House Bill #5695 (2019)

AN ACT RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT

Extends monitoring of hospital conversions from 3 to 5 years/increases fine for violations from $1,000,000 to $2,000,000/simplifies judicial review.

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Changes since original draft

  • 2019 – H 5695
  • 2019 – H 5695 SUBSTITUTE A
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  • LC001571
  • LC001571/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT
  • Introduced By: Representative Raymond H. Johnston
  • Date Introduced: February 27, 2019
  • Referred To: House Corporations
  • (Attorney General)
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Sections 23-17.14-28, 23-17.14-30 and 23-17.14-34 of the GeneralLaws in Chapter 23-17.14 entitled "The Hospital Conversions Act" are hereby amended to read as follows:
  • 23-17.14-28. Concurrent approval – License.
  • (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, including expedited review under section 12.1, and §§ 23-17-1 – 23-17-45. The approvals of the director required by this chapter shallbe subject to chapter 35 of title 42. For any conversion subject to this chapter, the director may combine any hearings required by this chapter with any hearings on similar or related matters required by §§ 23-17-1 – 23-17-45 and shall consider issues of market share especially as they affect quality, access, and affordability of services.
  • (b) Any approval of a conversion involving a for-profit corporation as an acquiror shall be subject to any conditions as determined by the director of health, provided those conditions relate to the purpose of this chapter. Said conditions may include, but not be limited to, the conditions contained in this subsection. In the event the director determines that one or more of the conditions contained in this subsection are not appropriate or desirable in a particular conversion, the director shall include the rationale for not including such condition(s) in any approval.
  • (1) Maintain a governing body for each converted hospital whose membership shall include uncompensated, independent individuals who reside in Rhode Island;
  • (2) Make a financially reasonable contribution to support the state's coordinated health planning process;
  • (3) Adhere to reasonable restrictions on financial incentives to patient or health plan enrollees to receive hospital services outside of the state of Rhode Island;
  • (4) Keep the new hospitalopen and operational for a reasonable minimum period of time;
  • (5) Make a reasonable minimum investment to support primary care in the Rhode Island communities served by the new hospital;
  • (6) Not enter into any contract or other service or purchasing arrangements with an affiliated legal entity except for contracts or arrangements to provide services or products that are reasonably necessary to accomplish the health care purposes of the relevant hospital and for compensation that is consistent with fair market value for the services actually rendered, or the products actually provided;
  • (7) Report to the director on annualdistributions of profit to owners; and
  • (8) Require that any corporate allocation, or equivalent charge, to any affiliated organization(s) in any hospital fiscalyear not exceed reasonable fair market value for the services rendered or the assets purchased or leased from such affiliate.
  • (c) Any approval of a conversion involving a for-profit corporation as an acquiror shall be subject to any conditions as determined by the attorney general, provided those conditions relate to the purpose of this chapter. Said conditions may include, but not be limited to, the acquiror's adherence to a minimum investment to protect the assets, financial health, and well- being of the new hospital and for community benefit. In the event the attorney generaldetermines that the conditions contained in this subsection are not appropriate or desirable in a particular conversion, the attorney general shall include the rationale for not including such condition(s) in any approval.
  • (d) For a period of three (3) five (5) years following the effective date of the conversion, when approval of a conversion involves either a not-for-profit or a for-profit corporation as an acquiror:
  • (1) The acquiror shall file reports with the department and the attorney general on or before March 1st of each calendar year detailing compliance with the conditions in subsection (b) and any other conditions on the conversion approval or license of the new hospital. Failure to comply with any of such conditions or the charity care requirements contained in § 23-17.14-15
  • LC001571 - Page 2of 5 shall be cause for penalties to be applied in accordance with § 23-17.14-30;
  • LC001571/SUB A - Page 2of 5 shall be cause for penalties to be applied in accordance with § 23-17.14-30;
  • (2) The department of health and the department of attorney generalshallmonitor, assess and evaluate the acquiror's compliance with all of the conditions of approval, as well as annually review the impact of the conversion on health care costs and services within the communities served; and
