reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-8.1. - Curtailment of activities.

§ 23-17.4-8.1. Curtailment of activities.
Whenever the director determines that an assisted living residence for adults licensed under this chapter is not being operated in conformance with all of the requirements established under this chapter, the director may, in lieu of suspension or revocation of the license of the facility, order the licensee to admit no additional individual to the facility, to transfer all or some of the residents occupying the facility to other suitable accommodations, or to take any other corrective action necessary to secure compliance with the requirements established under this chapter. Notice of the order and the subsequent hearing as may be scheduled shall comply with the requirements of procedural due process stipulated in § 23-17.4-8. The director may act pursuant to this section only in those instances in which the director determines that the continued operation of the facility will not result in undue hardship to its occupants.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-9. - Judicial review of license action.

§ 23-17.4-9. Judicial review of license action.
Any person who has exhausted all administrative remedies available to him or her within the licensing agency and who is aggrieved by a final decision of the licensing agency, is entitled to judicial review in accordance with the provisions of §§ 42-35-15 and 42-35-16.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-10. - Regulations, inspections, and investigations.

§ 23-17.4-10. Regulations, inspections, and investigations.
(a)
The licensing agency shall after public hearing pursuant to reasonable notice, adopt, amend, promulgate, and enforce any rules, regulations, and standards with respect to assisted-living residences for adults licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate living environments for individuals in assisted-living residences in the interest of public safety and welfare. These regulations may provide for the establishment of levels of service provided by the residence.
(b)
The licensing agency shall make or cause to be made any inspections and investigations that it deems necessary by duly authorized agents of the director at any time and frequency determined by the licensing agency. The licensing agency shall establish regulations to determine the frequency of inspections that shall include, but not be limited to, the residence’s past compliance with regulations, complaint investigations, quality of care issues and license type. However, the licensing agency shall, on a biennial basis, conduct an unannounced, on-site inspection of all licensed assisted-living residences. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all assisted-living inspections to be conducted, in whole or in part, on nights and/or weekends.
(c)
Upon request of the licensing agency, health agencies and professionals may share resident health status information with the department of health for the purpose of determining each resident’s capability of self preservation.
(d)
Each assisted-living residence licensed under this chapter shall have a plan for preventing the hazards of residents wandering from the facility. This plan shall be submitted to the licensing agency in a format determined by the director.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2; P.L 1992, ch. 411, § 1; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1; P.L. 2004, ch. 387, § 2; P.L. 2006, ch. 541, § 1; P.L. 2006, ch. 550, § 1; P.L. 2017, ch. 203, § 2; P.L. 2017, ch. 267, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-10.1. - Quality assurance.

§ 23-17.4-10.1. Quality assurance.
Each assisted living residence shall develop, implement and maintain a documented, ongoing quality assurance program.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-10.2. - Penalty for violation of § 23-17.4-10.

§ 23-17.4-10.2. Penalty for violation of § 23-17.4-10.
Every person or corporation who shall willfully and continually violate the provisions of this chapter will be subject to a fine of not less than three hundred dollars ($300) nor more than two thousand dollars ($2,000) for each violation of this section.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-10.3. - Informal dispute resolution process.

§ 23-17.4-10.3. Informal dispute resolution process.
(a)
The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the licensing agency during an inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the licensing agency.
(b)
The informal dispute resolution process provided by the licensing agency shall include an opportunity for review by a licensing agency employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute.
(c)
A request for an informal dispute resolution shall be made to the licensing agency within ten (10) business days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. Thereafter, the licensing agency shall convene a meeting with the licensee within ten (10) business days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
(d)
If the licensing agency determines that a violation or enforcement remedy should not be cited or imposed, the licensing agency shall delete the violation or immediately rescind or modify the enforcement remedy. If the licensing agency determines that a violation should have been cited under a different more appropriate regulation, the licensing agency shall revise the report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(e)
The licensee shall submit to the licensing agency, within the time period prescribed by the licensing agency, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.
(f)
The licensing agency shall promulgate regulations implementing the informal dispute resolution process established in this section no later than January 1, 2024.
History of Section.
P.L. 2023, ch. 352, § 1, effective June 26, 2023; P.L. 2023, ch. 353, § 1, effective June 26, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-11. - Accessibility to assisted living residences and residents.

