reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.1 - Purpose and Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen Laws §§
										23-15-4(g) 
					 and
					  23-15-5(a),
					 and are established for the purpose of establishing prevailing standards and
					 procedures regarding the determination of need for the development of new
					 health care equipment and new institutional health services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.3 - Declaratory Rulings

Current through June 14, 2024
A. As prescribed by
				  R.I. Gen. Laws §
										42-35-8, any
				  interested person may petition the Director for a declaratory ruling. Each
				  petition shall state clearly and concisely the specific issues to be considered
				  and the facts relevant and applicable thereto, and any additional information
				  required by applicable statutes and regulations. The Director, or his/her
				  designee, shall consider the petition and within a reasonable time shall:
1. Issue a declaratory ruling; or
2. Notify the petitioner that no declaratory
				  ruling is to be issued; or
3. If
				  requested by a petitioner, or at the discretion of the Director, or his/her
				  designee, set a reasonable time and place for hearing argument upon the matter,
				  and give reasonable notice to the parties of the time and place for such
				  hearing. After said hearing is conducted, the Director or his/her designee
				  shall, within a reasonable time, issue a declaratory
				  ruling.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.4 - Review Requirement

Current through June 14, 2024
A. No health care
				  facility or health care provider shall develop or offer new health care
				  equipment as defined in this Part without prior review by the Health Services
				  Council and approval by the state agency.
B. No health care facility or health care
				  provider shall develop or offer new institutional health services as defined in
				  this Part without prior review by the Health Services Council and approval by
				  the state agency unless an exemption has been granted under §
										22.4(G)   of
				  this Part.
C. Only proposals for
				  new health care equipment or new institutional health services as defined in
				  this Part which are found by the state agency to be both needed and affordable
				  shall be granted approval by the state agency.
D. No health care facility shall develop or
				  offer new institutional health services as defined in this Part if approval for
				  such services has been withdrawn by the state agency in accordance with §
										22.16   of this
				  Part.
E. No person may incur an
				  obligation for a capital expenditure for a new institutional health service or
				  new health care equipment without obtaining approval for the capital
				  expenditure. An obligation for a capital expenditure is considered to be
				  incurred by or on behalf of a health care facility or health care provider:
1. When a contract, enforceable under Rhode
				  Island law, is entered into by or on behalf of the health care facility or
				  health care provider for the construction, acquisition, lease or financing of a
				  capital asset; or
2. When the
				  governing board of a health care facility takes formal action to commit its own
				  funds for a construction project undertaken by the health care facility as its
				  own contractor; or
3. In the case
				  of donated property, on the date on which the gift is completed in accordance
				  with Rhode Island law.
4. For the
				  purposes of §
											22.4(E)   of
				  this Part, an obligation for a capital expenditure which is contingent upon
				  issuance of a certificate of need is not incurred until the certificate of need
				  is issued.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.6 - Acquisition of Health Care Facilities

Current through June 14, 2024
A. Capital
				  expenditures made to acquire a health care facility are reviewable in
				  accordance with §
										22.2(A)(20)(b)   of this Part, if such capital expenditure
				  will result in a change in the services or bed capacity to be offered by such
				  facility.
B. In order to determine
				  whether a health care facility must file an application for approval of the
				  capital expenditure, at least thirty (30) days before any person acquires or
				  enters into a contract to acquire an existing health care facility, the person
				  shall make written notification to the state agency of the person's intent to
				  acquire the facility and of the services to be offered in the facility and its
				  bed capacity.
C. The state agency
				  will respond to the notice of intent within fifteen (15) working days with a
				  determination as to whether an application for approval of the capital
				  expenditure must be filed with the state agency.
D. If the state agency determines that an
				  application is not required and a person acquires an existing health care
				  facility without a certificate of need but proposes to change the services or
				  bed capacity of the facility within one (1) year after the acquisition, the
				  proposed change must be reviewed if it would have originally required review
				  under.
E. In instances of the
				  acquisition of health care facilities where there will be no changes in
				  services provided or in bed capacity or designations which would require
				  certificate of need review and approval prior to implementation, the filing of
				  an application for change in ownership under the provisions of R.I. Gen. Laws
				  Chapter 23-17 shall serve as notice of intent to acquire a health care
				  facility.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.7 - Review of Non-Clinical Capital Expenditures

