions.
(g)
If the department determines that a nursing facility is not implementing its quality improvement program effectively and that quality improvement activities are inadequate, the department may impose sanctions on the nursing facility to improve quality of resident care including mandated hiring of, directly or by contract, an independent quality consultant.
History of Section.
P.L. 2005, ch. 157, § 5; P.L. 2005, ch. 249, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-13. - Repealed.

§ 23-17-13. Repealed.
History of Section.
G.L. 1938, ch. 259, § 3; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-3; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-3; P.L. 1984, ch. 4, § 3; P.L. 1986, ch. 225, § 1; P.L. 2001, ch. 86, § 70; P.L. 2001, ch. 180, § 43; P.L. 2004, ch. 267, § 2; P.L. 2004, ch. 290, § 2; Repealed by P.L. 2014, ch. 267, § 5, effective April 1, 2015; P.L. 2014, ch. 316, § 5, effective April 1, 2015.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-13.1. - Health services council.

§ 23-17-13.1. Health services council.
(a)
There shall be established a health services council consisting of twelve (12) members, four (4) of whom shall be appointed by the speaker of the house, one who shall be an expert in healthcare economic and policy matters, and a second who shall represent the insurance business; four (4) of whom shall be appointed by the president of the senate, one who shall represent the business community, and a second who shall represent the general public; and four (4) of whom shall be appointed by the governor, one who shall represent the office of the health insurance commissioner, a second who shall represent the executive office of health and human services, a third who shall represent the health insurance business, and a fourth who shall represent the executive office of commerce. All members shall serve until the first day of July in the third year after appointment or until their respective successors are appointed and qualified. Any vacancy of a member appointed that may occur in the council shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. The council may also serve as an advisory council as authorized by § 23-16-3.
(b)
A person may not be a member of the health services council if the person is required to register as a lobbyist as defined under chapter 139 of title 42.
(c)
Notwithstanding any laws, rules, or regulations to the contrary, all recommendations of the health services council shall be by a majority vote of its members present at the time the vote is taken.
History of Section.
P.L. 2014, ch. 267, § 4; P.L. 2014, ch. 316, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-14. - Functions of health services council.

§ 23-17-14. Functions of health services council.
The health services council shall have the following responsibilities and duties:
(1)
To consult and advise with the licensing agency regarding licensing reviews conducted under §§ 23-17-14.3 and 23-17-14.4 and in matters of policy affecting administration of this chapter, and in the development of rules, regulations, and standards provided for under this chapter;
(2)
To review and make recommendations with respect to rules, regulations, and standards authorized under this chapter prior to their promulgation by the licensing agency as specified in this section;
(3)
To consult and advise with the licensing agency with respect to the administration of chapter 15 of this title;
(4)
When acting as an advisory council authorized by § 23-16-3, to consult with the director of the state department of health in carrying out the purposes of chapter 16 of this title.
History of Section.
G.L. 1938, ch. 259, § 13; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-14; P.L. 1968, ch. 171, § 6; P.L. 1978, ch. 269, § 5; 1979, ch. 39, § 1; G.L. 1956, § 23-17-14; P.L. 1996, ch. 433, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-14.1. - Immunity for council members.

§ 23-17-14.1. Immunity for council members.
No member of the health services council while acting in his or her capacity as a council member shall be liable for any civil damages as a result of individual or collective actions or recommendations as a member of the council.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-14.1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-14.1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-14.2. - Compensation.

§ 23-17-14.2. Compensation.
The chairperson and vice chairperson of the health services council and no other member of the council while serving on business of the council shall receive compensation for the discharge of their official duties.
History of Section.
P.L. 1978, ch. 269, § 7; G.L. 1956, § 23-16-14.2; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-14.2; P.L. 1985, ch. 412, § 1; P.L. 2005, ch. 117, art. 21, § 12.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-14.3. - Review criteria.

