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 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.10 - Inspections

Current through June 14, 2024
A. The licensing agency shall make such
				  inspections and investigations as deemed necessary and in accordance with R.I.
				  Gen. Laws Chapters 23-17 and 23-15 and this Part. Such inspections shall apply
				  to all nursing facilities licensed under R.I. Gen. Laws Chapter 23-17 and shall
				  apply to all residents housed therein without regard to source of
				  payment.
B. A duly authorized
				  representative of the licensing agency shall have the right to enter at any
				  time without prior notice to inspect the entire premises and services,
				  including all records of any nursing facility for which an application has been
				  received or for which a license has been issued. Any application shall
				  constitute permission for and willingness to comply with such inspections. The
				  duly authorized representative shall provide necessary identification
				  information and shall sign the log or journal of the nursing facility provided
				  in accordance with R.I. Gen. Laws Chapter 23-17.2.
C. Refusal to permit inspections shall
				  constitute a valid ground for license revocation.
D. Every nursing facility shall be given
				  prompt notice within ten (10) business days by the licensing agency of all
				  deficiencies reported as a result of an inspection or investigation and in
				  accordance with the procedures incorporated in R.I. Gen. Laws Chapters 23-17
				  and 23-1.
E. Written reports and
				  recommendations of inspections and inspection logs or journals shall be
				  maintained on file in each nursing facility for a period of no less than three
				  (3) years.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.11 - Denial, Suspension, Revocation of License or Curtailment of Activities and Sanctions

Current through June 14, 2024
A. The licensing
				  agency is authorized to deny, suspend, revoke the license, or curtail the
				  activities of any nursing facility which has:
1. Failed to comply with this Part;
2. Aided, abetted or permitted any illegal
				  act or conduct adverse to the health, welfare and safety of residents or of the
				  general public; or
3. Failed to
				  comply with municipal, state or federal law.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.12 - Sanctions

Current through June 14, 2024
A. The licensing agency may take appropriate
				  action from within the following array for dealing with violations of R.I. Gen.
				  Laws Chapters 23-17, 23-15, or herein.
1. As a
				  result of denial, the rights and privileges attendant upon licensure will not
				  accrue to a nursing facility.
2. As
				  a result of an order to curtail any or all activities of a nursing facility, a
				  licensee may be ordered to admit no additional persons to said nursing
				  facility, and/or transfer to other suitable accommodations all or some of the
				  residents residing in said nursing facility, and/or take any other corrective
				  action necessary to secure compliance with the requirements established by R.I.
				  Gen. Laws Chapter 23-17 and this Part.
3. As a result of suspension, a nursing
				  facility shall be restrained from admitting any residents during the period of
				  suspension and shall be required to transfer all residents to another nursing
				  facility during the period of suspension. The difference between suspension and
				  revocation of license is essentially a temporal one, such that the sanctions
				  imposed as a result of suspension are so imposed until such time as the
				  deficiency is corrected or until such other time as the licensing agency
				  determines, whereas the sanctions imposed as a result of revocation are
				  considered to be permanent and re-application for license would be
				  necessary.
4. As a result of
				  license revocation, a nursing facility loses all rights and privileges related
				  to licensure and will be required to transfer all residents, will be restrained
				  from admitting any residents and will be subject to prosecution for operation
				  without a license if the foregoing actions are not accomplished.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.13 - Organization and Management

Current through June 14, 2024
1.13.1
Governing Body or Other Legal Authority
A. Each nursing facility shall have an
				  organized governing body or other legal authority, responsible for:
1. The management and fiduciary control of
				  the operation and maintenance of the nursing facility; and
2. The conformity of the nursing facility
				  with all federal, state and local rules and regulations relating to fire,
				  safety, sanitation, communicable and reportable diseases, resident quality of
				  care and quality of life, and other relevant health and safety requirements and
				  with this Part.
3. The
				  administration of a policy of non-discrimination in the provision of services
				  to residents and the employment of persons without regard to race, color,
				  creed, national origin, gender, gender identity or expression, religion, sexual
				  orientation, marital status, familial status, source of income, age,
				  disability, source of payment or profession in accordance with Title VI of the
				  Civil Rights Act of 1964; U.S. Executive Order #11246 entitled "Equal
				  Employment Opportunity," U.S. Department of Labor Regulations; Title V of the
				  Rehabilitation Act of 1973, the Rhode Island Fair Employment Practices Act,
				  R.I. Gen. Laws Chapter 28-5
et seq.
; the Americans with
				  Disabilities Act; and any other federal or state laws relating to
				  discriminatory practices.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.14 - Personnel

