AN ACT RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING ACT (Limits the facility's ability to charge rent and fees for a maximum of seven (7) days or until removal of the personal property from the room, whichever occurs first. A violation would constitute a deceptive trade practice.)

H7929

2026 -- H 7929
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LC005668
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING
ACT

Introduced By:
Representatives Morales, McNamara, Kislak, Sanchez, Donovan, Cruz,
Potter, Tanzi, Cotter, and Carson

Date Introduced:
February 27, 2026

Referred To:
House Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Section 23-17.4-16 of the General Laws in Chapter 23-17.4 entitled "Assisted
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Living Residence Licensing Act" is hereby amended to read as follows:
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23-17.4-16. Rights of residents.
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(a) Every assisted living residence for adults licensed under this chapter shall observe the
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following standards and any other appropriate standards as may be prescribed in rules and
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regulations promulgated by the licensing agency with respect to each resident of the residence:
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(1) Residents are entitled to all rights recognized by state and federal law with respect to
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discrimination, service decisions (including the right to refuse services), freedom from abuse and
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neglect, privacy, association, and other areas of fundamental rights including the right to freedom
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of religious practice. Some of these basic rights include:
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(i) To be offered services without discrimination as to sex, race, color, religion, national
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origin, or source of payment;
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(ii) To be free from verbal, sexual, physical, emotional, and mental abuse, corporal
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punishment, and involuntary seclusion;
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(iii) To be free from physical or chemical restraints for the purpose of discipline or
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convenience and not required to treat the resident’s medical symptoms. No chemical or physical
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restraints will be used except on order of a physician;
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(iv) To have their medical information protected by applicable state confidentiality laws;

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(v) To have a service animal, consistent with the “reasonable accommodations” clause of
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the Fair Housing Act, 42 U.S.C. § 3601 et seq. (such as a seeing eye dog); and
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(2) In addition to these basic rights enjoyed by other adults, the residents of assisted living
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also have the right to:
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(i) Be treated as individuals and with dignity, and be assured choice and privacy and the
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opportunity to act autonomously;
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(ii) Upon request have access to all records pertaining to the resident, including clinical
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records, within the next business day or immediately in emergency situations;
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(iii) Arrange for services not available through the setting at their own expense as long as
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the resident remains in compliance with the resident contract and applicable state law and
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regulations;
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(iv) Upon admission and during the resident’s stay be fully informed in a language the
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resident understands of all resident rights and rules governing resident conduct and responsibilities.
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Each resident shall:
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(A) Receive a copy of their rights;
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(B) Acknowledge receipt in writing; and
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(C) Be informed promptly of any changes;
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(v) Remain in their room or apartment unless a change in room or apartment is related to
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resident preference or to transfer conditions stipulated in their contract;
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(vi) Consistent with the terms of the resident contract, furnish their own rooms and
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maintain personal clothing and possessions as space permits, consistent with applicable life safety,
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fire, or similar laws, regulations, and ordinances;
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(vii) Be encouraged and assisted to exercise rights as a citizen; to voice grievances through
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a documented grievance mechanism and suggest changes in policies and services to either staff or
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outside representatives without fear of restraint, interference, coercion, discrimination, or reprisal;
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(viii) Have visitors of their choice without restrictions so long as those visitors do not pose
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a health or safety risk to other residents, staff, or visitors, or a risk to property, and comply with
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reasonable hours and security procedures;
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(ix) Have personal privacy in their medical treatment, written communications and
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telephone communications, and, to the fullest extent possible, in accommodation, personal care,
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visits, and meetings;
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(x) Have prominently displayed a posting of the facility’s grievance procedure, the names,
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addresses, and telephone numbers of all pertinent resident advocacy groups, the state
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ombudsperson, and the state licensing agency;

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(xi) Choose his or her own physician(s) and have ready access to the name, specialty, and
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way of contacting the physician(s) responsible for the resident’s care;
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(xii) Have the residence record and periodically update the address and telephone number
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of the resident’s legal representative or responsible party;
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(xiii) Manage his or her financial affairs. The residence may not require residents to deposit
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their personal funds with the residence. Upon written authorization of a resident and with the
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agreement of the residence, the residence holds, safeguards, manages, and accounts for personal
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funds of the resident as follows:
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(A) Funds in excess of three hundred dollars ($300) must be in an interest bearing account,
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separate from any residence operating account that credits all interest on the resident’s funds to that
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account and the residence shall purchase a surety bond on this account;
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(B) A full and separate accounting of each resident’s personal funds maintained must be
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available through quarterly statements and on request of the resident;
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(C) Resident funds shall not be commingled with residence funds or with funds of any
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person other than another resident;
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(D) Upon the death of a resident, the residence must convey within thirty (30) days the
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resident’s funds deposited with the residence and a full accounting of those funds to the resident’s
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responsible party or the administrator of the resident’s estate;
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(xiv) Have access to representatives of the state ombudsperson and to allow the
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ombudsperson to examine a resident’s records with the permission of the resident and consistent
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with state law;
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(xv) Be informed, in writing, prior to or at the time of admission or at the signing of a
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residential contract or agreement of:
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(A) The scope of the services available through the residence service program, including
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health services, and of all related fees and charges, including charges not covered either under
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federal and/or state programs or by other third party payors or by the residence’s basic rate;
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(B) The residence’s policies regarding overdue payment including notice provisions and a
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schedule for late fee charges;
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(C) The residence’s policy regarding acceptance of state and federal government
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reimbursement for care in the facility both at time of admission and during the course of residency
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if the resident depletes his or her own private resources;
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(D) The residence’s criteria for occupancy and termination of residency agreements;
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(E) The residence’s capacity to serve residents with physical and cognitive impairments;
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(F) Support any health services that the residence includes in its service package or will

