reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.13 - Monitoring and Auditing

Current through June 14, 2024
A. The Department
				 shall make or cause to be made such inspections and investigations that it
				 deems necessary, in accordance with the Department rules and regulations.
1. Authorized persons from the Department
				 shall have free access to the grounds, buildings, and all books and records
				 relating to any Organization.
2.
				 The Department shall be entitled to receive from all persons connected in any
				 way with the Organization, such information and assistance for any examination
				 or inquiry as the Department may require.
3. The Department shall investigate
				 complaints regarding potential violations of licensing regulations.
				 Organizations shall cooperate fully with any complaint investigation.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.14 - Plans of Correction

Current through June 14, 2024
A. The Department
				 shall notify the Executive Director or other Organization legal authority of
				 violations of any Subchapter of this Chapter through a notice of deficiencies
				 which shall be sent to the Organization, unless the Department determines that
				 immediate action is necessary to protect the health, welfare, or safety of the
				 public (or any member thereof) through the issuance of an immediate Compliance
				 Order.
B. If the Department rejects
				 the plan of correction, or if the Organization does not provide a plan of
				 correction within the stipulated period, or if the Organization whose plan of
				 correction has been approved by the Department fails to execute its plan within
				 a reasonable time, as determined by the Department, the Department may invoke
				 the sanctions enumerated herein.
C.
				 The Organization that receives a notice of deficiencies must submit a plan of
				 correction, which shall include time frames for completion, to the Department
				 within thirty (30) days of the date the Organization receives notice of the
				 deficiencies. The plan of correction may include any requests for variances in
				 accordance with the Variance Procedures requirements. The plan shall include
				 evidence of compliance for each resolution or a plan for how evidence will be
				 presented upon resolution.
1. Upon request
				 from the Department, the provider shall submit a Plan of Correction in a time
				 frame that is less than thirty (30) days.
2. An amended plan of correction shall be
				 submitted if the Department determines that the initial submission is
				 insufficient to address the deficiencies. The amended plan of correction must
				 be submitted to the Department within ten (10) business days of the date of the
				 Organization's receipt of the request for an amended plan of correction.
a. An immediate Compliance Order shall
				 identify violations of the applicable licensing standards and instruct the
				 Organization to immediately comply with such order. A copy of the compliance
				 order shall be maintained in the agency record file of the Licensing
				 Office.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.15 - Variances

Current through June 14, 2024
A. An Organization may apply for a
				 variance.
B. A variance, at the
				 discretion of the Department, may be granted if it is determined that the
				 variance does not adversely impact the health, safety or welfare of individuals
				 receiving services.
C. The
				 Organization shall also demonstrate how meeting the regulation as written will
				 cause undo harm.
D. The request for
				 variance should be sent to the Department's Office of Licensure and Standards
				 in writing with an explanation of the Organization's intent to meet the spirit
				 of the regulation being varied and/or its intent over time to meet the stated
				 regulation as written.
E. The
				 regulation may not be varied by the Organization until the Organization has
				 received written approval from the Department.
F. No provision or procedure prescribed by
				 state or federal statute shall be waived.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.16 - Operation of Unlicensed Agency

Current through June 14, 2024
Operation of an unlicensed agency may be fined in
					 accordance with R.I. Gen. Laws §
										40.1-24-14.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.18 - Quality Performance/Improvement and Individual Satisfaction

Current through June 14, 2024
A. All Organizations shall have written
				 policies and procedures for assessing individual satisfaction with services and
				 supports received, individual choice regarding services received, and
				 individual involvement in monitoring and directing the provision of
				 services.
B. The Organization shall
				 have an effective, ongoing, Organization-wide quality performance/improvement
				 program to evaluate the provision of services and supports to individuals that
				 addresses the quality requirements of the BHO and DDO regulations.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.19 - Program Documentation Requirements