  • (3) The acquiror shall pay for the costs of the department of health and the department of attorney general in performing such monitoring, evaluation and assessment in an amount to be determined by the attorney general or the director as they deem appropriate, which should be placed in escrow during the term of the monitoring period. No application for a conversion made pursuant to the requirements of this chapter shall be approved unless an agreement has been executed with the attorney general and the director for the payment of reasonable costs in accordance with this section.; and
  • (4) The department or the attorney general may seek immediate relief in the superior court to enforce any conditions of approval of a conversion, and may impose penalties for noncompliance pursuant to § 23-17.14-30.
  • (4) The department and/or the attorney general may seek immediate relief in the superior court to enforce any conditions of approval of a conversion, and may impose penalties for noncompliance pursuant to § 23-17.14-30.
  • 23-17.14-30. Failure to comply – Penalties.
  • If any person knowingly violates or fails to comply with any provision of this chapter or willingly or knowingly gives false or incorrect information:
  • (1) The director or attorney general may, after notice and opportunity for a prompt and fair hearing to the applicant or licensee one or more transacting parties, deny, suspend, or revoke a license, or in lieu of suspension or revocation of the license, may order the licensee to admit no additional persons to the facility, to provide health services to no additional persons through the facility, or to take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000); or and
  • (2) The superior court may, after notice and opportunity for a prompt and fair hearing, may impose a fine of not more than one million dollars ($1,000,000) or impose a prison term of not more than five (5) years. The attorney generalmay, after notice and opportunity for a prompt and fair hearing to one or more transacting parties, take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000).
  • 23-17.14-34. Judicial review.
  • (a) Notwithstanding any other provision of the general laws, any Any transacting party aggrieved by a final order of the department of health or the attorney general under this chapter may seek judicial review by original action filed in the superior court in accordance with § 42-35-
  • LC001571 - Page 3of 5 15. Any preliminary, procedural, or intermediate agency act or ruling with respect to the filing of an application for conversion, including the completeness of the application, confidentiality of any information or documents produced in connection with a conversion, approval or disapproval of a conversion and conditions or restrictions proposed or determined with the respect to the approval of a proposed conversion, is immediately reviewable.
  • LC001571/SUB A - Page 3of 5 15. Any preliminary, procedural, or intermediate agency act or ruling with respect to the filing of an application for conversion, including the completeness of the application, confidentiality of any information or documents produced in connection with a conversion, approval or disapproval of a conversion and conditions or restrictions proposed or determined with the respect to the approval of a proposed conversion, is immediately reviewable.
  • (b) Any action brought under this section shall be given priority by the superior court.
  • (c) In performing such review the superior court shall consider and balance the reasonable interests of the transacting parties and the reasonable interest of the citizens of the state in a safe, accessible, and affordable healthcare system.
  • (d) The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
  • (1) Unreasonable;
  • (2) In violation of constitutional or statutory provisions;
  • (3) In excess of the statutory authority of the agency;
  • (4) Made upon unlawful procedure;
  • (5) Affected by other error or law;
  • (6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
  • (7) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC001571
  • LC001571/SUB A
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  • LC001571 - Page 4of 5
  • LC001571/SUB A - Page 4of 5
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT
  • ***
  • This act would extend the monitoring of hospital conversions relating to not-for-profit and for-profit corporations from three (3) to five (5) years, increase the monetary fine for violations from one million dollars ($1,000,000) to two million dollars ($2,000,000) and simplify judicial review provisions of hospital conversions.
  • This act would take effect upon passage. ======== LC001571 ========
  • LC001571 - Page 5of 5
  • This act would take effect upon passage. ======== LC001571/SUB A ========
  • LC001571/SUB A - Page 5of 5

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage In Concurrence

June 28, 2019 at 9:21pm
Yeas: 31 / Nays: 0 / Not voting: 6 / Recused: 1
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Bell R
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley NV
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y