Title 23, Title 23 and Safety

The department of health or the department of attorney general may, in effectuating the purposes of this chapter, engage experts or consultants, including, but not limited to, accountants, auditors, nursing home administrators, medical doctors, nurses or industry analysts. All co…

The facility has a duty to cooperate with the director and the attorney general in all aspects as related to this chapter.

(a) No discriminatory, disciplinary or retaliatory action shall be taken by the facility against any officer or employee of a facility; or against any guardian or family member of any resident; or against any resident of the facility; or against any volunteer, for any communicati…

This chapter shall be known and may be cited as “The Hospital Conversions Act”.

(a) In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, except as provided in § 23-17.14-12.1, the department of attorney general and department of health shall adhere to the following proce…

In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, the department shall consider the following criteria: (1) Whether the character, commitment, competence, and standing in the community, or…

(a) Notwithstanding §§ 23-17.14-6(a) and 23-17.14-10, if a proposed conversion involves: (1) Two (2) or more hospitals that are not in common control with another hospital; or (2) One hospital not under common control with another hospital and a hospital system parent corporation…

The department of health or the department of attorney general may in effectuating the purposes of this chapter engage experts or consultants including, but not limited to, actuaries, investment bankers, accountants, attorneys, or industry analysts. All copies of reports prepared…

(a) The director or the attorney general shall conduct investigations in discharging the duties required under this chapter. For purposes of this investigation, the director or the attorney general may require any person, agent, trustee, fiduciary, consultant, institution, associ…

(a) All licensed hospitals shall, as a condition of initial and/or continued licensure: (1) Meet the statewide community needs for the provision of charitable care; (2) Meet standards for assurance of the continuance of uncompensated case and community benefits; (3) Not discourag…

A hospital shall not refuse to contract with or compensate for covered services with an otherwise eligible provider solely because that provider has in good faith communicated with one or more of his or her patients regarding the provisions, terms, or requirements for services of…

Any person who is found to have testified falsely under oath before the legislature, the department of health, or the attorney general pursuant to this chapter shall be subject to prosecution for perjury and be subject to the penalties set forth in § 23-17.14-30.

(a) No hospital emergency department or primary care services which existed for at least one year and which significantly serve uninsured or underinsured individuals shall be eliminated or significantly reduced without the prior approval of the director in accordance with this se…

(a) Notwithstanding any other provisions in this chapter, nothing herein shall be construed to prohibit a for-profit hospital, its subsidiaries or affiliates, from applying for and receiving approval of a conversion of more than one hospital in the same year, or any subsequent ye…

The general assembly finds and declares that: (1) Rhode Island has a proud history of nonprofit hospitals and philanthropic support of medical services, education and research; (2) Hospitals in Rhode Island provide overall high quality care at a reasonable cost; (3) Hospitals in …

Nothing contained in this chapter shall be deemed to affect the licensing fees set forth in § 23-17-38.1.

(a) No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general, including the authority to investigate at any …

(a) In the event of the approval of a hospital conversion involving a not-for-profit corporation and a for-profit corporation results in a new entity as provided for in § 23-17.14-7(c)(25)(i), it shall be required that the proceeds from the sale and any endowments, restricted, un…

The board is vested with full power, authority, and jurisdiction over the foundation and may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the foundation.

The members of the board and officers or employees of the foundation are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the foundation unless that conduct is deemed to be gross misconduct or reckless.

(a) The presiding justice may take all steps necessary to effectuate the purposes of this chapter and the board shall be appointed no more than sixty (60) days after the completion of the conversion. The board shall act promptly to appoint an executive director, hire staff as nec…

The board shall submit an annual report and a copy of Form 990 as required by the Internal Revenue Service to the presiding justice, the governor, the attorney general and the legislature.