§ 23-17.4-11. Accessibility to assisted living residences and residents.
Access to an assisted living residences for adults and its residents by individuals other than relatives and friends of the residents shall be permitted at reasonable hours by duly authorized agents of state and municipal agencies other than the licensing agency and the division of fire safety, private or public institutions, organizations, associations, or any other service agencies whose purpose includes discharging legally authorized responsibilities or rendering volunteer assistance or service to residents with respect to personal, social, legal, religious services, or such other as civil and human rights. Access shall not substantially disrupt the operation of the facility. Anyone entering the facility shall produce appropriate identification prior to being granted permission to enter the premises. Entering a resident’s room and visitation privileges with residents by these persons shall be subject to the provisions of § 23-17.4-16 and the rules and regulations promulgated pursuant to this chapter.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-12. - Obtaining access under false pretenses.

§ 23-17.4-12. Obtaining access under false pretenses.
Any person who shall obtain access to an assisted living residence for adults or to its residents under false representation of purpose or identification shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned not more than six (6) months, or both, in the discretion of the court for each offense.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-13. - Variance authority.

§ 23-17.4-13. Variance authority.
The licensing agency may grant a variance from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of the provision will result in unnecessary hardship to the applicant, and that the variance will not be contrary to the public interest and the health and safety of residents.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-14. - Penalty for operation of unlicensed assisted living residence.

§ 23-17.4-14. Penalty for operation of unlicensed assisted living residence.
Any person establishing, conducting, managing, or operating an assisted living residence for adults without a license under this chapter or who shall operate the facility after revocation or suspension of a license or after an order to curtail any or all activities, shall be liable to a penalty of one thousand dollars ($1,000) for each day of operation in violation.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1990, ch. 70, § 1; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15. - Injunction to restrain operation without license.

§ 23-17.4-15. Injunction to restrain operation without license.
Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of an assisted living residence without a license under this chapter.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.1. - Prohibition on placement into unlicensed assisted living residences and reporting requirements.

§ 23-17.4-15.1. Prohibition on placement into unlicensed assisted living residences and reporting requirements.
(a)
No public agency employee shall place, refer, or recommend placement of a person into an assisted living residence that is operating without a license.
(b)
Any public agency employee who knows that an assisted living residence is operating without a license shall report the name and address of the home to the licensing agency.
(c)
The licensing agency shall investigate any report filed under subsection (b). If the agency has probable cause to believe that an assisted living residence is operating without a license, it shall conduct an inspection as provided in § 23-17.4-10.
History of Section.
P.L. 1990, ch. 70, § 3; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.1.1. - Administrator requirements.

§ 23-17.4-15.1.1. Administrator requirements.
(a)
Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of the residence at all times by competent and appropriate employee(s).
(b)
The licensing agency shall perform a criminal background records check on any person applying or reapplying for certification as an administrator. If disqualifying information is found, the licensing agency shall make a judgment regarding certification for that person.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.2. - Administrator requirements.

§ 23-17.4-15.2. Administrator requirements.
(a)
Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of the residence at all times by competent and appropriate employee(s).
(b)
The licensing agency shall perform a criminal background records check on any person applying or reapplying for certification as an administrator. If disqualifying information is found, the licensing agency shall make a judgment regarding certification for that person.
(c)
The department may suspend or revoke the certification of an administrator for cause, including but not limited to failure to maintain compliance with the qualifications stated in this section, repeated or intentional violations of this chapter or regulations, or conviction (including but not limited to a plea of nolo contendere) to charges of resident abuse under the provisions of chapter 17.8 of this title, or a conviction of a felony, or exploitation.
(d)
The director shall establish fees for licensure application and licensure renewal as set forth in § 23-1-54.
History of Section.
P.L. 1990, ch. 70, § 3; P.L. 1991, ch. 240, § 2; P.L 1992, ch. 411, § 1; P.L. 1994, ch. 91, § 2; P.L. 1998, ch. 372, § 1; P.L. 1998, ch. 388, § 1; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1; P.L. 2012, ch. 241, art. 9, § 41.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.3. - Resident records.