Current through June 14, 2024
A. All records,
				 entries and documentation required by these regulations shall be:
1. Prepared at the time, or immediately
				 following, the event being recorded;
2. Accurate and contain no willful
				 falsifications;
3. Legible, dated,
				 and signed by the person making the entry; and
4. Maintained in accordance with EOHHS
				 Records Retention requirements pursuant to R.I. Gen. Laws §
											38-3-6(a)(c)(k)(1).
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.21 - Personnel

Current through June 14, 2024
A. Basic Personnel Policies and Procedures
1. The Organization shall have and shall
				 implement personnel policies and procedures that:
a. Comply with all applicable state and
				 federal statutes, rules, and regulations regarding non-discrimination in
				 employment practices.
b. Include
				 language for conducting reference, employment, and background checks from the
				 BCI and NCIC within the Office of the Attorney General.
c. Exclude the employment and/or volunteering
				 of any person who has been convicted of child abuse or of a felony for sexual
				 or physical assault including all consultants and/or contractors.
d. Require employees to report to the
				 Organization any changes in the status of their criminal background checks
				 subsequent to their being hired by the Organization.
e. Provide for any fringe benefits provided
				 to full time and part time employees and any reimbursement procedures (as
				 applicable and appropriate).
f.
				 Address suspension, increased supervision, or other appropriate disciplinary
				 employment procedures.
g. Provide
				 written job descriptions that include minimal qualifications for each position,
				 major duties, responsibilities, reporting supervisors and positions
				 supervised.
h. Include a process
				 for evaluating the job performance of each staff member at the end of his or
				 her initial training period and annually thereafter.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.22 - Physical Environment Requirements for Licensed Physical Entities

Current through June 14, 2024
A. The Organization shall ensure that all the
				 locations where services are provided are accessible to meet the needs of
				 people receiving services from the Organization and designed to protect the
				 health and safety of all persons. The Organization shall also ensure that all
				 the locations where services are provided are clean, sanitary, in good repair,
				 free from accumulation of combustible debris and waste material, and free from
				 offensive odors and insects.
B
				 Reasonable accommodations shall be made available to all individuals living in
				 residential settings, including but not limited to the following:
1. the provision of specialized safety
				 equipment such as irons, toasters, coffee pots, and other equipment that shut
				 off when unattended;
2. an
				 accessible working telephone;
3.
				 any other such services or equipment deemed necessary to assist individuals;
				 and/or,
4. with maximizing
				 independence and living successfully within the home.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.23 - Community Residence; Additional Physical Environment Requirements

Current through June 14, 2024
A. The interior and exterior of a community
				 residence shall be kept free of litter, garbage and refuse.
B. The exterior of a community residence
				 shall be maintained and kept neat with regular yard work performed as
				 appropriate to the season, including, but not limited to, mowing the lawn,
				 raking the leaves, and snow removal.
C. All measures necessary shall be taken to
				 prevent the entry of and to eradicate the presence of rodents, flies,
				 mosquitoes and other insects at community residences.
D. All well water sources at a community
				 residence shall be tested every three (3) years.
E. Septic tanks or other private sewage
				 disposal systems at community residences shall be in good working
				 order.
F. The water temperature
				 shall not exceed one hundred and twenty (120) degrees Fahrenheit.
G. All heating and cooling devices in a
				 community residence shall be installed in accordance with current building
				 codes and maintained in good working order.
H. Handrails shall be provided on all
				 stairways in a community residence in accordance with any and all federal and
				 state statutes and regulations.
I.
				 All furniture shall be clean and in good repair.
J. Bedroom furniture shall be provided in a
				 community residence for each individual and shall include:
1. A bed, including a frame unless otherwise
				 documented by a clinical team decision, a clean comfortable mattress, a
				 waterproof mattress cover, if the individual is incontinent, and a
				 pillow;
2. A private dresser or
				 similar storage area for personal belongings that is readily accessible to the
				 individual;
3. A closet or similar
				 storage area for clothing that is readily accessible to the
				 individual;
4. Individuals have the
				 freedom to furnish sleeping or living units within the lease or other
				 agreements;
5. Sufficient supply of
				 personal linens.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.24 - Nutrition