Current through June 14, 2024
Exemptions for non-clinical capital expenditures are
					 pursuant to R.I. Gen. Laws §
										23-15-4.1.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.8 - Review of Research Proposals

Current through June 14, 2024
Exemptions for research are pursuant to R.I. Gen. Laws
					 §
										23-15-4.2.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.9 - Review of Voter Approval Capital Bond Issues

Current through June 14, 2024
Exemptions for voter approved capital bond issues for
					 health care facilities are pursuant to R.I. Gen. Laws §
										23-15-4.4.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.10 - Review Procedures

Current through June 14, 2024
A. Proposals for
				  new institutional health services and new health care equipment shall be
				  subdivided into three (3) categories for purposes of review:
1. Expeditious review;
2. Accelerated review; and
3. Regular review.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.11 - Public Meetings

Current through June 14, 2024
A. If requested in
				  writing by an affected person as defined in §
										22.2(A)(4)
				    of this Part, the state agency may conduct a public meeting during the course
				  of the state agency review at which any person may have the opportunity to
				  present testimony.
B. The request
				  must be received by the state agency within fifteen (15) days of the date of
				  written notification to affected persons of the beginning of a review, provided
				  in accordance with §
										22.10(F)
				    of this Part.
C. The following
				  rules of procedure shall apply to the conduct of public meetings:
1. Notification of the date, time, location
				  and subject matter of the public meeting shall be provided to affected persons.
				  Failure of an affected person to receive notification in accordance with this
				  section shall not be grounds for reversal of a decision of the state agency or
				  defeat the jurisdiction thereof or affect adversely the regularity of any
				  proceedings before same.
2. The
				  public meeting shall be conducted by the state agency, with testimony made
				  available to the Health Services Council.
3. Any affected person shall have the right
				  to present testimony.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.12 - Expeditious Review

Current through June 14, 2024
Expeditious reviews shall be conducted pursuant to R.I.
					 Gen. Laws §
										23-15-5.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.13 - Accelerated Review

Current through June 14, 2024
A. Accelerated
				  review may be requested by applicants on or before the date of the regular
				  review cycle of January 10th or July 10th. In order to qualify for proposed
				  processing under accelerated review, the state agency must identify and
				  preliminarily determine that there is a prima facie demonstration of public
				  need and affordability for the proposal. This identification and preliminary
				  determination shall be made before the date scheduled for the initiation of
				  Health Services Council review.
1. The state
				  agency shall exercise its discretion, in accordance with the criteria set forth
				  in §
											22.13(A)
				    of this Part, in proposing accelerated review. For those proposals for which
				  the state agency proposes accelerated review, the state agency shall:
a. Make a written preliminary finding that
				  the proposal presents a prima facie demonstration of public need and
				  affordability consistent with the criteria set forth above, and
b. Make written preliminary findings
				  consistent with the criteria set forth in §§
												22.14(C)
				  and  22.14(D)   of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.14 - Findings and Recommendations

Current through June 14, 2024
A. At the
				  conclusion of its review of each application for new institutional health
				  services or new health care equipment, the Health Services Council shall make
				  recommendations to the state agency relative to approval or denial of the new
				  institutional health services or new health care equipment proposed.
B. Such recommendations shall explicitly
				  address the information required in accordance with §
										22.5(C)   of
				  this Part and the relevant considerations outlined in §
										22.10(L)
				    of this Part. Such findings and recommendations shall take into consideration
				  policies adopted publicly by the state agency, and any apparent or real
				  differences shall be illustrated as to the factors of consideration
				  involved.
C. The findings of the
				  Health Services Council shall include commentary where applicable, on the
				  following elements derivable from the information provided in accordance with
				  §
										22.10(L)   of this Part:
1. The relationship of the proposal to such
				  state health plans as may be formulated by the state agency;
2. The applicant's demonstration of public
				  need for the specific proposal and the scope thereof;
3. A detailed analysis of all elements
				  (capital and operating) of the total project cost including prospective sources
				  of payment for associated operating expenses;
4. The incremental cost to the health care
				  system of provision of the additional services and the consequent impact of the
				  proposal upon the overall costs of the institution, upon patient charges, and
				  upon the reimbursement system;
5.
				  The feasibility of the proposal including the mix of financing and the reasons
				  therefore as they relate to the overall financial structure of the applicant
				  and such other factors as may impinge upon the feasibility of the
				  proposal;
6. The derivable
				  operating efficiencies (i.e., economies of scale or substitution of capital for
				  personnel) which may result in lower total or unit costs;
7. The efficiency and appropriateness of the
				  use of existing inpatient facilities providing inpatient services similar to
				  those proposed (if applicable);
8.
				  The efficiency and appropriateness of the proposed new institutional health
				  services, including the extent to which the proposed new service or equipment,
				  if implemented, will not result in any unnecessary duplication of existing
				  services or equipment;
9. The
				  affordability of the proposal; and
10. For proposals subject to R.I. Gen. Laws
				  §
											23-15-6(e) 
				  of the Act, the relative priority of the proposal compared to all other
				  proposals simultaneously under review.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.16 - Changes, Cost Overruns, and Failure to Implement