§ 23-17.4-15.3. Resident records.
Each residence shall at a minimum maintain the following information for each resident:
(1)
The resident’s name;
(2)
The resident’s last address;
(3)
The name of the person or agency referring the resident to the home;
(4)
The name, specialty (if any), telephone number, and emergency telephone number of each physician who has treated the resident during the preceding twelve (12) months;
(5)
The date the resident began residing in the home;
(6)
A list of medications taken by the resident including the dosage;
(7)
Written acknowledgements that the resident has received copies of the rights as provided in § 23-17.4-16;
(8)
A record of personal property and funds that the resident has entrusted to the facility;
(9)
Information about any specific health problems of the resident that may be useful in a medical emergency;
(10)
The name, address, and telephone number of a person identified by the resident who should be contacted in the event of an emergency or death of the resident;
(11)
Any other health-related emergency, or pertinent information which the resident requests the residence to keep on record;
(12)
Specific records of medication administration as required by the licensing agency; and
(13)
Copies of the resident agreement, initial and periodic assessments and service plan(s).
History of Section.
P.L. 1990, ch. 70, § 3; P.L. 1992, ch. 411, § 1; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.4. - Medication and staff qualifications.

§ 23-17.4-15.4. Medication and staff qualifications.
(a)
Assisted living residence unlicensed staff shall be permitted to assist residents in the self administration of medication including:
(1)
Assistance with ordering medications.
(2)
Assistance with self-storage of medications.
(3)
Assistance with self-administration.
(4)
Maintenance of records.
(b)
Appropriately licensed staff may store and administer medications and monitor health indicators including blood pressures, adverse reactions, and glucose levels.
(c)
The director may establish staffing requirements for those facilities providing medication services.
History of Section.
P.L. 1992, ch. 411, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.6. - Assessments.

§ 23-17.4-15.6. Assessments.
(a)
Prior to the admission of a resident, or the signing of a residency agreement with a resident, the administrator shall have a comprehensive assessment of the resident’s health, physical, social, functional, activity, and cognitive needs and preferences conducted by a registered nurse. This assessment shall be used to determine if the resident’s needs and preferences can be met by the assisted living residence and the conclusions shall be shared with the resident or the resident’s representative. If a reasonable accommodation can enable a resident to live in an assisted living residence, the nature of that accommodation and a plan for implementation or reason for denial should be included in an assessment.
(b)
The assessment shall be reviewed and updated on a periodic basis and each time a resident’s condition changes significantly. In case of an emergency admission, the required assessment shall take place within five (5) working days.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.7. - Service plans.

§ 23-17.4-15.7. Service plans.
(a)
Within a reasonable time after move-in, the administrator shall be responsible for the development of a written service plan based on the initial assessment. The service plan shall include at least:
(1)
The services and interventions needed;
(2)
Description, frequency and duration of the service or intervention; and
(3)
Party responsible for arranging the service.
(b)
The service plan shall be developed by a qualified person and shall be signed by both parties. The service plan shall be reviewed by both parties periodically and each time a resident’s condition changes significantly and all changes shall be acknowledged in writing by both parties.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.8. - Staff.