Current through June 14, 2024
A. Foods shall be served in a form consistent
				 with the individuals' needs and provide opportunities for choice in food
				 selection. The Organization will ensure that there is adequate food available
				 at any time, that it is stored appropriately, that it reflects individual
				 preferences and needs. In the case of DDO, for individuals with physician or
				 health care provider ordered modified or special needs diets, plans shall be
				 annually reviewed and contained in the ISP.
B. Adequate supplies of staple foods for a
				 minimum of one (1) week and perishable foods for a minimum of two (2) days
				 shall be maintained on the premises.
C. Food shall be stored, prepared and served
				 in a sanitary manner.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.25 - Safety

Current through June 14, 2024
1.25.1
Transportation
A. Organizations, including employees and
				 volunteers, who own or operate vehicles that transport individuals, shall:
1. Maintain the vehicles in safe operating
				 condition. All vehicles utilized by employees of the Organization to transport
				 individuals shall have a current vehicle inspection sticker from the state
				 where the car is registered.
2.
				 Comply with Division of Motor Vehicles laws, rules and regulations;
3. Maintain or assure insurance coverage
				 including liability, on all vehicles and all authorized drivers;
4. Carry a stocked first aid kit in agency
				 vehicles used to transport individuals:
5. The Organization shall be responsible for
				 ensuring that only properly licensed drivers operate Organization vehicles or
				 use their own personal vehicles to transport individuals.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.1 - Authority, Purpose, and Applicability

Current through June 14, 2024
A. These
				 regulations are promulgated pursuant to the authority conferred under R.I. Gen.
				 Laws §§
										23-17.8-9(6),
				  40.1-1-13(a)(12),
				  40.1-2-2,
				  40.1-21-12,
				  40.1-22-4,
				  40.1-24-9,
				  40.1-24.5-2(c),
				  40.1-26-11, and
				  40.1-27-3(6).and
				 are established for the purpose of adopting prevailing standards for the
				 licensure and operation of facilities and programs providing rehabilitation,
				 support, and guidance for individuals with developmental disabilities or
				 cognitive disabilities.
B. It the
				 expectation of the Department that each person's array of supports and services
				 be customized to meet the individual needs and desires in the least restrictive
				 environment.
C. These Rules and
				 Regulations apply to any licensed developmental disability organization under
				 Subchapter 10 Part 1 of this Chapter.
D. These Rules and Regulations do not apply
				 to the following:
1. Health care facilities
				 licensed by the Rhode Island Department of Health pursuant to R.I. Gen. Laws
				 Chapter 23-17;
2. Assisted living
				 facilities licensed by the Rhode Island Department of Health pursuant to R.I.
				 Gen. Laws Chapter 23-17.4;
3.
				 Facilities and programs licensed by the Rhode Island Department of Children,
				 Youth and Families pursuant to R.I. Gen. Laws Chapter 42-72.1;
4. Facilities, programs, or organizations
				 already licensed or certified by any other appropriate state agency, pursuant
				 to R.I. Gen. Laws.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part, the following
				 terms shall be construed to mean:
1. "Abuse"
				 means the treatment or act toward any person with developmental disabilities,
				 as defined in R.I. Gen. Laws §
											40.1-27-1 on the part
				 of anyone, including an employee, intern, volunteer, consultant, contractor,
				 visitor, family member, caregiver, neighbor, citizen or other person with a
				 disability, whether or not the person is or appears to be injured or harmed.
				 The failure to exercise one's responsibility to intercede on behalf of a person
				 receiving services also constitutes abuse. Abuse includes:
a. "Physical abuse" may include, but is not
				 limited to: physical assault, battery and/or actions such as: hitting, kicking,
				 biting, pinching, burning, strangling, shoving, shaking, dragging, yanking,
				 punching, slapping, pulling hair, grabbing or pushing, or using more force than
				 is necessary for the safety of the person.
(1) For incidents involving a caregiver,
				 abuse is defined as the willful subjection of an adult with developmental
				 disabilities to willful infliction of physical pain, willful deprivation of
				 services necessary to maintain physical or mental health, or to unreasonable
				 confinement.
(2) For incidents of
				 physical abuse involving two people with disabilities, only an attack resulting
				 in injury in which one person needs medical care beyond routine first aid or a
				 series of deliberate acts (i.e., hitting, kicking, slapping, pulling hair,
				 etc.) displayed by one person with a disability towards another person with a
				 disability should be reported to the Office of Quality Assurance. Other
				 incidents should be documented and handled by the agency's internal Incident
				 Management Committee.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.3 - Handling and Managing Participants' Money and Benefits

