The bill amends Section 23-17.5-33 of the General Laws concerning the rights of nursing home patients, specifically focusing on minimum staffing level compliance and enforcement. It introduces a new compliance determination system that requires the Department to submit proposed rules by October 15, 2021, to assess compliance with staffing requirements. Compliance will be evaluated quarterly based on the number of hours provided per resident, using data from the Centers for Medicare and Medicaid Services’ payroll-based journal and the facility’s self-reported daily census. The bill also establishes a framework for imposing monetary penalties on facilities that fail to meet these staffing standards, with penalties increasing for repeated offenses.

Additionally, the bill includes a provision that any penalties incurred for offenses committed during the calendar years 2022, 2023, and 2024 will be abated. This means that facilities will not face financial penalties for noncompliance during this period. The act is designed to ensure that nursing homes adhere to minimum staffing levels while providing a temporary reprieve from penalties during the specified years. The bill will take effect upon passage.

Statutes affected:
265: 23-17.5-33