§ 23-17.4-15.8. Staff.
(a)
The administrator shall be responsible for ensuring sufficient and qualified staff to provide a safe and healthy environment and to provide the services specified on each resident’s service plan. The department shall establish requirements for staff qualifications and training for each level of license.
(b)
The requirements for dementia care units shall include staff training on dementia care issues and practices as follows:
(1)
All staff of dementia-level licensed residences that have direct contact with residents shall have four (4) hours of initial training on dementia-care issues and practices and two (2) hours of continued education annually thereafter.
(2)
Training on dementia care issues and practices provided and documented at any licensed assisted living residence or nursing facility or by an entity authorized to provide continuing education credits may be counted toward meeting these requirements. At least one qualified awake and on duty staff person shall be on the premises at all times.
(c)
The requirements for residences that provide limited health services shall include staff training on limited health services care issues and practice as follows:
(1)
All staff delivering direct service with residents for limited health services in assisted living residences shall have initial training on delivering limited health service care and practice of continued education as determined through rules and regulations promulgated by the department of health.
(2)
Training on limited health service issues and practices provided and documented at any assisted living residence or nursing facility or by an entity authorized to provide continuing education credits as determined through rules and regulations promulgated by the department of health.
(3)
Staff delivering limited health services shall be supervised in accordance with subdivision 23-17.4-2(11) and all provisions of this chapter, with the specialized knowledge, judgment and skills related to the delivery of limited health services twenty-four (24) hours a day seven (7) days a week as determined through rules and regulations promulgated by the department of health.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3; P.L. 2006, ch. 541, § 1; P.L. 2006, ch. 550, § 1; P.L. 2013, ch. 294, § 1; P.L. 2013, ch. 379, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-15.9. - Activities.

§ 23-17.4-15.9. Activities.
The department shall establish requirements for recreational and other activities for each level of license.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.1. - Posting and providing a copy of rights of residents.

§ 23-17.4-16.1. Posting and providing a copy of rights of residents.
Each residence shall provide each resident or his or her representative upon admission a copy of the provisions of § 23-17.4-16, “Rights of Residents”, and shall display in a conspicuous place on the premises a copy of the “Rights of Residents”.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 316, § 3; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.2. - Special care unit and limited health services disclosure by residences.

§ 23-17.4-16.2. Special care unit and limited health services disclosure by residences.
(a)
Any assisted-living residence that offers to provide or provides services to residents with Alzheimer’s disease or other dementia by means of an Alzheimer’s special care unit and/or limited health services shall be required to disclose the type of services provided, in addition to those services required by the rules and regulations for the licensing of assisted-living residences. Disclosures shall be made to the licensing agency and to any person seeking placement in an Alzheimer’s special care unit and/or any person receiving limited health services from an assisted-living residence. The information disclosed shall explain that additional care is provided in each of the following areas:
(1) Philosophy.
The Alzheimer’s special care unit and/or delivery of limited health services shall develop a written statement of its overall philosophy and mission that reflects the needs of residents afflicted with dementia and/or needing limited health services.
(2) Pre-occupancy, occupancy, and termination of residence.
The process and criteria for occupancy, transfer, or termination of residency from the unit and/or the termination of limited health services.
(3) Assessment, service planning, and implementation.
The process used for assessment and establishing the plan of service and its implementation, including the method by which the plan of service evolves and is responsive to changes in condition.
(4) Staffing patterns and training ratios.
Staff training and continuing education practices.
(5) Physical environment.
The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents.
(6) Resident activities.
The frequency and types of resident activities.
(7) Family role in providing support and services.
The involvement in families and family support programs.
(8) Program costs.
The cost of care and any additional fees.
(b)
The licensing agency shall develop a standard disclosure form and shall review the information provided on the disclosure form by the residential care and assisted-living facility to verify the accuracy of the information reported on it. Any significant changes in the information provided by the residential care and assisted-living facility will be reported to the licensing agency at the time the changes are made.
(c)
Upon completion of the disclosures required pursuant to this section, a person who does not otherwise meet the requirements for the special care unit or program may choose to reside in the unit or area in accordance with § 23-17.4-16.
History of Section.
P.L. 1993, ch. 237, § 4; P.L. 1993, ch. 264, § 4; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1; P.L. 2013, ch. 294, § 1; P.L. 2013, ch. 379, § 1; P.L. 2019, ch. 172, § 1; P.L. 2019, ch. 213, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.3. - Residency agreement or contract.