Current through June 14, 2024
1.3.1
Fiduciary Duties for the
				 Management of Participants' Funds
A.
				 The Organization shall have and implement written policies and procedures for
				 the handling and management of participants' money and benefits. Such policies
				 and procedures shall contain provisions related to the following:
1. Allow the participant to manage and have
				 access to his/her own funds and/or benefits unless the ISP annually documents
				 and justifies limitations to self-management;
2. A participant's funds and benefits are to
				 be safeguarded;
3. Participants
				 receive and spend their money and benefits at their direction in consideration
				 of their preferences;
4.
				 Participants are to have access to their money and benefits considering choice
				 and development of skills; and
5.
				 Funds shall be managed in compliance with all federal and state statutes,
				 rules, and regulations.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.4 - Human Rights Committee

Current through June 14, 2024
A. The human rights
				 committee shall have input on all the Organization's policies pertaining to
				 human rights consistent with the provisions of R.I. Gen. Laws §
										40.1-26-4.
B. Members of the human rights committee
				 shall receive training in the areas of human rights and their role as committee
				 members and the role and responsibilities of the Office of Quality Assurance
				 and other state agencies with respect to monitoring or investigating human
				 rights violations.
C.
				 Organizations shall have written policies addressing procedures for informing
				 the human rights committee of any circumstances involving an alleged or
				 possible violation of human rights of any person receiving support or services
				 from the provider.
D. The human
				 rights committee shall be informed of any investigation and shall receive, upon
				 request, copies of final investigation reports from the Organization and/or the
				 Department, including notification of any administrative action taken by the
				 Organization regarding a human rights violation of a participant receiving
				 support or services from the Organization.
E. The human rights committee shall meet a
				 minimum of six (6) times per calendar year. The human rights committee shall
				 keep minutes for each meeting.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.5 - Grievance Procedure

Current through June 14, 2024
A. Every
				 Organization shall establish an accessible grievance procedure.
B. The grievance procedure shall be presented
				 to every participant in a manner consistent with the participant's or
				 applicant's learning style and be conspicuously posted in each Organization.
				 The notice of grievance procedure shall include the name and contact
				 information for Organizations that provide free legal assistance.
C. The participant or advocate shall be
				 entitled to initiate a grievance. It shall be the duty of each Organization to
				 encourage and assist the participant or applicant in exercising his or her
				 rights without threat of discrimination or recrimination.
D. The participant, or advocate, shall
				 initiate the process by filing for a grievance with the executive director of
				 the Organization, the human rights committee or with the Department. The
				 recipient of the grievance shall forthwith forward a copy of the grievance form
				 to the chair of the human rights committee.
E. The executive director of the
				 Organization, or his or her designee, with the assistance of the chair of the
				 human rights committee or his or her designee, shall investigate the grievance
				 and issue a written decision to the participant, or advocate, within five (5)
				 business days of receipt of the grievance. The written decision shall include a
				 copy of the grievance, a list of persons interviewed in the investigation, the
				 steps taken to resolve the grievance, and the conclusion of the Organization's
				 executive director or his or her designee.
F. The chair of the human rights committee or
				 his or her designee shall, if necessary, assist the participant in requesting a
				 review.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.6 - Participants' Appeals Procedure

Current through June 14, 2024
If the participant is not satisfied with the outcome of
					 the grievance proceedings, the participant may file for an administrative
					 hearing in accordance with the Appeals Process and Procedures for EOHHS
					 Agencies and Programs, 210-RICR- 10-05-2.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.7 - Termination of Services