For the purposes of exercising the specific powers granted in this chapter and effectuating the other purposes of this chapter, the foundation: (1) May be sued and sue; (2) May have a seal and alter it at will; (3) May make, amend, and repeal rules relating to the conduct of the …

(a) The director may consider the requirement of this chapter and the requirements of §§ 23-17-1 — 23-17-45 together upon completion of the initial application. The director may approve, approve with conditions, or disapprove one or both requests filed pursuant to this chapter, i…

(a) Prohibition against discrimination. No person subject to the provisions of this chapter, may discharge, demote, threaten or otherwise discriminate against any person or employee with respect to compensation, terms, conditions, or privileges of employment as a reprisal because…

The purpose of this chapter is to: (1) Assure the viability of a safe, accessible and affordable healthcare system that is available to all of the citizens of the state; (2) To establish a process to review whether for-profit hospitals will maintain, enhance, or disrupt the deliv…

If any person knowingly violates or fails to comply with any provision of this chapter or willingly or knowingly gives false or incorrect information: (1) The director or attorney general may, after notice and opportunity for a prompt and fair hearing to one or more transacting p…

The department may adopt rules, including measurable standards, as may be necessary to accomplish the purpose of this chapter. In doing so, the department shall review other departmental regulations that may have duplicative requirements, including change of effective control reg…

(a) The attorney general has the power to decide whether any information required by this chapter of an applicant is confidential and/or proprietary. The decisions by the attorney general shall be made prior to any public notice of an initial application or any public review of a…

If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or applicable, and to thi…

(a) Any transacting party aggrieved by a final order of the department of health or the attorney general under this chapter may seek judicial review in the superior court in accordance with § 42-35-15. (b) [Deleted by P.L. 2019, ch. 275, § 1 and P.L. 2019, ch. 280, § 1.] (c) [Del…

The following provisions apply solely and exclusively to judicially approved good-faith settlements of claims relating to the St. Joseph Health Services of Rhode Island retirement plan, also sometimes known as the St. Joseph Health Services of Rhode Island pension plan: (1) A rel…

There is hereby established within the department of health, a restricted receipt account entitled “Hospital Conversion Monitoring”. This account shall be used for the sole purpose to fund monitoring activities associated with hospital conversions pursuant to § 23-17.14-28(d)(1),…

For purposes of this chapter: (1) “Acquiree” means the person or persons that lose(s) any ownership or control in the new hospital as a result of a conversion, as the terms “conversion”, “new hospital”, and “person(s)” are defined within this chapter. (2) “Acquiror” means the per…

(a) A conversion shall require review and approval from the department of attorney general and from the department of health in accordance with the provisions of this chapter; except as provided for under § 23-17.14-12.1 hereof, but shall remain subject to the authority of the at…

(a) No person shall engage in a conversion with a for-profit corporation or a not-for-profit corporation as the acquiror or acquiree involving the establishment, maintenance, or operation of a hospital or a conversion subject to § 23-17.14-9 without prior approval of both the dep…

(a) The department of attorney general shall review all conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation and/or a not-for-profit corporation. (b) In reviewing proposed conversions in accordance with this section an…

(a) The department of health shall review all proposed conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation. (b) In reviewing an application for a conversion involving hospitals in which one or more of the transacting …

All conversions which are limited to not-for-profit corporations which involve the establishment, maintenance, or operation of a hospital require prior approval of both the department of attorney general and the department of health or, if eligible for expedited review under § 23…

It is found and declared as follows: (1) Rhode Island has a very high percentage of elderly persons, and the percentage of elderly persons is expected to increase. (2) Rhode Island elderly and disabled persons desire access to the complete range of long-term care services. (3) Co…

All long-term care programs and services provided by any department or agency of the state shall be designed to promote independence and care in the least restrictive environment, to enhance the quality of life for consumers, and be consistent with and inclusive of the following …

The general assembly finds: (1) Home health care is an important part of the quality of health care; (2) Home health care permits patients to receive medical care and treatment in the community; and (3) Home health care is cost efficient health care.

As used in this chapter: (1) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. (2) “Person” means an individual, corporation,…

The purpose of home health care is: (1) To avoid institutionalization; (2) To shorten hospital stays; (3) To speed recovery; (4) To bridge care from healthcare facilities and primary care providers and specialty providers; and (5) To allow patients to remain in the community.…

Each patient/client of a home nursing-care provider or home-care provider agency has the right to be informed of his or her rights under this chapter and the home nursing-care provider or home-care provider agency must protect and promote the exercise of these rights. The home nu…

Each home care patient/client has the following rights: (1) To receive services without regard to race, creed, color, gender, sexual orientation, age, disability, or source of payment. (2) To receive safe, appropriate and high quality care and services in a timely manner with con…