§ 23-17.4-16.3. Residency agreement or contract.
(a)
Prior to exchange of any funds and prior to admission, except as provided in subsections (c) and (d) herein, the residence shall execute a residency agreement or contract, signed by both the residence and the resident, that defines the services the residence will provide and the financial agreements between the residence and the resident or the residence’s representative.
(b)
The department shall establish regulations specifying the minimum provisions of residency agreements or contracts and a minimum prior notification time for changes in rates, fees, service charges or any other payments required by the residence.
(c)
Any advanced deposit, application fee, or other pre-admission payment shall be subject to a signed document explaining fully the terms of the payment and the residence’s refund policy.
(d)
In cases of emergency placement, the residency agreement or contract shall be executed within five (5) working days of admissions.
History of Section.
P.L. 2000, ch. 163, § 1; P.L. 2000, ch. 448, § 1; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1; P.L. 2004, ch. 86, § 1; P.L. 2004, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.4. - Heat relief.

§ 23-17.4-16.4. Heat relief.
Any assisted living residence which does not provide air conditioning in every resident lodging unit shall provide an air conditioned room or rooms in a residential section or sections of the facility to provide relief to residents when the outdoor temperature exceeds eighty (80) degrees Fahrenheit.
History of Section.
P.L. 2000, ch. 243, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.5. - Disclosure.

§ 23-17.4-16.5. Disclosure.
Each assisted living residence shall disclose certain information about the residence to each potential resident, the resident’s interested family, and the resident’s agent as early as practical in the decision-making process and at least prior to the admission decision being made. The disclosed information shall be in print format and shall include at a minimum:
(1)
Identification of the residence and its owner and operator;
(2)
Level of license;
(3)
Admission and discharge criteria;
(4)
Services available;
(5)
Financial terms to include all fees and deposits, including any first month rental arrangements, and the residence’s policy regarding notification to tenants of increases in fees, rates, services and deposits;
(6)
Terms of the residency agreement.
(7)
Policy regarding acceptance of state and federal reimbursement programs.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3; P.L. 2006, ch. 541, § 1; P.L. 2006, ch. 550, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-16.6. - Posting of license and reports.

§ 23-17.4-16.6. Posting of license and reports.
Every assisted living residence licensed pursuant to this chapter shall display in a conspicuous public area of the residence the following information:
(1)
A copy of the assisted living residence license that identifies the level of license and names of the owner and operator;
(2)
The name and contact information for the current administrator;
(3)
The address and telephone number of the division within the health department that will accept complaints or notice of violations of the sections in this chapter; and
(4)
A copy of the latest report showing results of the annual state licensing survey.
History of Section.
P.L. 2014, ch. 60, § 1; P.L. 2014, ch. 64, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-17. - Facilities to which provisions inapplicable.

§ 23-17.4-17. Facilities to which provisions inapplicable.
The provisions of this chapter shall not be construed to apply to facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, department of children, youth, and families, or institutions operated, or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts, or health care facilities licensed by the department of health pursuant to chapter 17 of this title.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-18. - Restriction of public assistance payments.

§ 23-17.4-18. Restriction of public assistance payments.
No officer or agent of any municipal or state agency having responsibility for making payments of any form of public assistance under the provisions of applicable federal and state law shall make the payment to or on behalf of an individual residing in an assisted living residence for adults as defined in § 23-17.4-2, upon notification from the licensing agency, that the facility does not qualify for licensure pursuant to this chapter. The department of human services will notify the licensing agency on an annual basis of all addresses where two (2) or more supplemental security income recipients reside.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-19. - Power of enforcement.

§ 23-17.4-19. Power of enforcement.
The director of the department of health shall have the power to enforce the provisions of this chapter.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-20. - Severability.

§ 23-17.4-20. Severability.
If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-21.1. - Assisted living administrator certification board.