Current through June 14, 2024
A. Except for approved nursing facility
				  proposals, any cost overrun that exceeds seven hundred and fifty thousand
				  dollars ($750,000) or ten percent (10%) of the total approved capital cost,
				  whichever is more, shall require review by the Health Services Council and
				  approval of the state agency.
1. For nursing
				  facility proposals, any cost overrun that exceeds three hundred thousand
				  dollars ($300,000) or ten percent (10%) of the total approved capital cost,
				  whichever is less, requires review by the Health Services Council and approval
				  of the state agency. Cost overruns that are three hundred thousand dollars
				  ($300,000) or less shall be submitted to the state agency for administrative
				  review and determination.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.17 - Reconsideration

Current through June 14, 2024
A. Any affected person may request in writing
				  reconsideration of the state agency's decision if such person:
1. Presents significant relevant information
				  not previously considered by the state agency;
2. Demonstrates that there have been
				  significant changes in factors or circumstances relied upon by the agency in
				  reaching its decision;
3.
				  Demonstrates that the agency has materially failed to follow its adopted
				  procedures in reaching its decision; or
4. Provides such other basis as the state
				  agency determines constitutes good cause, which basis may be determined on a
				  case-by-case basis.
a. In determining what
				  constitutes and what qualifies for presentation as "significant relevant
				  information not previously considered by the state agency," the person must
				  prove that said information was, is, or would be significant to the agency's
				  final decision and was not previously available to the applicant for submission
				  to the state agency during the period of the review process, provided, however,
				  that nothing in this section shall be construed to permit or allow the
				  reconsideration process to be used as a procedure for modification or amendment
				  of an insufficient or deficient application or presentation during the review
				  process or to introduce as new matter previously existing data as an
				  alternative basis for approval of a project (e.g., fire code deficiencies to
				  which no previous reference was made).
5. Requests for reconsideration of a state
				  agency decision must be received within thirty (30) days of the
				  decision.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.18 - Administrative Review

Current through June 14, 2024
A. The decision of
				  the state agency may be administratively reviewed at the written request of any
				  affected person through an administrative review to be conducted by a hearing
				  officer, hereinafter referred to as the administrative review agency, appointed
				  by the Director of Health.
B. The
				  written request for administrative review must be filed within thirty (30) days
				  of the decision of the state agency (or, if applicable, within thirty (30) days
				  after a reconsideration decision is made) and the administrative review must be
				  initiated within sixty (60) days of the receipt of the request, when
				  practicable.
C. Within thirty (30)
				  days of the receipt of the request for an administrative review, the state
				  agency shall give written notification to the applicant, the person who
				  requested the review (if different), and by publication to any person who has
				  participated in the proceeding before the state agency which notice shall
				  include:
1. A statement of the time, place,
				  and nature of the administrative review;
2. A statement of the legal authority and
				  jurisdiction under which the administrative review is to be held;
3. A reference to the particular sections of
				  the statutes and rules involved; and
4. A short and plain statement of the issues
				  involved.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.19 - Judicial Review

Current through June 14, 2024
Any person adversely affected by a final decision of the
					 state agency or administrative review agency may obtain judicial review of the
					 decision in accordance with the provisions of R.I. Gen. Laws §§
										42-35-15 and
					  42-35-16,
					 provided that the state agency shall be considered a
					 "person."
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.20 - Sanctions

