Rhode Island General Laws
Chapter 23-17.14 - The Hospital Conversions Act
Section 23-17.14-8. - Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree.

§ 23-17.14-8. Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree.
(a) The department of health shall review all proposed conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation.
(b) In reviewing an application for a conversion involving hospitals in which one or more of the transacting parties is a for-profit corporation, the department of health shall consider the following criteria:
(1) Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties, are satisfactory;
(2) Whether sufficient safeguards are included to assure the affected community continued access to affordable care;
(3) Whether the transacting parties have provided clear and convincing evidence that the new hospital will provide health care and appropriate access with respect to traditionally underserved populations in the affected community;
(4) Whether procedures or safeguards are assured to insure that ownership interests will not be used as incentives for hospital employees or physicians to refer patients to the hospital;
(5) Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable, and retention of the workforce;
(6) Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed workforce retraining needed as a consequence of any proposed restructuring;
(7) Whether the conversion demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access, and balanced healthcare delivery to the residents of the state; and
(8) Whether the acquiror has demonstrated that it has satisfactorily met the terms and conditions of approval for any previous conversion pursuant to an application submitted under § 23-17.14-6.
(c) In reviewing proposed conversions in accordance with this section, the department of health shall adhere to the process in § 23-17.14-7(b).
History of Section.P.L. 1997, ch. 372, § 1; P.L. 2000, ch. 325, § 1; P.L. 2022, ch. 401, § 1, effective June 30, 2022; P.L. 2022, ch. 441, § 1, effective June 30, 2022.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 23 - Health and Safety

Chapter 23-17.14 - The Hospital Conversions Act

Section 23-17.14-1. - Short title.

Section 23-17.14-2. - Findings.

Section 23-17.14-3. - Purpose of provisions.

Section 23-17.14-4. - Definitions.

Section 23-17.14-5. - Prior approval required — Department of attorney general and department of health.

Section 23-17.14-6. - Initial application — Conversions involving for-profit corporations or not-for-profit corporations as acquirors or acquirees.

Section 23-17.14-7. - Review process of the department of attorney general and the department of health and review criteria by department of attorney general.

Section 23-17.14-8. - Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree.

Section 23-17.14-9. - Initial application — Conversions limited to not-for-profit corporations.

Section 23-17.14-10. - Review process of department of attorney general and department of health and criteria by department of attorney general — Conversions limited to not-for-profit corporations.

Section 23-17.14-11. - Criteria for the department of health — Conversions limited to not-for-profit corporations.

Section 23-17.14-12. - [Repealed.]

Section 23-17.14-12.1. - Expedited review for unaffiliated community hospitals or not-for-profit hospitals.

Section 23-17.14-13. - Reports, use of experts, costs.

Section 23-17.14-14. - Investigations — Notice to attend — Court order to appear — Contempt.

Section 23-17.14-15. - Charity care requirements.

Section 23-17.14-16. - Gag rules prohibited.

Section 23-17.14-17. - Perjury.

Section 23-17.14-18. - Prior approval — Closings or significant reduction of medical services.

Section 23-17.14-19. - Limits to acquisitions — Community benefits requirements — Filings prohibited.

Section 23-17.14-20. - Licensing fees.

Section 23-17.14-21. - No derogation of attorney general.

Section 23-17.14-22. - Distribution of proceeds from acquisition — Selection and establishment of an independent foundation.

Section 23-17.14-23. - Powers and duties of the board.

Section 23-17.14-24. - Personal liability excluded.

Section 23-17.14-25. - Implementation.

Section 23-17.14-26. - Annual report.

Section 23-17.14-27. - General powers and limitations.

Section 23-17.14-28. - Concurrent approval — License.

Section 23-17.14-29. - Whistleblower protections.

Section 23-17.14-30. - Failure to comply — Penalties.

Section 23-17.14-31. - Powers of the department of health.

Section 23-17.14-32. - Powers of the attorney general.

Section 23-17.14-33. - Severability.

Section 23-17.14-34. - Judicial review.

Section 23-17.14-35. - Court-approved settlements.

Section 23-17.14-36. - Hospital conversion monitoring account.