AN ACT RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES
Requires public disclosure of nursing facility ownership and limits asset withdrawals without approval, with penalties for noncompliance.
Requires public disclosure of nursing facility ownership and limits asset withdrawals without approval, with penalties for noncompliance.
Jurisdiction: Rhode Island | Session: 2026 | Title: AN ACT RELATING TO HEALTH AND SAFETY — LICENSING OF HEALTHCARE FACILITIES
Sponsor: Senator Melissa A. Murray
Status: Introduced March 5, 2026; referred to Senate Health & Human Services. Committee recommended measure be held for further study (April 28, 2026).
Purpose and intent
- The bill seeks greater transparency in ownership and control of nursing facilities (a subset of healthcare facilities) and to curb the transfer or withdrawal of equity/assets that could affect facility operations and patient care. It adds public-facing disclosure requirements and imposes penalties for noncompliance and for improper withdrawal of assets.
Key provisions
1) Transparency of ownership in nursing facilities (Section 23-17-65)
- Requirement: Operators of nursing facilities must file with the Rhode Island Department of Health information detailing ownership interests.
- What must be disclosed:
- For each person with an ownership interest:
- Name and contact information
- Interest in land where the facility is located
- Interest in the building
- Interest in any mortgage, note, deed of trust, or other obligation secured by the land/building
- Interest as lessor/lessee in any lease or sub-lease of the land/building
- Ultimate ownership (the actual owner of land/building/mortgages/leases) and any lessee of the land or building
- The operator(s) of the nursing facility
- If any listed person is:
- A partnership or LLC: provide name and address of each partner/member
- A corporation (not traded on major exchanges or exempted banks/savings institutions): provide name/address of officers, directors, principal stockholders, and controlling persons
- A corporation traded on an exchange or exempt banks/savings entities: provide principal executive officers, directors, and principal stockholders
- Public access: The Department of Health must, upon request, make all documents and information obtained under this section available to the public.
- Definitions: “Operator” includes both the licensee and the complete ownership entity above the actual license-holding entity.
- Penalties for noncompliance:
- If ownership information is incomplete or knowingly false, penalties under existing sections (23-17-8 and 23-17-8.1) may apply after notice and a hearing.
- The director may require a financial audit of the facility at the operator’s expense.
- Possible fines: at least $1,000,000 or an amount equal to the value of assets diverted to undisclosed interest holders (the greater of the two).
2) Withdrawal of equity or assets (New section 23-17-12.12)
- Effective date: On or after July 1, 2026.
- Limitation: No nursing facility may withdraw equity or transfer assets that, in aggregate, exceed 3% of the facility’s total reported annual revenue for patient care services without prior written approval from the director.
- How revenue is measured: Based on the facility’s most recently filed annual BM-64 with the Department of Human Services, or another form prescribed by the director.
- Approval timeline: The director must decide on any such withdrawal request within 60 days of receipt of the written request.
- Notification: Requests must be submitted by certified mail using a form acceptable to the licensing agency.
3) Effective date
- The act takes effect upon passage.
Who is affected
- Nursing facility operators/licensees in Rhode Island.
- Individuals and entities with ownership or financial interests in nursing facilities (including land, buildings, mortgages, leases, etc.).
- Public access to disclosed ownership information (via the Department of Health).
- Nursing facilities seeking to withdraw equity or transfer assets, which now face explicit thresholds and a required director approval process.
Procedural and timeline notes
- Implementing dates:
- Ownership disclosure requirements effective upon passage (implied by Section 1).
- Equity/asset withdrawal restriction effective July 1, 2026 (Section 2).
- Director's decision on withdrawal requests within 60 days of receipt (Section 2).
- Administrative oversight by Rhode Island Department of Health; potential audits at operator expense and substantial monetary penalties for noncompliance or misrepresentation.
Overall impact
- Enhances transparency of ownership in nursing facilities.
- Creates a clear approval mechanism and financial safeguards limiting aggressive asset transfers or erosion of facility equity.
- Establishes strong penalties to deter undisclosed ownership interests and improper withdrawals, with public disclosure potentially informing stakeholders and policymakers.
Compiled from official sources — confirm details with the bill’s official record.
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