Current through June 14, 2024
A. The Organization
				 shall immediately provide the participant, legal guardian, family and/or
				 advocate and the Department with a written thirty (30) day notice subject to
				 approval by the Department that clearly describes the clinical basis for the
				 Organization's decision to terminate services and all reasonable efforts made
				 by the Organization to work with the participant, legal guardian and/or
				 advocate to maintain such services.
B. If a participant is to be either
				 transferred or discharged, the Organization must have documentation in the
				 participant's record that transfer or discharge is for good cause. The
				 Organization must provide a reasonable time to prepare the client and his or
				 her parents or guardian for the transfer or discharge (except in
				 emergencies).
C. At the time of the
				 discharge, the Organization must develop a final summary of the participant's
				 developmental, behavioral, social, health and nutritional status and, with the
				 consent of the participant, parents or legal guardian, provide a copy to
				 authorized persons and agencies; and provide a post-discharge plan of care that
				 will assist the client to adjust to the new living environment.
D. If a participant leaves the Organization
				 and/or refuses all services from the Organization, the Organization shall
				 document the refusal, conduct outreach efforts to the participant, legal
				 guardian, family and advocate and immediately notify the Department. The
				 Organization shall provide transitional discharge information to the Department
				 and/or subsequent Organizations upon request.
E. The participant may appeal the
				 Organization's decision to terminate services by filing an appeal in accordance
				 with the Appeals Process and Procedures for EOHHS Agencies and Programs,
				 210-RICR- 10-05-2.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.8 - Transitions

Current through June 14, 2024
If the participant chooses to receive services from a
					 different Organization, the transferring and receiving Organizations shall
					 cooperate fully. The participant shall be afforded the opportunity to have
					 input regarding the transition plan. The Department shall review and approve
					 the transition plan.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.9 - Development of an Individualized Service Plan (ISP)

Current through June 14, 2024
A. DDOs must respect and support each
				 participant's control over their own ISP and the ISP meeting, including
				 participant choice of plan writer, selection of who to invite to the plan
				 meeting, choice of time and location, decision on how to conduct and who will
				 conduct the ISP meeting, and setting of goals and objectives meaningful to the
				 participant.
B. The DDO's support
				 coordinator is responsible for ensuring that a plan is person-centered,
				 includes a Career Development Plan, agreed to and signed by the participant,
				 amended as needed or requested, and for the ongoing monitoring of how the DDO
				 is meeting the ISP goals and objectives.
C. All Participants receiving services from
				 DDOs shall have an annual ISP submitted and approved before the individual's
				 anniversary date. Late submissions will cause authorizations to be suspended
				 until a new plan is accepted. DDOs cannot retroactively bill for time when an
				 authorization is suspended.
D. Any
				 modification of the participants rights pursuant to § 00-1.26(G)(1) through (5)
				 of this Chapter must be supported by a specific assessed need and justified in
				 the ISP including but not limited to:
1.
				 Identification of a specific and individualized assessed need.
2. Documentation of the positive
				 interventions and supports used prior to any modifications of the
				 ISP.
3. Documentation of less
				 intrusive methods of meeting the need that have been tried but did not
				 work.
4. Inclusion of a clear
				 description of the condition that is directly proportionate to this assessed
				 need.
5. Inclusion of regular
				 collection and review of data to measure the ongoing effectiveness of the
				 modification.
6. Inclusion of
				 established time limits for periodic reviews to determine if the modification
				 is still necessary or can be terminated.
7. Inclusion of the informed consent of the
				 participant.
8. Inclusion of an
				 assurance that the interventions and supports will not cause harm to the
				 participant.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.10 - Service Provision

Current through June 14, 2024
A. The DDO ensures
				 that the provision of all certified services is in accordance with the goals of
				 the ISP.
B. The DDO must have
				 adequate staffing as identified for each participant and as documented in the
				 ISP.
C. The DDO ensures all
				 communication is in a format and language accessible to participants and
				 families in a clear, accurate and consistent manner wherein special
				 communication needs are identified and addressed.
1.10.1
Health Education
A. Organizations shall develop human
				 sexuality policies and health education policies that reflect the philosophy
				 that people with developmental disabilities are people with sexual identities,
				 feelings and needs.
B.
				 Organizations shall offer training in human sexuality and/or health education
				 to educate persons with disabilities to protect themselves from sexual abuse,
				 sexual exploitation, pregnancy, sexually transmitted diseases and other areas
				 pertaining to sexuality.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.11 - Residential Settings Subject to Licensing