§ 23-17-14.3. Review criteria.
Except as otherwise provided in this section, a review by the health services council of an application for an initial license or a license in the case of a proposed change in the owner, operator, or lessee of any licensed health care facility may not be made subject to any criterion unless the criterion directly relates to the statutory purpose expressed in § 23-17-3. In conducting reviews of the applications, the health services council shall specifically consider:
(1)
The character, commitment, competence, and standing in the community of the proposed owners, operators, or directors of the health care facility;
(2)
In cases of initial licensure or of proposed change in owner, operator, or lessee, the extent to which the facility will provide or will continue to provide, without material effect on its viability at the time of initial licensure or of change of owner, operator, or lessee, safe and adequate treatment for individuals receiving the health care facility’s services;
(3)
The extent to which the facility will provide or will continue to provide safe and adequate treatment for individuals receiving the health care facility’s services; and
(4)
The extent to which the facility will provide or will continue to provide appropriate access with respect to traditionally underserved populations and in consideration of the proposed continuation or termination of health care services by the health care facility.
History of Section.
P.L. 1984, ch. 134, § 2; P.L. 1996, ch. 433, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-14.4. - Procedures for review.

§ 23-17-14.4. Procedures for review.
(a)
Within ten (10) working days of receipt, in acceptable form, of an application for an initial license or a license in connection with a change in the owner, operator, or lessee of any existing health care facility, the licensing agency will notify and afford the public an opportunity to comment on the application.
(b)
The recommendations of the health services council and the decision of the licensing agency will be rendered within ninety (90) days of acceptance of the application for license.
(c)
The licensing agency shall promulgate in rules and regulations procedures and criteria for expedited review of licensure applications. The criteria for expedited review consideration shall include, but not be limited to, all of the following: (1) that the licensure application is solely for initial licensure; (2) that the legal entity seeking a license currently is the licensee for one or more Rhode Island licensed health care facilities whose records of compliance are deemed by the licensing agency to demonstrate the legal entity’s ability and commitment to provide quality health care services; and (3) that the licensure application demonstrates complete and satisfactory compliance with review criteria in § 23-17-14.3. The licensing agency shall exercise its discretion in granting expedited review of license applications and a decision by the licensing agency not to process an application on an expedited review basis shall be final and shall not be subject to appeal.
(d)
The decision of the licensing agency shall be based upon the findings and recommendations of the health services council unless the licensing agency shall afford written justification for variance from these findings and recommendations.
(e)
All applications reviewed by the licensing agency and all written materials pertinent to licensing agency review, including minutes of all health services council meetings, shall be accessible to the public upon request.
(f)
Any person holding a valid certificate of need issued pursuant to chapter 15 of this title, shall be exempt from the requirements of § 23-17-14.3 or 23-17-14.4 of this chapter for initial facility licensure.
(g)
Any person holding a valid license for an outpatient rehabilitation center intended to be operational for less than twelve (12) months and so indicated upon its application shall surrender its license upon cessation of patient care operations for that operational season. Within a period not to exceed twelve (12) months from the surrender, the person may apply for a new license for the identical activities and premises authorized by the previous but surrendered license, and shall be exempt from the requirements of § 23-17-14.3 or 23-17-14.4 for initial facility licensure.
History of Section.
P.L. 1984, ch. 134, § 2; P.L. 1996, ch. 433, § 3; P.L. 1999, ch. 336, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-15. - Information confidential.

§ 23-17-15. Information confidential.
Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner that identifies individuals except in a proceeding involving the question of licensure.
History of Section.
G.L. 1938, ch. 259, § 14; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-15; P.L. 1972, ch. 16, § 1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-15.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-15.1. - Reports public.

§ 23-17-15.1. Reports public.
Copies of survey reports from the joint commission on accreditation of health care organizations and the American Osteopathic Association and any other reports from other accrediting organizations incorporated by reference in the reports, provided to the licensing agency by hospitals shall be public records as defined in chapter 2 of title 38.
History of Section.
P.L. 1989, ch. 217, § 7; P.L. 1994, ch. 52, § 2; P.L. 1994, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-16. - Annual report of activities.

§ 23-17-16. Annual report of activities.
The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter.
History of Section.
G.L. 1938, ch. 259, § 15; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-16; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-16.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-17. - Penalty for operation of unlicensed health care facility.

§ 23-17-17. Penalty for operation of unlicensed health care facility.
Any person establishing, conducting, managing, or operating any health care facility without a license under this chapter shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one year or both, in the discretion of the court, for each offense.
History of Section.
P.L. 1932, ch. 1956, § 4; G.L. 1938, ch. 259, § 4; P.L. 1948, ch. 2112, § 1; G.L. 1938, ch. 259, § 16; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-17; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-17; P.L. 1989, ch. 307, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-18. - Obtaining treatment or services under false pretenses.

