AN ACT RELATING TO HEALTH AND SAFETY-- DETERMINATION OF NEED FOR NEW HEALTHCARE EQUIPMENT AND NEW INSTITUTIONAL HEALTH SERVICES (Imposes a moratorium on the issuance of new home care provider, home nursing care provider and hospice provider licenses prior to 7/1/2031, and provides for health systems planning specific to these provider licenses during the moratorium by the DOH.)

S2388

2026 -- S 2388
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LC003423
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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-- DETERMINATION OF NEED FOR NEW
HEALTHCARE EQUIPMENT AND NEW INSTITUTIONAL HEALTH SERVICES

Introduced By:
Senators McKenney, Bissaillon, Urso, Tikoian, and Britto

Date Introduced:
January 30, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 23-15 of the General Laws entitled "Determination of Need for New
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Healthcare Equipment and New Institutional Health Services" is hereby amended by adding thereto
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the following section:
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23-15-12. System planning and licensure control for home care provider, home
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nursing care provider and hospice provider licenses -- Moratorium.

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(a) The health services council shall not review, and applicable state licensing agencies
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shall not issue, any approvals for new home care provider, home nursing care provider or hospice
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provider licenses prior to July 1, 2031; provided, however, that any review by the health services
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council of the department of health and approval by state agencies may be conducted during the
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moratorium period in the case of an emergency circumstance; a certificate of need application not
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previously approved; a change in ownership with respect to an existing home care provider, home
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nursing care provider or hospice provider license; a change in the effective control of a home care
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provider, home nursing care provider or hospice provider license or a compelling circumstance
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affecting the quality of life with respect to a certain geographic area or subpopulation including,
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but not limited to, pain control and symptom management delivered to the home. Provided,
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however, that any certificate of need application pending at the time of the effective date of this
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section shall continue to be reviewed pursuant to the provisions of chapter 15 of title 23; and shall
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not be subject to the moratorium provisions of this section.

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(b) During the moratorium period provided in subsection (a) of this section, the department
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of health shall conduct a statewide utilization and capacity study separate and apart from any other
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statutory study or report of services delivered by home care providers, home nursing care providers
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and hospice providers. Such study may include, but not be limited to, an assessment of:
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(1) The current availability and utilization of home care provider, home nursing care
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provider and hospice provider services;
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(2) The geographic areas and subpopulations that may be underserved or have reduced
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access to specific types of health care services; and
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(3) Other factors that the department deems pertinent to health care utilization at home.
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The report may also include the department of health's recommendations for addressing identified
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gaps in the provision of health care services to homebound patients, recommendations concerning
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a lack of access to care at home, projection of future demand, and duplicative and/or redundant
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services.
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(c) Should the department not produce a report by July 1, 2031, or at any time within a
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subsequent five (5) year interval, the moratorium on issuing home care provider, home nursing care
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provider and hospice provider licenses shall remain in effect.
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(d) The department’s health services council can only consider gaps as identified in the
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department’s five (5) year study as factors to determine new home care provider, home nursing
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care provider or hospice provider certificates of need.
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(e) The number of home care providers, home nursing care providers and hospice providers
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licenses in effect as of June 30, 2026, shall be the maximum number of licenses issued in each
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licensure category. In the event of a five percent (5%) or more reduction of licenses within a
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calendar year, this new figure on December 31 of that year shall be the new maximum number of
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licenses for that licensure category.
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(f) In the event a home care provider, home nursing care provider or hospice provider closes
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its operations without a change of effective control, this closure will reduce the maximum number
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of licenses for that licensure category by one license.
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(g) All home care providers, home nursing care providers and hospice providers shall
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maintain a physical non-residential office location in accordance with any and all requirements by
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the department of state and the department of health.
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(h) If any statute or regulation conflicts with the provisions of this section, the provisions
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of this section shall prevail.

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SECTION 2. This act shall take effect on July 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY-- DETERMINATION OF NEED FOR NEW
HEALTHCARE EQUIPMENT AND NEW INSTITUTIONAL HEALTH SERVICES
***
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This act would impose a moratorium on the issuance of new home care provider, home
2
nursing care provider and hospice provider licenses prior to July 1, 2031, and provide for health
3
systems planning specific to home care providers, home nursing care providers and hospice
4
providers licenses during the moratorium by the department of health.
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This act would take effect on July 1, 2026.
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LC003423 - Page 4 of 4