§ 23-17.4-21.1. Assisted living administrator certification board.
(a)
Within the department there is established an assisted living administrator certification board to be appointed by the director of health with the approval of the governor consisting of seven (7) members as follows: two (2) members of the board are persons with at least five (5) years experience in operating an assisted living residence; one member of the board is an active assisted living administrator who is not an assisted living owner; two (2) members are persons representing assisted living consumers or family members; and two (2) members are representatives of the assisted living industry or are assisted living employees.
(b)
Members shall be appointed to three (3) year terms. No member shall serve for more than two (2) terms. The director, with the approval of the governor, shall appoint all vacancies, as they occur for the remainder of a term or until a successor is appointed.
(c)
The director may remove, after a hearing and with the approval of the governor, any member of the board for neglect of any duty required by law or for any incompetency, unprofessional or dishonorable conduct. Before beginning a term, a member shall take an oath prescribed by law for state officers, a record of which shall be filed with the secretary of state.
(d)
The director shall appoint a chairperson.
(e)
Four (4) members of the board shall constitute a quorum.
(f)
The board shall serve without compensation.
(g)
Meetings of the board shall be called by the director or the director’s designee, or a majority of the board members.
(h)
The director shall provide for a staff person of the department to serve as an administrative agent for the board.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-21.2. - Functions of the department of health.

§ 23-17.4-21.2. Functions of the department of health.
It is the function of the department of health to:
(1)
Develop, impose, and enforce standards which must be met by individuals in order to receive a certificate as an assisted living administrator. These standards are designed to insure that assisted living administrators will be individuals who are of good character and are suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators;
(2)
Establish and carry out procedures designed to insure that individuals certified as assisted living administrators will, during any period that they serve as assisted living administrators, comply with the requirements of those standards;
(3)
Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that any individual certified as an assisted living administrator has failed to comply with the requirements of those standards;
(4)
Conduct a continuing study and investigation of assisted living administrators within the state, with a view to improving the standards imposed for the certification of those administrators, and of procedures and methods for enforcing those standards with respect to certified assisted living administrators.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-21.3. - Functions of assisted living certification board.

§ 23-17.4-21.3. Functions of assisted living certification board.
It is the function of the board to:
(1)
Conduct examinations as required by the department and to act in an advisory capacity to the department in all matters pertaining to the certification of assisted living administrators;
(2)
Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets those standards, subject to the approval of the director;
(3)
Recommend to the department the issuance of licenses and registrations to individuals determined, after application of those techniques, to meet those standards; and to recommend to the director the revocation or suspension of licenses or registrations previously issued in any case where the individual holding that license or registration is determined substantially to have failed to conform to the requirements of those standards; and
(4)
Adopt, with the approval of the director of health, rules and regulations governing a mandatory program of continuing education for assisted living administrators.
History of Section.
P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-28. - Prior criminal records checks.

§ 23-17.4-28. Prior criminal records checks.
If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.
History of Section.
P.L. 1991, ch. 368, § 1; P.L. 1992, ch. 407, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-29. - Rules and regulations.

§ 23-17.4-29. Rules and regulations.
The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.
History of Section.
P.L. 1991, ch. 368, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-30. - Disqualifying information.

§ 23-17.4-30. Disqualifying information.
(a)
Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny or felony banking law violations. An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee.
(b)
For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
History of Section.
P.L. 1991, ch. 368, § 1; P.L. 1993, ch. 306, § 4; P.L. 2014, ch. 347, § 5; P.L. 2014, ch. 399, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-31. - Establishment of fees.

§ 23-17.4-31. Establishment of fees.
The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees per licensee plus an additional fee per licensed bed, where applicable, shall be assessed. All fees required in this section shall be as set forth in § 23-1-54.
History of Section.
P.L. 1993, ch. 138, art. 32, § 3; P.L. 2002, ch. 65, art. 13, § 22; P.L. 2007, ch. 73, art. 39, § 31; P.L. 2012, ch. 241, art. 9, § 41.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-32. - Immunity from liability.

§ 23-17.4-32. Immunity from liability.
No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in § 23-17.4-30 or of a criminal background report relating to disqualifying information shall be liable for civil damages or subject to any claim, demand, cause of action or proceeding of any nature as a result of the disqualification.
History of Section.
P.L. 1993, ch. 306, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-33. - Disclosure of financial interest.