§ 23-17-18. Obtaining treatment or services under false pretenses.
Any person who shall obtain medical or surgical or obstetrical treatment, under false representations of his or her financial condition, from any health care facility, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned not more than six (6) months, or both, in the discretion of the court, for each offense.
History of Section.
P.L. 1932, ch. 1956, § 3; G.L. 1938, ch. 259, § 3; P.L. 1948, ch. 2112, § 1; G.L. 1938, ch. 259, § 16; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-18; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-18.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-19. - Injunction to restrain operation without license.

§ 23-17-19. Injunction to restrain operation without license.
Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a health care facility without a license under this chapter.
History of Section.
G.L. 1938, ch. 259, § 17; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-19; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-19.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-19.2. - Posting of law.

§ 23-17-19.2. Posting of law.
Every health care facility licensed pursuant to this title shall provide a copy of the provisions of § 23-17-19.1 to each inpatient or his or her representative at the time of admission to the health care facility and shall display a copy of the provisions of § 23-17-19.1 in a conspicuous place in each health care facility. The director of the department of health shall have power to enforce the provisions of this chapter.
History of Section.
P.L. 1974, ch. 168, § 1; P.L. 1978, ch. 269, § 5; G.L. 1956, § 23-16-19.2; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-19.2; P.L. 1991, ch. 316, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-19.3. - Patients’ visitation rights.

§ 23-17-19.3. Patients’ visitation rights.
(a)
All health care providers as licensed under the provisions of chapter 29 or 37 of title 5 and all health care facilities as defined in § 23-17-2 shall be required to note in their patients’ permanent medical records the name of individual(s) not legally related by blood or marriage to the patient who the patient wishes to be considered as immediate family member(s), for the purpose of granting extended visitation rights to the individual(s), so the individual(s) may visit the patient while he or she is receiving inpatient health care services in a health care facility.
(b)
A patient choosing to designate individual(s) as immediate family members for the purpose of extending visitation rights may choose up to five (5) individuals and do so either verbally or in writing. This designation shall be made only by the patient and can be initiated and/or rescinded by the patient at any time, either prior to, during, or subsequent to an inpatient stay at the health care facility.
(c)
The full names of designated individual(s), along with their relationship to the patient, shall be recorded in the patient’s permanent medical records, both at the inpatient health care facility and with the patient’s primary care physician.
(d)
In the event the patient has not had the opportunity to have this designation recorded in his or her medical records, a signed statement in the patient’s own handwriting attesting to the designation of the individual(s) as an immediate family member for the purpose of extending visitation rights during the provision of health care services in an inpatient health care facility, along with their relationship to the individual(s) shall meet all the requirements of this chapter. The patient’s signature on a signed statement shall be witnessed by two (2) individuals, neither of whom can be the designated individual(s). In the event a signed statement is not available, those designated as agents on a durable power of attorney for health care form shall be allowed visitation privileges.
(e)
This chapter shall not be construed to prohibit legally recognized members of the patient’s family from visiting the patient if they have not been so designated through the provisions of this chapter. No patient shall be required to designate individual(s) under the provisions of this chapter.
History of Section.
P.L. 1998, ch. 335, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-20. - Inapplicability.

§ 23-17-20. Inapplicability.
The provisions of this chapter shall not be construed to apply to clinical laboratories licensed in accordance with chapter 16.2 of this title, facilities licensed by the department of behavioral healthcare, developmental disabilities and hospitals or by the department of human services or Christian Science institutions operated, or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts.
History of Section.
G.L. 1938, ch. 259, § 19; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-20; Reorg. Plan No. 1, 1970; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-20.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-21. - Power of enforcement.

§ 23-17-21. Power of enforcement.
The director of the department of health shall have power to enforce the provisions of this chapter.
History of Section.
P.L. 1935, ch. 2250, § 110; G.L. 1938, ch. 259, § 5; P.L. 1948, ch. 2112, § 1; G.L. 1938, ch. 259, § 20; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-21; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-21.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-22. - Severability.

§ 23-17-22. Severability.
If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
G.L. 1938, ch. 259, § 21; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-22; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-22.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-23. - Hospital disciplinary powers.

