Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.4 - General Requirements for Licensure and Certificate of Need Requirements

Current through June 14, 2024
17.4.1
General Requirements
A. No person acting alone or jointly with any
				  other person, shall establish, conduct or maintain a home nursing care provider
				  or home care provider in Rhode Island without a license in accordance with the
				  requirements of R.I. Gen. Laws §
											23-17-4 and in conformity with this Part.
				  Provided, however, that any person, firm, corporation or other entity which
				  provides volunteer registered and licensed practical nurses to the public shall
				  not be required to have a license as a health care facility.
B. A certificate of need is required as a
				  precondition to the establishment and initial licensure of any home nursing
				  care provider or home care provider and such other activities in accordance
				  with Part 22 of this Subchapter, Determination of Need for New Health Care
				  Equipment and New Institutional Health Care Services.
1. Any certificate of need required as a
				  precondition to the establishment and initial licensure or any change in owner,
				  operator, or lessee of a licensed home nursing care provider or home care
				  provider shall require prior review by the Health Services Council and approval
				  of the licensing agency in accordance with §§ 17.2.2(C) and (E) of
				  this Part, as a condition precedent to the issuance, transfer, or assignment of
				  a new license.
C. No
				  facility shall hold itself or represent itself as a home nursing care provider
				  or home care provider or use the term "home nursing care provider or home care
				  provider", "home health care provider" or other similar term in its
				  advertising, publicity or any other form of communication, unless licensed as a
				  home nursing care provider or home care provider in accordance with the
				  provisions of this Part.
1. Any person
				  establishing, conducting, managing, or operating any home nursing care provider
				  or home care provider without a license shall be fined not more than five
				  thousand dollars ($5,000.00) or imprisoned not more than one (1) year or both,
				  in the discretion of the court, for each offense.
D. Each home nursing care provider or home
				  care provider that maintains a branch office shall disclose to the licensing
				  agency the location of their records (i.e., central office or branch office).
				  At a minimum, all clinical records shall be maintained at the branch office for
				  those patients served by the branch office.
E. Financial Interest Disclosure
1. Any health care facility licensed pursuant
				  to R.I. Gen. Laws Chapter 23-17 which refers clients/patients to another such
				  licensed health care facility or to a residential care/assisted living facility
				  licensed pursuant to R.I. Gen. Laws Chapter 23-17.4, 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 in writing the following information
				  to the client/patient:
a. That the referring
				  entity has a financial interest in the facility or provider to which the
				  referral is being made;
b. That the
				  patient/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 patient/client.
2. The referring entity shall also offer the
				  patient/client a written list prepared by the Department of all such
				  alternative licensed and/or certified facilities or providers. Said written
				  list may be obtained by contacting:
Rhode Island Department of Health Center for Health
					 Facilities Regulation (CHFR)
Capitol Hill, Room 306
Providence, RI 02908
F. Non-compliance with §§
				  17.4.1(E)(1) and (2) of this Part 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 R.I. Gen. Laws Chapter 23-17.10.