Current through June 14, 2024
Sanctions are pursuant to R.I. Gen. Laws §§
										23-15-4(h)
					 through (j).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-17.14-31 for the purpose of establishing minimal standards for the review of hospital
					 conversions in this state, and to fulfill those purposes set forth in R.I. Gen.
					 Laws §
										23-17.14-3.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.2 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate the Title VI
					 of the Civil Rights Act of 1964,
					  42 U.S.C. §
											2000d, ("Title VI") by
					 reference, not including any further editions or amendments thereof and only to
					 the extent that the provisions therein are not inconsistent with these
					 regulations, in order to ensure that communications and language assistance is
					 offered, individuals are informed about the availability of language
					 assistance, competence of individuals providing language assistance is assured,
					 and easy-to-understand materials and signage are provided.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.4 - General Requirements and Procedures

Current through June 14, 2024
A. Any hospital
				  conversion, as defined in in this Part, requires review and approval from the
				  Department of Health in accordance with the provisions of R.I. Gen. Laws §
										23-17.14-5.
B. All hospitals, including all new hospitals
				  as defined in §
										23.3   of this Part, shall be
				  subject to the provisions of the rules and regulations for Licensing of
				  Hospitals (Part 4 of this Subchapter) promulgated by the Rhode Island
				  Department of Health.
C. Any effect
				  on hospital licensing fees is pursuant to R.I. Gen. Laws §
										23-17.14-20.
D. Concurrent approval of proposed
				  conversions and proposed change in owner, operator or lessee is pursuant to
				  R.I. Gen. Laws §
										23-17.14-28.
1. Reviews of applications for changes in the
				  owner, operator, or lessee of licensed hospitals shall be conducted in
				  accordance with the requirements set forth in the rules and regulations for
				  Licensing of Hospitals (Part 4 of this Subchapter).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.5 - Conversion Application

Current through June 14, 2024
A. Information
				  required in the initial application for conversions is pursuant to R.I. Gen.
				  Laws §
										23-17.14-6.
				  Additionally, hospitals must provide:
1. All
				  information relevant to the criteria that the Department is required to
				  consider pursuant to §§
											23.6  and
				   23.7   of this Part.
2. Any additional information pertaining to
				  the conversion that the state agency may deem necessary for analysis of the
				  applicable considerations outlined in §§
											23.6  and
				   23.7   of this Part.
3. With respect to all information required
				  pursuant to §
											23.6   of this Part, the
				  transacting parties shall upgrade and update said information through to the
				  time of the Director's decision and the transacting parties shall have a
				  continuing duty to supplement previously submitted information with
				  supplemental, updated, and upgraded information.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.6 - Review of For-profit Conversions

Current through June 14, 2024
A. Review process
				  is pursuant to R.I. Gen. Laws §
										23-17.14-7.
B. In reviewing an application for a
				  conversion involving hospitals in which one (1) or more of the transacting
				  parties is a for-profit corporation as the acquiror, the Department shall
				  consider the criteria stated in R.I. Gen. Laws §
										23-17.14-8 and:
1. Issues of market share especially as
				  they affect quality, access, and affordability of services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.7 - Review of Not-for-Profit Conversions

Current through June 14, 2024
A. All
				  conversions which are limited to not-for-profit corporations which involve the
				  establishment, maintenance, or operation of a hospital shall require prior
				  approval of the Department. The review shall proceed pursuant to R.I. Gen. Laws
				  §
										23-17.14-9.
				  The transacting parties shall file an initial application pursuant to the
				  provisions set forth in R.I. Gen. Laws §
										23-17.14-6 and §
										23.5   of this Part.
B. The Department shall adhere to the process
				  set forth in R.I. Gen. Laws §
										23-17.14-10 in reviewing an application of a conversion involving a hospital in which the
				  transacting parties are limited to not-for-profit corporations.
C. In reviewing an application of a
				  conversion involving a hospital in which the transacting parties are limited to
				  not-for-profit corporations, the Department shall consider the criteria stated
				  in R.I. Gen. Laws §
										23-17.14-11 and:
1. Issues of market share especially as
				  they affect quality, access, and affordability of services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.8 - Review of Other Conversions

Current through June 14, 2024
Review of conversions involving a for-profit hospital as
					 the acquiree is conducted pursuant to R.I. Gen. Laws §
										23-17.14-12.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.9 - Expedited Review