§ 23-17-23. Hospital disciplinary powers.
(a)
The board of trustees of a hospital or other appropriate authority licensed pursuant to the laws of the state is authorized to suspend, deny, revoke, or curtail the staff privileges of any staff member for good cause which shall include the grounds specified in § 5-37-5.1 for unprofessional conduct. The procedures for these actions shall comply with the procedures, if any, that may from time to time be outlined by the joint commission for accreditation of hospitals.
(b)
There shall be no liability on the part of and no cause of action of any nature shall arise against any hospital, hospital board of trustees, or any hospital medical staff committee, where instituted by hospital bylaws, for any action taken in good faith in carrying out the provisions of this chapter.
(c)
Any disciplinary action against a physician which involves loss of privileges shall promptly be reported to the board of medical licensure and discipline by the hospital.
History of Section.
P.L. 1976, ch. 244, § 5; G.L. 1956, § 23-16-21; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-23; P.L. 1986, ch. 301, § 9.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-24. - Internal risk management program.

§ 23-17-24. Internal risk management program.
Every hospital licensed in this state and its insurance carrier shall cooperatively, as part of their administrative functions, establish an internal risk management program which shall include at least the following components:
(1)
An in-hospital grievance or complaint mechanism designed to process and resolve as promptly and effectively as possible grievances by patients or their representatives related to incidents, billing, inadequacies in treatment, and other factors known to influence malpractice claims and suits. The mechanism shall include appointment of a representative accountable to the hospital administration who shall anticipate and monitor on a day-to-day basis the grievances and administer the mechanism;
(2)
The continuous collection of data by each hospital with respect to its negative health care outcomes (whether or not they give rise to claims), patient grievances, claims, suits, professional liability premiums, settlements, awards, allocated and administrative costs of claims handling, costs of patient injury prevention and safety engineering activities, and other relevant statistics and information;
(3)
Medical care evaluation mechanisms, which shall include but not be limited to, tissue committees or medical audit committees, to review the appropriateness of procedures performed, to periodically assess the quality of medical care being provided at the institution, and to pass on the necessity of surgery;
(4)
Education programs for the hospital’s staff personnel engaged in patient care activities dealing with patient safety, medical injury prevention, the legal aspects of patient care, problems of communication and rapport with patients, and other relevant factors known to influence malpractice claims and suits.
History of Section.
P.L. 1976, ch. 244, § 5; G.L. 1956, § 23-16-22; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-24.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-25. - Privileges and immunities for peer review activities.

§ 23-17-25. Privileges and immunities for peer review activities.
(a)
Neither the proceedings nor the records of peer review boards as defined in § 5-37-1 shall be subject to discovery or be admissible in evidence in any case save litigation arising out of the imposition of sanctions upon a physician. However, any imposition or notice of a restriction of privileges or a requirement of supervision imposed on a physician for unprofessional conduct as defined in § 5-37-5.1 shall be subject to discovery and be admissible in any proceeding against the physician for performing, or against any health care facility or health care provider which allows the physician to perform the medical procedures which are the subject of the restriction or supervision during the period of the restriction or supervision or subsequent to that period. Nothing contained in this section shall apply to records made in the regular course of business by a hospital or other provider of health care information. Documents or records otherwise available from original sources are not to be construed as immune from discovery or used in any civil proceedings merely because they were presented during the proceedings of the committee.
(b)
There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed peer review board operated pursuant to written by-laws, for any act or proceeding undertaken or performed within the scope of the functions of any peer review board.
(c)
There shall be no monetary liability on the part of, and no cause of action for damage shall arise against, any person on account of the communication of information in the possession of the person to any peer review board or the board of medical licensure and discipline, when the communication is intended to aid in the evaluation of the qualifications, fitness, or character of a practitioner of the healing arts, and does not represent as true any matter not reasonably believed to be true.
(d)
Any peer review processes authorized by statute and carried out in good faith shall have the benefit of the state action exemption to the state antitrust law.
History of Section.
P.L. 1976, ch. 244, § 5; G.L. 1956, § 23-16-23; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-25; P.L. 1986, ch. 350, § 12.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-26. - Emergency health care.

§ 23-17-26. Emergency health care.
(a)
Every healthcare facility that has an emergency medical-care unit, including freestanding emergency-care facilities, shall provide to every person prompt, life-saving, medical-care treatment in an emergency, and a sexual-assault examination for victims of sexual assault, without discrimination on account of economic status or source of payment, and without delaying treatment for the purpose of a prior discussion of the source of payment unless the delay can be imposed without material risk to the health of the person.
(b)
Violations of this section shall be reported to the director of the state department of health who shall investigate the violations as the director deems appropriate.
History of Section.
P.L. 1980, ch. 87, § 1; P.L. 1984, ch. 120, § 1; P.L. 2016, ch. 417, § 1; P.L. 2016, ch. 418, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-27. - Disclosure of nonparticipation in hospital service plan.