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make appropriate arrangements to provide the services;
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(xvi) To be encouraged to meet with and participate in activities of social, religious, and
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community groups at the resident’s discretion;
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(xvii) Upon provision of at least thirty (30) days notice, if a resident chooses to leave a
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residence, the resident shall be refunded any advanced payment made provided that the resident is
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current in all payments;
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(xviii) To have the residence discharge a resident only for the following reasons and within
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the following guidelines:
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(A) Except in life threatening emergencies and for nonpayment of fees and costs, the
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residence gives thirty (30) days’ advance written notice of termination of residency agreement with
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a statement containing the reason, the effective date of termination, and the resident’s right to an
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appeal under state law;
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(B) If the resident does not meet the requirements for residency criteria stated in the
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residency agreement or requirements of state or local laws or regulations;
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(C) If the resident is a danger to himself or herself or the welfare of others and the residence
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has attempted to make a reasonable accommodation without success to address the resident’s
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behavior in ways that would make termination of residency agreement or change unnecessary,
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which would be documented in the resident’s records;
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(D) For failure to pay all fees and costs stated in the contract, resulting in bills more than
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thirty (30) days outstanding. A resident who has been given notice to vacate for nonpayment of
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rent has the right to retain possession of the premises, up to any time prior to eviction from the
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premises, by tendering to the provider the entire amount of fees for services, rent, interest, and costs
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then due. The provider may impose reasonable late fees for overdue payment; provided that the
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resident has received due notice of those charges in accordance with the residence’s policies.
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Chronic and repeated failure to pay rent is a violation of the lease covenant. However the residence
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must make reasonable efforts to accommodate temporary financial hardship and provide
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information on government or private subsidies available that may be available to help with costs;
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and
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(E) The residence makes a good faith effort to counsel the resident if the resident shows
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indications of no longer meeting residence criteria or if service with a termination notice is
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anticipated;
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(xix)
(A)
To have the residence provide for a safe and orderly move out, including
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assistance with identifying a resource to help locate another setting, regardless of reason for move
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out;

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(B) To prohibit an assisted living residence from enforcing a thirty (30) day notice of
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vacancy policy in the event of the resident's death. The assisted living residence shall be entitled to
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rent and fees only until the family, estate, or responsible party has removed the deceased person's
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personal property, but in no case for more than seven (7) days from the date of the resident's death.
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If the personal property is not removed within seven (7) days the assisted living residence may
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arrange for the storage of the personal property.
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(C) A violation of the provisions of subsection (a)(2)(xix)(B) of this section shall constitute
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a deceptive trade practice in violation of chapter 13.1 of title 6.
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(xx) To have the resident’s responsible person and physician notified when there is:
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(A) An accident involving the resident that results in injury and required physician
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intervention;
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(B) A significant change in the resident’s physical, mental, or psychosocial status or
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treatment;
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(xxi) To be able to share a room or unit with a spouse or other consenting resident of the
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residence in accordance with terms of the resident contract;
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(xxii) To live in a safe and clean environment;
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(xxiii) To have and use his or her own possessions where reasonable and have an accessible
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lockable space provided for security of small personal valuables;
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(xxiv) To receive a nourishing, palatable, well balanced diet that meets his or her daily
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nutritional and special medical dietary needs;
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(xxv) To attain or maintain the highest practicable physical, mental, and psychosocial well
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being;
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(xxvi) To be allowed to maintain an amount of money to cover reasonable monthly
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personal expenses, the amount of which shall be at least equal to that amount required for
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individuals on SSI as provided under § 40-6-27(a)(3);
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(xxvii) To have the residence implement written policies and procedures to ensure that all
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facility staff are aware of and protect the resident’s rights contained in this section; and
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(xxviii) Upon request, the resident shall have the right to receive information concerning
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hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.
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(b) For purposes of subdivisions (a)(2)(ii), (iv), (xi), (xiii), (xiv), (xvii), (xviii)(A) and
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(xxviii), the term “resident” also means the resident’s agent as designated in writing or legal
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guardian.
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SECTION 2. Chapter 23-17.5 of the General Laws entitled "Rights of Nursing Home
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Patients" is hereby amended by adding thereto the following section:

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23-17.5-25.1. Vacancy after death.

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(a) A nursing home residence shall not enforce a thirty (30) day notice of vacancy policy
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in the event of the resident's death. The nursing home residence shall be entitled to rent and fees
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only until the family, estate or responsible party has removed the deceased person’s personal
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property, but in no case for not more than seven (7) days from the date of the resident's death.
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(b)(1) If there is personal property to remove that impedes the reuse of the room, the seven
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(7) day period shall not begin until after the family, estate, or responsible party has removed the
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deceased person's personal property impeding the reuse of the room.
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(2) If the room is occupied by a new resident before the expiration of the seven (7) day
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period, rent and fees for the seven (7) day period shall be prorated from the date of such occupancy
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and returned to the family, estate, or other responsible party.
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(c) A violation of the provisions of this section shall constitute a deceptive trade practice
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in violation of chapter 13.1 of title 6.
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(d) The department of health shall promulgate any rules or regulations deemed necessary
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for the implementation of this section.
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SECTION 3. This act shall take effect on September 1, 2027.
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LC005668
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING
ACT
***
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This act would prohibit enforcing a thirty (30) day notice of vacancy policy when a resident
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of an assisted living facility or nursing home dies and limit the facility's ability to charge rent and
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fees for a maximum of seven (7) days or until removal of the personal property from the room,
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whichever occurs first. A violation would constitute a deceptive trade practice.
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This act would take effect on September 1, 2027.
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LC005668
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