Current through June 14, 2024
Expedited review is conducted pursuant to R.I. Gen. Laws
					 §
										23-17.14-12.1.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.10 - Reports, Use of Experts, Costs, and Investigations

Current through June 14, 2024
A. Engaging the use of experts, receiving
				  reports, and their associated costs during review are pursuant to R.I. Gen.
				  Laws §
										23-17.14-13.
B. The conduction of investigations is
				  pursuant to R.I. Gen. Laws §
										23-17.14-14.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.11 - Limits to Subsequent Acquisitions

Current through June 14, 2024
Limits to acquisitions are pursuant to R.I. Gen. Laws
					 §
										23-17.14-19.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.12 - Concurrent Review

Current through June 14, 2024
A. The Director may
				  consider the requirements of the Act and the requirements of R.I. Gen. Laws
				  §§
										23-17-1 through
				   23-17-45 together upon completion of the initial application. The Director may approve,
				  approve with conditions, or disapprove one or both requests filed pursuant to
				  the Act and R.I. Gen. Laws §§
										23-17-1 through
				   23-17-45.
B. The decision of the Director approving or
				  denying a conversion application required by the Act shall be subject to
				  judicial review in accordance with the provisions of R.I. Gen. Laws
				  §§
										42-35-15 and
				   42-35-16.
				  For any conversion subject to the Act, the Director may combine any hearings
				  required by the Act with any hearings on similar or related matters required by
				  R.I. Gen. Laws §§
										23-17-1 through
				   23-17-45 and shall consider issues of market share especially as they affect quality,
				  access, and affordability of services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.13 - Elimination or Reduction in Emergency Department and Primary Care Services

Current through June 14, 2024
A. No hospital emergency department or
				  primary care services which existed for at least one (1) year and which
				  significantly serve uninsured or underinsured individuals shall be eliminated
				  or significantly reduced without the prior approval of the Director in
				  accordance with R.I. Gen. Laws §
										23-17.14-18.
1. Prior to the elimination or significant
				  reduction of an emergency department or primary care services which existed for
				  at least one (1) year, a hospital shall provide the Director a written plan
				  whereby it proposes to do any of the following:
a. Eliminate its emergency
				  department;
b. Reduce the operation
				  of its emergency department to less than twenty-four (24) hours per
				  day;
c. Make material reductions in
				  emergency department staff providing emergency health care services;
d. Eliminate the delivery of primary care
				  services;
e. Reduce by twenty-five
				  percent (25%) or more its hours of operation for delivery of primary care
				  services (including, but not limited to, family practice, pediatrics, internal
				  medicine, obstetrics/gynecology, or mental health services);
f. Make material reductions in the number or
				  qualifications of staff which affects access to or continuity of primary care
				  services; or
g. Take other actions
				  which result in a significant reduction in primary care services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.14 - Provision of Charity Care, Uncompensated Care, and Community Benefits

Current through June 14, 2024
A. All hospitals shall, as a condition of
				  initial and/or continued licensure:
1. Meet
				  the statewide standards for the provision of charity care as provided in this
				  Part;
2. Meet the statewide
				  standards for the provision of uncompensated care as provided in this
				  Part;
3. Meet the statewide
				  standards for the provision of community benefits as provided in this
				  Part;
4. Not discourage persons who
				  cannot afford to pay from seeking essential medical services; and,
5. Not encourage persons who cannot afford to
				  pay to seek essential medical services from other providers.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.15 - Gag Rules Prohibited

Current through June 14, 2024
Gag rules are prohibited pursuant to R.I. Gen. Laws §
										23-17.14-16.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.16 - Perjury

Current through June 14, 2024
The penalty for perjury is pursuant to R.I. Gen. Laws
					 §
										23-17.14-17.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.17 - Failure to Comply

Current through June 14, 2024
The penalties for failure to comply with this Part will be
					 applied pursuant to R.I. Gen. Laws §
										23-17.14-30.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.18 - Whistleblower Protections

Current through June 14, 2024
Whistleblower protections are pursuant to R.I. Gen. Laws
					 §
										23-17.14-29.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 23 - Hospital Conversions (216-RICR-40-10-23) › Section 216-RICR-40-10-23.19 - Judicial Review

