S 3199Medical Services

Health and Safety - Rights of Nursing Home Patients

This bill allows nursing home patients to sue facilities for violating their rights and recover damages and attorney's fees.

Held for study

Population
Affected

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Introduced Apr 3, 2026Committee Senate Judiciary

Plain-English Summary

This bill gives nursing home patients or their estates the right to sue a nursing home if the facility violates the "Rights of Nursing Home Patients" law. It allows them to seek both actual and punitive damages in court. If the patient or their estate wins the lawsuit, the nursing home must also pay for their reasonable attorney's fees and court costs. Additionally, the bill clarifies that the Department of Health can take legal action on behalf of the state to enforce these rules and regulations.

For younger readers

This bill helps protect older people who live in nursing homes. If a nursing home breaks the rules and doesn't treat the people living there right, this bill lets those people or their families take the nursing home to court. If they win, the nursing home has to pay them money for the harm they caused, and also pay for their lawyers. It also lets the state's health department step in to make sure nursing homes are following all the rules.

Who & Where It Applies

Impacted groups

Nursing home residentsNursing home facilitiesFamilies of nursing home residentsAttorneysDepartment 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 nursing home residents and their families to hold facilities accountable for abuse, neglect, or rights violations through private lawsuits.
Allows for the recovery of punitive damages and attorney's fees, ensuring that low-income individuals can afford legal representation to fight against well-funded corporate nursing homes.
Strengthens state oversight by explicitly authorizing the Department of Health to take legal action to enforce patient rights and regulations.
May lead to increased liability insurance costs for nursing homes, which could be passed on to residents or result in underfunded facilities cutting staff or services.
Does not explicitly allocate new government funding or resources to the Department of Health to ensure they can effectively pursue these enforcement actions.
Relies heavily on the judicial system for enforcement, which can still be a slow and stressful process for elderly or disabled patients seeking immediate relief.

For Conservatives

Empowers individuals and their families to seek justice independently through the courts rather than relying solely on government regulatory agencies.
Protects the contract and individual rights of nursing home residents by ensuring facilities face consequences for failing to meet their obligations.
Incentivizes nursing homes to improve their quality of care and strictly follow the law to avoid costly litigation and punitive damages.
Creates a new private cause of action that could lead to a surge in costly, frivolous lawsuits against nursing home businesses.
Mandates the payment of plaintiff's attorney's fees and allows for punitive damages, which could financially devastate healthcare facilities and drive up the cost of care.
Expands the regulatory and enforcement power of the state Department of Health, potentially leading to government overreach against private healthcare businesses.

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.