Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0578 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0578
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7	7	LC001722
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING
16	16	ACT
17	17	Introduced By: Senators Mack, Miller, Kallman, Lauria, Britto, Acosta, Euer,
18	18	McKenney, LaMountain, and Bell
19	19	Date Introduced: March 07, 2023
20	20	Referred To: Senate Health & Human Services
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 23-17.4-2 of the General Laws in Chapter 23-17.4 entitled "Assisted 1
25	25	Living Residence Licensing Act" is hereby amended to read as follows: 2
26	26	23-17.4-2. Definitions. 3
27	27	As used in this chapter: 4
28	28	(1) “Activities of daily living (ADLs)” means bathing, dressing, eating, toileting, mobility 5
29	29	and transfer. 6
30	30	(2) “Administrator” means any person who has responsibility for day to day administration 7
31	31	or operation of an assisted living residence. 8
32	32	(3) “Alzheimer’s dementia special care unit or program” means a distinct living 9
33	33	environment within an assisted living residence that has been physically adapted to accommodate 10
34	34	the particular needs and behaviors of those with dementia. The unit provides increased staffing, 11
35	35	therapeutic activities designed specifically for those with dementia and trains its staff on an ongoing 12
36	36	basis on the effective management of the physical and behavioral problems of those with dementia. 13
37	37	The residents of the unit or program have had a standard medical diagnostic evaluation and have 14
38	38	been determined to have a diagnosis of Alzheimer’s dementia or another dementia. 15
39	39	(4) “Assisted living residence” means a publicly or privately operated residence that 16
40	40	provides directly or indirectly by means of contracts or arrangements personal assistance and may 17
41	41	include the delivery of limited health services, as defined under subsection (12), to meet the 18
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44	44	LC001722 - Page 2 of 5
45	45	resident’s changing needs and preferences, lodging, and meals to six (6) or more adults who are 1
46	46	unrelated to the licensee or administrator, excluding however, any privately operated establishment 2
47	47	or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the 3
48	48	jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, 4
49	49	the department of children, youth and families, or any other state agency. The department shall 5
50	50	develop levels of licensure for assisted living residences within this definition as provided in § 23-6
51	51	17.4-6. Assisted living residences include sheltered care homes, and board and care residences or 7
52	52	any other entity by any other name providing the services listed in this subdivision which meet the 8
53	53	definition of assisted living residences. 9
54	54	(5) “Capable of self-preservation” means the physical mobility and judgmental ability of 10
55	55	the individual to take appropriate action in emergency situations. Residents not capable of self-11
56	56	preservation are limited to facilities that meet more stringent life safety code requirements as 12
57	57	provided under § 23-17.4-6(b)(3). 13
58	58	(6) “Director” means the director of the Rhode Island department of health. 14
59	59	(7) "Family council" means an independent, self-determining group of family members 15
60	60	and friends who: 16
61	61	(i) Advocate for the needs and interests of the residents of a managed residential 17
62	62	community that offers assisted living services; and 18
63	63	(ii) Facilitate open communication between the managed residential community 19
64	64	administration, the residents and family and friends of the residents. 20
65	65	(8) “Licensing agency” means the Rhode Island department of health. 21
66	66	(8)(9)“Qualified licensed assisted living staff members” means a certified nursing assistant 22
67	67	as provided under § 23-17.9-2(a)(3), a licensed practical nurse as provided under § 5-34-3(13) 23
68	68	and/or a registered nurse as provided under § 5-34-3(14). 24
69	69	(9)(10) “Personal assistance” means the provision of one or more of the following services, 25
70	70	as required by the resident or as reasonably requested by the resident, on a scheduled or 26
71	71	unscheduled basis, including: 27
72	72	(i) Assisting the resident with personal needs including activities of daily living; 28
73	73	(ii) Assisting the resident with self-administration of medication or administration of 29
74	74	medications by appropriately licensed staff; 30
75	75	(iii) Providing or assisting the resident in arranging for health and supportive services as 31
76	76	may be reasonably required; 32
77	77	(iv) Monitoring the activities of the resident while on the premises of the residence to 33