§ 23-17.4-33. Disclosure of financial interest.
(a)
Any licensed assisted living residence which refers clients to any health care facility licensed pursuant to chapter 17 of this title or to another assisted living residence licensed pursuant to this chapter or to a certified adult day care program in which the referring entity has a financial interest shall, at the time a referral is made, disclose the following information to the client: (1) that the referring entity has a financial interest in the facility or provider to which the referral is being made; (2) that the client has the option of seeking care from a different facility or provider which is also licensed and/or certified by the state to provide similar services to the client. The referring entity shall also offer the client a written list prepared by the department of all alternative licensed and/or certified facilities or providers.
(b)
Noncompliance with this section shall constitute grounds to revoke, suspend or otherwise discipline the licensee or to deny an application for licensure by the director, or may result in imposition of an administrative penalty in accordance with chapter 17.10 of this title.
History of Section.
P.L. 1997, ch. 103, § 1; P.L. 1997, ch. 162, § 2; P.L. 1998, ch. 373, § 2; P.L. 1998, ch. 396, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-34. - Name change.

§ 23-17.4-34. Name change.
Wherever in the general or public laws there appear the words “residential care and assisted living facility,” it shall now read, “assisted living residence.”
History of Section.
P.L. 2000, ch. 163, § 1; P.L. 2000, ch. 448, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-35. - Assisted living assessment and disclosure for residents on probation or parole.

§ 23-17.4-35. Assisted living assessment and disclosure for residents on probation or parole.
The licensing agency shall establish regulations to require each licensed assisted living residence, as part of the initial resident admission and assessment process, to review and consider any notice provided to the residence as required in subsection 42-56-10(23) concerning the resident’s or prospective resident’s status on parole and recommendations, if any, regarding safety and security measures.
History of Section.
P.L. 2006, ch. 540, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.4 - Assisted Living Residence Licensing Act › Section 23-17.4-36. - Retaliation prohibited.

§ 23-17.4-36. Retaliation prohibited.
No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a residence by the residence; nor against any guardian or family member of any resident; nor against any resident of the residence; nor against any volunteer or any other person for any communication by him or her to the department involving information given or disclosed by him or her in good faith regarding a violation of this chapter.
History of Section.
P.L. 2006, ch. 541, § 2; P.L. 2006, ch. 550, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-1. - Condition of admission.

§ 23-17.5-1. Condition of admission.
As part of the procedure for admission of a patient to a nursing home, as defined in chapter 17 of this title, a written contract shall be entered into between the patient or the patient’s next of kin or legal representative, and the nursing home.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-2. - Care of patient.

§ 23-17.5-2. Care of patient.
Each patient shall be treated and cared for with consideration, respect, and dignity, and shall be afforded his or her right to privacy to the extent consistent with providing adequate medical care and with efficient administration.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-3. - Physician.

§ 23-17.5-3. Physician.
Each patient shall have the right to choose his or her own physician.
History of Section.
P.L. 1978, ch. 235, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.5 - Rights of Nursing Home Patients › Section 23-17.5-4. - Rules of nursing homes.

§ 23-17.5-4. Rules of nursing homes.
Each patient or his or her representative shall be provided with a copy of this chapter and shall be fully informed, as evidenced by the patient’s or his or her representative’s written acknowledgment, prior to or at the time of admission or during stay, of all rules and regulations and policies pertaining to the rights of patients, and governing patient conduct and responsibilities. Notice shall be provided immediately to a patient’s legal guardian or a person who holds a power of attorney from the patient, or in the event the patient has no legal guardian or agent designated in the power of attorney for health care, then a person designated by the patient to be notified in case of emergencies, if there is an injury to the patient that required the attention of physician.
History of Section.
P.L. 1978, ch. 235, § 1; P.L. 1991, ch. 316, § 2; P.L. 2001, ch. 392, § 1.