Current through June 14, 2024
The DDO ensures that there is a legally enforceable
					 written agreement that includes, at minimum, the same responsibilities and
					 protections from eviction that tenants have under the landlord/tenant laws of
					 the state, county, city or other designated entity.
1.11.1
Health Care Services
A. DDOs shall maintain written health care
				 and nursing policies and procedures in a "DDO Health Care Manual," that
				 addresses all the areas indicated and outlined in this Part.
1. Each agency shall ensure that the DDO
				 Health Care Manual is reviewed and approved by a Professional Nurse on an
				 annual basis and when any changes are made to it.
2. Each agency shall maintain documentation
				 to support the annual, and as needed, approvals of the DDO Health Care Manual
				 by a Professional Nurse.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 05 - Developmental Disability Organizations › Part 1 - Rules and Regulations for Developmental Disability Organizations › Section 212-RICR-10-05-1.12 - Behavioral Supports and Treatment

Current through June 14, 2024
A. Behavioral
				 Supports are interventions to develop and strengthen adaptive and appropriate
				 behaviors through the application of behavioral interventions, and to
				 simultaneously reduce the frequency of inappropriate behaviors. Behavioral
				 Supports and interventions encompass behavioral analysis and other similar
				 interventions that refer to purposeful, clinical support of behavior.
1. All behavioral supports and treatment
				 shall conform to and abide by R.I. Gen. Laws Chapter 40.1-26 entitled "Rights
				 for Persons with Developmental Disabilities."
2. Participants shall give written informed
				 consent prior to the imposition of any plan designed to modify behavior
				 including, but not limited to, those plans which utilize restrictive
				 interventions or impairs the participant's liberty.
a. A guardian, family member or advocate can
				 provide written informed consent if the participant is not competent to do so.
b. If a participant is competent
				 to provide informed consent, but cannot provide written consent, the agency
				 shall accept an alternate form of consent, such as verbal agreement obtained
				 and witnessed, and document in the participant's record how such consent was
				 obtained.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 10 - Behavioral Healthcare Organizations › Part 1 - Rules and Regulations for Behavioral Healthcare Organizations › Section 212-RICR-10-10-1.1 - Authority, Purpose and Applicability

Current through June 14, 2024
A. These
				  Regulations are promulgated pursuant to the authority conferred under R.I. Gen.
				  Laws §§
										40.1-1-13,   40.1-2-2,   40.1-3-7,   40.1-5-3(g),   40.1-5.4-11,
				    40.1-8.5-7(1),   40.1-24-9,   40.1-24-11,   40.1-24.5-2(c), and   40.1-25.1-6 and are
				  established for the purpose of adopting prevailing standards for the licensure
				  and operation of facilities and programs providing behavioral health services
				  for adults who are not in the custody of the Department of Children, Youth, and
				  Families (DCYF) and/or substance use disorder services for children and
				  adults.
B. It is the expectation of
				  the Department that each person's array of supports and services be customized
				  to meet the individual's needs and desires in the least restrictive environment
				  possible.
C. These Rules and
				  Regulations apply to any licensed organization under Subchapter 00 Part 1 of
				  this Chapter.
D. These Rules and
				  Regulations do not apply to the following:
1.
				  Health Care Facilities licensed by the Rhode Island Department of Health
				  (RIDOH) pursuant to R.I. Gen. Laws Chapter  23-17.
2. Assisted living residences licensed by the
				  RIDOH pursuant to R.I. Gen. Laws Chapter  23-17.4.
3. Facilities, programs, and agencies
				  licensed by the DCYF pursuant to R.I. Gen. Laws §
											42-72-5(8).
4. Facilities, programs, or organizations
				  already licensed or certified by any appropriate State agency, pursuant to
				  Rhode Island General Laws.
5.
				  Organized ambulatory care facilities, as described in R.I. Gen. Laws
				  §§
											23-17-2(8)   and   23-17-4(b), that are owned and operated by
				  professional service corporations, as defined in R.I. Gen. Laws Chapter  7-5.1 and are licensed and regulated by the Rules and Regulations for the Licensing
				  of Organized Ambulatory Care Facilities (216-RICR- 40-10-3).
6. A private practitioner's (physician,
				  dentist, or other licensed health care providers licensed by the DOH) office.
				  R.I. Gen. Laws Chapters  5-37 and  5-31.1.
7. Group of practitioners (consisting of
				  providers licensed by the RIDOH whether owned and/or operated by an individual
				  practitioner, alone or as a member of a partnership, professional service
				  corporation, organization, or association). R.I. Gen. Laws §§
											5-37-1(9)   and   23-17-2(16).
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 10 - Behavioral Healthcare Organizations › Part 1 - Rules and Regulations for Behavioral Healthcare Organizations › Section 212-RICR-10-10-1.3 - Definitions, General Requirements, and Procedures