Current through June 14, 2024
Judicial review is pursuant to R.I. Gen. Laws §
										23-17.14-34.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws §
										23-68-8,
					 and are established for the purpose of regulating tanning facilities to
					 minimize the risks associated with tanning by artificial ultraviolet
					 light.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.2 - Purpose

Current through June 14, 2024
A. The purpose of this Part is to regulate
				  tanning facilities to minimize the risks associated with tanning by artificial
				  ultraviolet light. These risks include, but may not be limited to:
1. Sunburn;
2. Premature aging of the skin;
3. Skin cancer;
4. Retinal damage;
5. Formation of cataracts;
6. Suppression of the immune
				  system;
7. Damage to the vascular
				  system; and
8. Communication of
				  disease due to improper sanitation of tanning devices.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate
				   21 C.F.R. §
											878.4635(b)(6)(i)(A)  (2017)
				  by reference, not including any further editions or amendments thereof and only
				  to the extent that the provisions therein are not inconsistent with these
				  regulations.
B. These regulations
				  hereby adopt and incorporate
				   21 C.F.R. §
											1010.3  (2017) by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
C. Except as provided in this Part, the
				  requirements of
				   21 C.F.R. §
											1040.20  (2017) are incorporated
				  by reference, not including any further editions or amendments thereof and only
				  to the extent that the provisions therein are not inconsistent with this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.5 - Registration Requirements

Current through June 14, 2024
24.5.1
Application and Registration Fee
A. It shall be unlawful for any person,
				  corporation, or other entity to own, maintain, conduct, or operate a tanning
				  facility in Rhode Island without having been registered with the Department
				  pursuant to the provisions of R.I. Gen. Laws §
											23-68-6 and this Part.
B. Each tanning
				  facility shall be registered prior to operation. The registrant shall file an
				  application with the Department and pay applicable fee(s) specified in the Fee
				  Structure for Licensing, Laboratory and Administrative Services Provided by the
				  Department of Health (Part 10-05-2 of this Title) to register each tanning
				  facility.
1. If the registrant owns or
				  operates more than one (1) such tanning facility, the registrant shall file a
				  separate application for each tanning facility owned or
				  operated.
C.
				  Registrations are issued to one (1) person for one (1) tanning facility and are
				  non-transferable.
D. As a
				  requirement for registration, each tanning facility shall maintain evidence of
				  holding liability insurance.
E.
				  Registration application shall be made on forms furnished by the Department and
				  shall contain all the information required by the form and accompanying
				  instructions.
F. A certificate of
				  registration will be issued by the Department upon a determination that the
				  applicant has provided all the information required by the application meets
				  the requirements of the Act and this Part, and has paid the application fee as
				  set forth in the Fee Structure for Licensing, Laboratory and Administrative
				  Services Provided by the Department of Health (Part 10-05-2 of this Title).
1. The certificate of registration expires
				  annually on the 31st day of August.
2. No person shall operate or maintain a
				  tanning facility without a current and valid certificate of registration.
3. The certificate shall be
				  displayed in a conspicuous place on the premises of the tanning
				  facility.
G. The
				  registrant shall notify the Department in writing before making any change
				  which would render the information contained in the application for
				  registration or the validation of registration no longer accurate. This
				  requirement shall not apply for changes involving replacement of designated
				  original equipment lamp types with lamps which have been certified with the FDA
				  as "equivalent" replacement of the lamps. The registrant shall maintain
				  manufacturer's literature demonstrating the equivalency of any replacement
				  lamps.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.6 - Protection of Patrons

Current through June 14, 2024
24.6.1
Warning Statement
A. At each
				  patron's initial visit to a tanning facility, and at intervals not to exceed
				  twelve (12) months thereafter, the patron shall be provided a written statement
				  containing the following information to review and sign:
1. Not wearing protective eyewear while
				  tanning may cause injury to the eyes;
2. Overexposure to the tanning process may
				  cause burns;
3. Repeated exposure
				  to the tanning process may cause skin cancer or premature aging of the skin or
				  both;
4. Abnormal skin sensitivity
				  or burning may result from the tanning process if the patron is also consuming
				  or using certain:
a. Foods;
b. Cosmetics; or
c. Medications, such as tranquilizers,
				  antibiotics, diuretics, high blood pressure medication, antineoplastic or birth
				  control pills.
5. Any
				  person taking a prescription or over-the-counter drug should consult a
				  physician or a registered pharmacist before using a sunlamp product;
				  and
6. During pregnancy, a woman
				  should consult with her health care provider before tanning.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.7 - PHYSICAL PLANT AND EQUIPMENT

