Vote Smart's Synopsis:

Vote to pass a bill that establishes a commission to study and recommend ways to improve the quality of retirement facilities in Rhode Island.

Highlights:

• Requires each facility to have the necessary nursing service personnel in sufficient numbers on a 24 hour basis, to assess the needs of residents, to develop and implement resident care plans, to provide direct resident care services, and to perform other related activities to maintain the health, safety and welfare of residents (Sec. 1).

• Defines “direct caregiver” as a registered nurse, a licensed practical nurse, a medication technician, and a certified nurse assistant (Sec. 1).

• Requires nursing facilities, beginning October 1, 2020, to provide a minimum daily average of 3 and one-tenth hours of direct nursing care per resident, per day, of which at least 2 and eight-tenths hours must be provided by certified nurse assistants (Sec. 1).

• Requires the department, on or before January 1, 2023, and every 5 years thereafter, to consult with consumers, consumer advocates, recognized collective bargaining agents, and providers to determine the sufficiency of the staffing standards provided in this section (Sec. 1).

• Requires the department to submit proposed rules and regulations for adoption on or before January 1, 2021 establishing monetary penalties for facilities not in compliance with minimum staffing requirements (Sec. 1).

• Establishes the penalty for (Sec. 1):

• The first offense to be 200 percent of the cost of wages and benefits for the missing staff hours;

• The second offense to increase to 250 percent of the cost of wages and benefits for the missing staffing hours for the second offense; and

• The third and all subsequent offenses to be 300 percent of the cost of wages and benefits for the missing staffing hours.

• Requires each nursing facility to post its daily direct care nurse staff levels by shift in a public place within the nursing facility that is readily accessible to and visible by residents, employees, and visitors (Sec. 1).

• Requires the posting information to be maintained on file by the nursing facility for no less than 3 years and to be made available to the public upon request (Sec. 1).

• Requires each nursing facility to report this information to the department of health on a monthly basis in an electronic format (Sec. 1).

• Requires each nursing facility to post the following information in a legible format and in a conspicuous place readily accessible to and visible by residents, employees, and visitors of the nursing facility (Sec. 1):

• The minimum number of nursing facility direct care staff per shift that is required to comply with the minimum staffing level requirements; and

• The telephone number or Internet website that a resident, employee or visitor of the nursing facility may use to report a suspected violation by the nursing facility of a regulatory requirement concerning staffing levels and direct patient care.

• Prohibits a nursing facility from discharging or in any manner discriminating or retaliating against any resident of any nursing facility, or any relative, guardian, conservator, or sponsoring agency, or against any employee of any nursing facility, or against any other person because the resident, relative, guardian, conservator, sponsoring agency, employee or other person has filed any complaint or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by the resident, relative, guardian, conservator, sponsoring agency, employee or other person on behalf of himself, herself or others (Sec. 1).

• Requires each nursing facility to prepare an annual report showing the average daily direct care nurse staffing level for the nursing facility by shift and by category (Sec. 1).

• Requires at least one individual who is certified in basic life support to be available 24 hours a day within the nursing facility (Sec. 1).

• Requires the general assembly to appropriate $600,000 for use by the department of labor and training for the issuance of grants to eligible nursing facilities for enhanced training for direct care and support services staff to improve resident quality of care and to address the changing health care needs of nursing facility residents due to higher acuity and increased cognitive impairments (Sec. 1).

• Requires any rate increase, beginning October 1, 2020, that results from application of the inflation index or any other rate increase, to be dedicated to increase compensation for all eligible direct-care workers on October 1, of each year (Sec. 1).

Full Bill Text