§ 23-17-27. Disclosure of nonparticipation in hospital service plan.
(a)
Any health care facility licensed under this chapter which is not a participant in a hospital service plan shall post a notice, in a conspicuous place where it can be read by its patients which shall read, in substance, as follows:
To our patients:
This facility does not participate in a hospital service plan. You should know that you will be responsible for the payment of the hospital fees which you incur here.
(b)
Any licensed health care facility which fails to post a disclosure notice shall not be entitled to charge any of its patients any amount, for hospital fees, in excess of that allowed had the facility participated in a hospital service plan.
History of Section.
P.L. 1980, ch. 160, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-28. - Health care cost containment.

§ 23-17-28. Health care cost containment.
Each health care facility licensed under this chapter shall take any action consistent with the continued delivery of quality health care services that it deems appropriate to reduce, limit, or contain health care costs and improve the efficiency with which health care services are delivered to the citizens of this state. In furtherance of these goals, health care facilities licensed under this chapter may, to the extent not inconsistent with chapter 15 of this title, enter into agreements with other health care facilities, associations of health care facilities, suppliers, third-party payers, and/or agencies or branches of government providing, without limitation, for group planning, individual or group expenditure ceilings, allocation of services and/or specialties, and group purchasing and/or service sharing.
History of Section.
P.L. 1981, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-29. - Applicability.

§ 23-17-29. Applicability.
Notwithstanding any of the provisions of this chapter, nothing contained in this chapter shall apply to any health maintenance organization licensed under the requirements and provisions of chapter 41 of title 27.
History of Section.
P.L. 1991, ch. 370, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-30. - Blood or tissue transfer services.

§ 23-17-30. Blood or tissue transfer services.
(a)
The procurement, processing, distribution, or use of whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them into the human body is declared to be, for all purposes, the rendition of a service by every person participating in the rendition of that service and, whether or not any remuneration is paid for the service, is declared not to be a sale of whole blood, plasma, blood products, blood derivatives, or other tissues, for any purpose. No health care facility, professional, or other person or organization involved in the procurement, processing, distribution, or use of whole blood, plasma, blood products, or blood derivatives for the purpose of injecting or transfusing any of them into the human body shall be liable for damages resulting from these activities except for his or her own negligence or willful misconduct.
(b)
No hospital, nonprofit tissue bank, physician, nurse, or other medical personnel acting under the supervision and direction of a physician involved in the procurement, processing, distribution, or use of human tissues such as corneas, bones, or organs for the purpose of transplanting any of them into the human body shall be liable for damages resulting from those activities except for negligence or willful misconduct by that hospital, nonprofit tissue bank, physician, nurse, or other medical personnel.
History of Section.
P.L. 1986, ch. 249, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-31. - Human immunodeficiency virus (HIV) testing — Hospitals.

§ 23-17-31. Human immunodeficiency virus (HIV) testing — Hospitals.
(a)
Hospital patients in any hospital licensed under this chapter shall be offered testing for human immunodeficiency virus (HIV) as set forth in chapter 23-6.3.
(b)
[Deleted by P.L. 2009, ch. 196, § 7 and P.L. 2009, ch. 289, § 7].
(c)
[Deleted by P.L. 2009, ch. 196, § 7 and P.L. 2009, ch. 289, § 7].
(d)
[Deleted by P.L. 2009, ch. 196, § 7 and P.L. 2009, ch. 289, § 7].
History of Section.
P.L. 1988, ch. 405, § 2; P.L. 2000, ch. 171, § 4; P.L. 2009, ch. 196, § 7; P.L. 2009, ch. 289, § 7.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17 - Licensing of Healthcare Facilities › Section 23-17-31.1. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.

§ 23-17-31.1. Human immunodeficiency virus (HIV) testing — Facilities for drug users.
(a)
Every physician or healthcare provider attending any person for any service offered at a facility for injecting drug users, shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of chapter 23-6.3 except where federal confidentiality laws may supersede.
(b)
The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
History of Section.
P.L. 1995, ch. 370, art. 14, § 18; P.L. 2006, ch. 599, § 7; P.L. 2009, ch. 196, § 7; P.L. 2009, ch. 289, § 7.