Current through June 14, 2024
24.7.1
CONSTRUCTION, SANITATION AND MAINTENANCE OF TANNING FACILITIES
A. Each tanning facility shall be constructed
				  to meet the following minimum requirements:
1. All tanning facilities shall be equipped
				  with convenient toilet facilities and dressing rooms. At a minimum, such toilet
				  facilities shall include a water closet, a hand-washing sink and a safe and
				  sanitary supply of water. Such toilet and dressing rooms shall be properly
				  maintained, as well as meet all federal, state and local laws, codes and
				  regulations.
2. The sunlamp
				  products shall meet the requirements of §24.7.2 of this Part and all other
				  applicable federal and state requirements.
3. The physical facility shall be constructed
				  such that:
a. All areas of the tanning
				  facility shall be ventilated with at least six (6) air changes per hour or as
				  otherwise required by local code; and
b. Tanning booth temperature shall be
				  maintained below one hundred (100) degrees Fahrenheit (thirty- eight (38)
				  degrees Centigrade) during sunlamp product operation.
4. Except as otherwise required by this Part,
				  each tanning facility shall be constructed in accordance with all applicable
				  local and state codes.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.8 - ADMINISTRATIVE REQUIREMENTS

Current through June 14, 2024
24.8.1
GENERAL ADMINISTRATIVE REQUIREMENTS
A. The registrant shall be responsible for
				  directing the operation of the tanning facility which has been registered with
				  the Department. That registrant shall assure that the provisions of this Part
				  are met in the operation of a tanning facility.
B. The registrant shall ensure that the
				  tanning facility complies with all applicable federal, state and local codes,
				  laws and regulations.
C. Each
				  registrant shall establish and maintain a tanning facility specific electronic
				  mail address (i.e., e-mail address) to be provided to the Department for the
				  purposes of contacting the registrant with both routine communications and
				  emergency notices. The registrant shall be responsible for providing notice to
				  the Department at any time that the tanning facility's specific electronic mail
				  address is changed or updated.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 24 - Tanning Facilities (216-RICR-40-10-24) › Section 216-RICR-40-10-24.9 - PENALTIES, PRACTICES AND PROCEDURES

Current through June 14, 2024
24.9.1
DENIAL, REVOCATION OR SUSPENSION OF REGISTRATION
A. The Department is authorized to deny an
				  application for the issuance of a registration or to revoke or suspend any
				  registration issued if the provisions of the Act and this Part are not
				  met.
B. Whenever an action shall be
				  proposed to deny, revoke or suspend a registration, the Department shall notify
				  the applicant by certified mail, setting forth reasons for the proposed action.
				  The applicant shall be given an opportunity for a prompt and fair hearing, in
				  accordance with Practices and Procedures before the Rhode Island Department of
				  Health (Part 10-05-4 of this Title).
C. If the Department finds that the public
				  health, safety or welfare of the public requires emergency action and
				  incorporates a finding to that effect in its order, the Department may order
				  summary suspension of a registration pending proceedings for revocation or
				  other action in accordance with RI Gen. Laws §§
											42-35-14(c) 
				  and
				   23-1-21.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 25 - Harm Reduction Centers (216-RICR-40-10-25) › Section 216-RICR-40-10-25.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws Chapter 23-12.10 for the purpose of establishing
					 minimum standards for Harm Reduction Centers that are consistent with
					 acceptable international standards of practice and that will provide services
					 in such a manner as to safeguard the health, safety, and welfare of
					 clients.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 25 - Harm Reduction Centers (216-RICR-40-10-25) › Section 216-RICR-40-10-25.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1.
				  "Change in owner" means a transfer by the governing body or operator of a harm
				  reduction center to any other person (excluding delegations of authority to the
				  medical or administrative staff of the facility) of the governing body's
				  authority to:
a. Hire or fire the Harm
				  Reduction Center Director and/or the Medical Director;
b. Maintain and control the books and records
				  of the Harm Reduction Center;
c.
				  Dispose of assets and incur liabilities on behalf of the Harm Reduction Center;
				  or
d. Adopt and enforce policies
				  regarding operation of the Harm Reduction Center.