Current through June 14, 2024
1.3.1
Definitions
A. The following
				  words and terms shall have the assigned meanings throughout this Part unless a
				  specific context clearly indicates otherwise:
1. "Administer" means the direct application
				  of a medication, whether by injection, inhalation, ingestion, or any other
				  means, to the body of an individual by:
a. A
				  licensed and authorized agent under his or her direction, or
b. The individual at the direction and in the
				  presence of the licensed and authorized agent.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 10 - Behavioral Healthcare Organizations › Part 1 - Rules and Regulations for Behavioral Healthcare Organizations › Section 212-RICR-10-10-1.4 - Organization and Management

Current through June 14, 2024
1.4.1
Provider Governance
A.
				  Organizations shall meet all requirements established in Subchapter 00 Part 1
				  of this Chapter.
B. Entities
				  designated by the Director as a CMHC shall adhere to R.I. Gen. Laws
				  §§
											40.1-8.5-2(3);   40.1-8.5-4;   40.1-8.5-5;   40.1-8.5-7,   40.1-5.4-1;
				    40.1-5.4-4; and  40.1-5.4-5, which define the organizational structure, board
				  governance structure, board membership duties and services required of a
				  CMHC.
C. Economic Distress and
				  Going Concern Issues: In the event that an organization anticipates that its
				  financial viability is becoming structurally unsustainable, its projected net
				  billing or revenue is projected to be negative for longer than usual, or its
				  expenses are projected to exceed regular billing or revenue for longer than
				  usual, the organization shall immediately notify, in writing or by electronic
				  mail, the Director of the Division of Behavioral Healthcare. The written
				  communication shall include the reason or reasons that the organization
				  believes it is in economic distress beyond expected, episodic and routine
				  indebtedness and/or negative cash flow. In the event that the organization's
				  accountant prepares a Going Concern statement, the organization shall notify
				  the Director of the Division of Behavioral Healthcare immediately.
D. Staff Shortage: In the event that an
				  organization experiences a shortage of staff that is unplanned and that is not
				  projected to be remedied through its usual hiring process within the usual
				  amount of time needed to file staff vacancies, the organization shall
				  immediately notify, in writing or by electronic mail, the Director of the
				  Division of Behavioral Healthcare. The written communication shall include the
				  number and type of vacancies and the reason or reasons that the organization
				  believes it is unable to fill its staff vacancies within the usual amount of
				  time.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 10 - Behavioral Healthcare Organizations › Part 1 - Rules and Regulations for Behavioral Healthcare Organizations › Section 212-RICR-10-10-1.5 - Rights of Persons Served in Residential Programs