78	78	ensure his or her health, safety, and well-being; and 34
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82	82	(v) Reasonable recreational, social and personal services. 1
83	83	(10)(11) “Resident” means an individual not requiring medical or nursing care as provided 2
84	84	in a healthcare facility but who as a result of choice and/or physical or mental limitation requires 3
85	85	personal assistance, lodging and meals and may require the administration of medication and/or 4
86	86	limited health services. A resident must be capable of self-preservation in emergency situations, 5
87	87	unless the facility meets a more stringent life safety code as required under § 23-17.4-6(b)(3). 6
88	88	Persons needing medical or skilled nursing care, including daily professional observation and 7
89	89	evaluation, as provided in a healthcare facility, and/or persons who are bedbound or in need of the 8
90	90	assistance of more than one person for ambulation, are not appropriate to reside in assisted living 9
91	91	residences. However, an established resident may receive daily skilled nursing care or therapy from 10
92	92	a licensed healthcare provider for a condition that results from a temporary illness or injury for up 11
93	93	to forty-five (45) days subject to an extension of additional days as approved by the department, or 12
94	94	if the resident is under the care of a Rhode Island licensed hospice agency provided the assisted 13
95	95	living residence assumes responsibility for ensuring that the required care is received. Furthermore, 14
96	96	a new resident may receive daily therapy services and/or limited skilled nursing care services, as 15
97	97	defined through rules and regulations promulgated by the department of health, from a licensed 16
98	98	healthcare provider for a condition that results from a temporary illness or injury for up to forty-17
99	99	five (45) days subject to an extension of additional days as approved by the department, or if the 18
100	100	resident is under the care of a licensed hospice agency provided that assisted living residence 19
101	101	assumes responsibility for ensuring that the care is received. For the purposes of this chapter, 20
102	102	“resident” shall also mean the resident’s agent as designated in writing or legal guardian. 21
103	103	Notwithstanding the aforementioned, residents who are bed bound or in need of assistance of more 22
104	104	than one staff person for ambulation may reside in a residence if they are receiving hospice care in 23
105	105	accordance with the rules and regulations promulgated by the department of health. For the 24
106	106	purposes of this chapter, “resident” shall also mean the resident’s agent as designated in writing or 25
107	107	legal guardian. 26
108	108	(11)(12) “Supervision” means the supervision requirements of qualified licensed assisted 27
109	109	living staff delivering limited health services in accordance with this chapter, as defined through 28
110	110	rules and regulations promulgated by the department of health. 29
111	111	(12)(13) “Limited health services” means health services, as ordered by the resident’s 30
112	112	physician, provided by qualified licensed assisted living staff members with supervision as required 31
113	113	in rules and regulations promulgated by the department of health. Nothing in this definition shall 32
114	114	be construed to limit the right of assisted living residents to access home nursing care or hospice 33
115	115	provider services. 34
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119	119	SECTION 2. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence 1
120	120	Licensing Act" is hereby amended by adding thereto the following section: 2
121	121	23-17.4-15.10. Establishment of family councils. 3
122	122	On or before January 1, 2024, all assisted living facilities shall authorize and assist in the 4
123	123	establishment of a family council in managed residential communities offering assisted living 5
124	124	services. Such family council shall not allow a family member or friend of a resident who is not a 6
125	125	resident of a dementia special care unit to participate in the family council without the consent of 7
126	126	such resident. 8
127	127	SECTION 3. This act shall take effect upon passage. 9
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134	134	EXPLANATION
135	135	BY THE LEGISLATIVE COUNCIL
136	136	OF
137	137	A N A C T
138	138	RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING
139	139	ACT
140	140	***
141	141	This act would establish, encourage and support the establishment of family councils in 1
142	142	managed residential communities providing assisted living services. 2
143	143	This act would take effect upon passage. 3
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