H 7759Medical Services

Health and Safety - Rights of Nursing Home Patients

This bill allows nursing home patients or their estates to sue nursing homes for rights violations and recover damages and legal fees.

Held for study

Population
Affected

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Introduced Feb 12, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the "Rights of Nursing Home Patients" chapter of the General Laws. It specifically updates the section title to include "Civil violation." The bill establishes that any nursing home violating patient rights or failing to post required provisions commits a misdemeanor, punishable by fines up to $500 and up to six months in jail. Additionally, it grants patients or their estates the right to file civil lawsuits against nursing homes for violations. These lawsuits can seek actual and punitive damages, and prevailing plaintiffs are entitled to recover reasonable attorneys' fees and costs.

For younger readers

This new rule helps protect older people living in nursing homes. It says that if a nursing home breaks the rules about how to treat patients nicely and safely, they can get in trouble with the police and have to pay a fine. Also, it allows the people living there, or their families, to go to court and sue the nursing home. If the family wins, the nursing home has to pay money for the harm they caused and pay for the lawyers who helped the family. This helps make sure nursing homes follow the rules.

Who & Where It Applies

Impacted groups

Nursing home residentsNursing home owners and operatorsEstate administratorsAttorneysDepartment of Health

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Empowers vulnerable populations (the elderly and infirm) and their families with a direct legal mechanism to hold corporations accountable for neglect or abuse.
Includes provisions for punitive damages and attorney's fees, which encourages legal representation for low-income victims who otherwise could not afford to sue powerful healthcare institutions.
Strengthens the social safety net by creating financial consequences for nursing homes that fail to uphold the rights and dignity of their residents.
The criminal penalty fine is capped at $500 per violation, which may be viewed as a trivial "cost of doing business" for large, for-profit nursing home chains rather than a true deterrent.
Relies heavily on individual litigation for enforcement rather than increasing funding for state inspectors to proactively prevent abuse before it happens.
Does not address systemic issues such as staffing ratios or wage standards for nursing home workers, which are often the root cause of patient neglect.

For Conservatives

Utilizes the court system and private citizens to enforce standards (market-based enforcement) rather than creating a new, expensive government regulatory agency.
Upholds the sanctity of life and the dignity of the elderly, aligning with traditional values regarding the care of vulnerable family members.
Clarifies the rule of law by explicitly defining the penalties and liabilities for businesses operating in this sector.
Creates a significant liability burden for business owners by allowing for punitive damages, which could lead to financial instability for nursing home operators.
The provision awarding attorney's fees to prevailing plaintiffs may encourage trial lawyers to file frequent lawsuits, potentially leading to a "litigation lottery" environment.
Increased legal risks and insurance costs for nursing homes could drive smaller, independent operators out of business, reducing consumer choice.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions · 1 deletion

SECTION 1. Section 23-17.5-21 of the General Laws in Chapter 23-17.5 entitled "Rights of Nursing Home Patients" is hereby amended to read as follows: 23-17.5-21. ~~Penalties.~~ Penalties -- Civil violation.

(a) Any nursing home which refuses or neglects to post provisions or which violates the requirements of this chapter shall be guilty of a misdemeanor for each violation punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.

(b) Any person, including any estate, shall have a cause of action, independent and in addition to any other legal remedy available, against any nursing home in violation of this chapter. This cause of action to recover actual and punitive damages shall be brought in a court of competent jurisdiction, and any plaintiff who prevails in such action shall be entitled to recover reasonable attorneys' fees and costs of any action.

(c) The department of health may maintain an action in the name of the state to enforce the provisions of this chapter and any rules and regulations promulgated pursuant to this chapter.

SECTION 2. This act shall take effect upon passage.