Current through June 14, 2024
A. Programs that provide twenty-four (24)
				  hour care shall develop and implement policies and procedures that address the
				  rights of the persons served as described in §§1.5.1  and  1.5.4   of
				  this Part below.
B. No resident
				  admitted to any community residence shall be deprived of any constitutional,
				  civil or legal right solely by reason of admission pursuant to R.I. Gen. Laws
				  §
										40.1-24.5-5. In addition to the rights of persons served noted in §1.5.3   of this Part below, each resident is entitled to the following rights
				  without limitation:
1. To privacy and
				  dignity;
2. To communicate by
				  sealed mail or otherwise with persons of the resident's choosing;
3. To be visited privately at all reasonable
				  times by his or her personal physician, attorney or clergy;
4. To vote and participate in political
				  activity with, as needed, reasonable assistance in registering and
				  voting;
5. To be employed at a
				  gainful occupation insofar as the resident's condition permits;
a. No resident shall be required to perform
				  labor that involves the essential operation and maintenance of the community
				  residence or program or the regular care and supervision of other residents.
				  Residents may be required to perform labor involving normal housekeeping and
				  home maintenance functions as documented in their person-centered plan or as
				  delineated in the community residents' Rules and Regulations.
6. To attend or not attend
				  religious services; and
7.
				  Residents have the right to access the Mental Health Advocate and to have
				  assistance, when desired and necessary, to implement this right. R.I. Gen. Laws
				  §
											40.1-5-22.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.1 - Statement of Purpose

Current through June 14, 2024
A. It is the purpose
				 of these rules and regulations to implement R.I. Gen. Laws §
										40.1-1-10 and §40.1-1-10.1,
				 the Parent Deinstitutionalization Subsidy Aid Program subject to available
				 funds.
B. The program is founded
				 for the express purpose of providing financial assistance or subsidy aid to the
				 qualified parent applicant, as defined herein, who is found and certified to be
				 qualified by the Director of the Department to receive and take into his or her
				 care, custody, and control an eligible person, as defined herein.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.2 - Authority - Scope - Enforcement

Current through June 14, 2024
A. Authority: These
				 regulations are promulgated pursuant to R.I. Gen. Laws §
										40.1-1-10 and §40.1-1-10.1.
B. Scope: These regulations shall apply only
				 to persons receiving or applying to receive the parent subsidy.
C. Enforcement: Applicants for, or recipients
				 of, the subsidy who do not conform to the regulations shall not receive the
				 subsidy.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.3 - Definitions

Current through June 14, 2024
A. Terms as used herein are defined below.
1. "Care, custody and control" means that the
				 certified parent(s) will take into his/her/their place of residence an eligible
				 person who requires supervised living and further:
a. Care means personal care or supervision of
				 activities essential to the eligible individual's daily functioning, includes
				 the following:
(1) assistance with or
				 supervision in dressing, eating, bathing and other personal hygiene;
(2) maintenance of a medication schedule as
				 directed and supervised by a physician and assistance to obtain medical/nursing
				 and rehabilitation services;
(3)
				 management of the individual's social and behavioral needs.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.4 - Eligibility of the Parent Applicant

Current through June 14, 2024
A. Application to be
				 certified for the subsidy aid program shall be made on Department forms and
				 shall be signed by the parent applicant(s). Each division of the Department
				 shall make forms available for their applicants.
B. The minimum age is eighteen (18) years.
				 Otherwise, age of the parent applicant(s) will be considered only if it affects
				 his/her/their physical capability, flexibility, and ability to care for and
				 provide training for an eligible child or adult.
C. All family members should be in
				 sufficiently good health to meet the needs of the adult or child placed with
				 the family. In instances where there is a question that health may affect the
				 ability of the parent applicant to care for the person, a written statement
				 from a physician will be obtained as part of the home study evaluation process.
				 Statements concerning health must be annually updated.
D. Income Limit (See also §
										1.12(A)     of
				 this Part). Gross income shall not exceed four hundred (400%) percent of
				 federal poverty level guidelines in the case of natural parents.
E. Employment of the parents outside the
				 home.
1. There must be arrangements for
				 adequate care and supervision of the eligible individual during the parents'
				 absence. Parents must demonstrate that employment does not detract from
				 implementation of the eligible individual's program plan.