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Rhode Island General Laws 23-17-14.3. Review criteria

Current as of: 2023 | Check for updates | Other versions

     

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.

Terms Used In Rhode Island General Laws 23-17-14.3

  • Change in owner: means :

    (i)  In the case of a healthcare facility that is a partnership, the removal, addition, or substitution of a partner that results in a new partner acquiring a controlling interest in the partnership;

    (ii)  In the case of a healthcare facility that is an unincorporated, solo proprietorship, the transfer of the title and property to another person;

    (iii)  In the case of a healthcare facility that is a corporation:

    (A)  A sale, lease exchange, or other disposition of all, or substantially all, of the property and assets of the corporation; or

    (B)  A merger of the corporation into another corporation; or

    (C)  The consolidation or two (2) or more corporations, resulting in the creation of a new corporation; or

    (D)  In the case of a healthcare facility that is a business corporation, any transfer of corporate stock that results in a new person acquiring a controlling interest in the corporation; or

    (E)  In the case of a healthcare facility that is a nonbusiness corporation, any change in membership that results in a new person acquiring a controlling vote in the corporation. See Rhode Island General Laws 23-17-2

  • Health care facility: means a hospital or a nursing facility. See Rhode Island General Laws 23-17-59
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Rhode Island General Laws 23-17.14-3. Purpose of provisions

Current as of: 2023 | Check for updates | Other versions

     

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 delivery of healthcare in the state and to monitor hospital performance to assure that standards for community benefits continue to be met;

(3)  To establish a review process and criteria for review of hospital conversions;

(4)  To clarify the jurisdiction and the authority of the department of health to protect public health and welfare and the department of attorney general to preserve and protect public and charitable assets in reviewing both hospital conversions which involve for-profit corporations and hospital conversions which include only not-for-profit corporations; and

(5)  To provide for independent foundations to hold and distribute proceeds of hospital conversions consistent with the acquiree’s original purpose or for the support and promotion of health care and social needs in the affected community.

History of Section.
P.L. 1997, ch. 372, § 1; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.

Terms Used In Rhode Island General Laws 23-17.14-3

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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