Current through June 14, 2024
1.14.1
Criminal Records Check
A. Criminal record review requirements are
				  pursuant to R.I. Gen. Laws §§
											23-17-34 and  28-5.1-14.
B. If an applicant has undergone a statewide
				  criminal records check within eighteen (18) months of an application for
				  employment, then an employer may request from the bureau a letter indicating if
				  any disqualifying information was discovered. The bureau will respond without
				  disclosing the nature of the disqualifying information. This letter must be
				  maintained on file to satisfy the requirements of R.I. Gen. Laws §
											23-17-34.
C. Due to the fact that
				  juvenile proceedings before the Rhode Island Family Court are exempt from
				  disclosure, the requirement for a statewide criminal records check shall be
				  waived for nursing facility employees under the age of eighteen (18). Provided,
				  however, the nursing facility must perform a reference check for employees
				  under age eighteen (18). Once the employee turns eighteen (18) years old, the
				  required criminal records check must be completed within seven (7) days of his
				  or her eighteenth birthday.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.15 - Reporting of Resident Abuse or Neglect, Accidents and Death

Current through June 14, 2024
A. Any physician, physician assistant, nurse
				  or other employee of a nursing facility who has reasonable cause to believe
				  that a resident has been abused, exploited, mistreated, neglected or
				  experiences an injury of unknown origin, as outlined in R.I. Gen. Laws Chapter
				  23-17.8 shall make, within twenty-four (24) hours of the receipt of said
				  information, a report to the licensing agency and to the office of the State
				  long-term care ombudsman. Any person required to make a report pursuant to this
				  section shall be deemed to have complied with these requirements if a report is
				  made to a high managerial agent. Once notified, the administrator or the
				  director of nursing services shall be required to meet the above reporting
				  requirements.
1. All reports, as required by
				  this Part, shall be provided to the licensing agency in writing via facsimile
				  or electronic transmission to DOH.OFR@health.ri.gov on forms supplied by the
				  licensing agency. A copy of each report shall be retained by the nursing
				  facility for review during subsequent inspections by the licensing
				  agency.
2. The nursing facility
				  shall maintain evidence that all allegations of abuse, neglect, and/or
				  mistreatment have been thoroughly investigated and that further potential abuse
				  has been prevented while the investigation is in progress. Appropriate
				  corrective action shall be taken, as necessary. The results of said
				  investigation shall be reported to the licensing agency within five (5)
				  business days.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.16 - Resident Care Services

Current through June 14, 2024
1.16.1
Resident Care Policies
A. Each nursing
				  facility shall have written resident care policies to govern the continuing
				  nursing care and related medical or other services provided.
1. Care practices shall be person-centered in
				  their implementation and resident-directed in their development whenever
				  possible, and
2. The nursing
				  facility shall provide care and services to all residents in accordance with
				  the prevailing community standard of care.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.17 - Special Care Units

Current through June 14, 2024
1.17.1
Alzheimer and Other Dementia Special Care Units or Programs
A. Any nursing facility that provides or
				  offers to provide care or services for residents in a manner as defined in this
				  Part shall disclose to the licensing agency and any person seeking placement in
				  such Alzheimer and Other Dementia Special Care Unit/Program the form of
				  specialized care and treatment provided that is in addition to the care and
				  treatment required in this Part.
1. The
				  information disclosed shall be on a form prescribed by the
				  Department.
2. The nursing facility
				  shall provide care and services as described in the disclosure form, and
				  consistent with this Part. The information disclosed shall explain the
				  additional care provided in each of the following areas:
a. Philosophy - The special care
				  unit/program's written statement of its overall philosophy and mission which
				  reflects the needs of residents afflicted with dementia.
b. Pre-Admission, Admission and Discharge -
				  The process and criteria for placement (which shall include a diagnosis of
				  dementia), transfer or discharge from the unit.
c. Assessment, Care Planning and
				  Implementation - The process used for assessment and establishing the plan of
				  care and its implementation, including the method by which the plan of care
				  evolves and is responsive to changes in condition.
d. Staffing Patterns and Training - Staff
				  patterns and training and continuing education programs, which shall emphasize
				  the effective management of the physical and behavioral problems of those with
				  dementia.
e. Physical Environment -
				  The physical environment and design features shall be appropriate to support
				  the functioning and safety of cognitively impaired adult residents.
f. Therapeutic Activities - The frequency and
				  types of resident activities. Therapeutic activities shall be designed
				  specifically for those with dementia.
g. Family Role in Care - The nursing facility
				  shall provide for the involvement of families and family support
				  program.
h. Program Costs - The
				  cost of care and any additional fees.
3. Any significant changes in the information
				  provided by the nursing facility will be reported to the licensing agency at
				  the time the changes are made.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.18 - Environmental and Maintenance Services

Current through June 14, 2024
1.18.1
Housekeeping
A. A full-time
				  employee of the nursing facility shall be designated responsible for
				  housekeeping services, supervision and training of housekeeping
				  personnel.
B. Sufficient
				  housekeeping and maintenance personnel shall be employed to maintain a
				  comfortable, safe, clean, sanitary and orderly environment in the nursing
				  facility.
1. Housekeeping personnel qualified
				  in accordance with §
												1.14.6(A)(1)   of this Part may assist in food
				  distribution and food preparation. Careful hand washing shall be done prior to
				  assisting in food distribution and/or food preparation.
2. Housekeeping personnel may provide
				  assistance with eating and hydration of residents in accordance with §
												1.16.11(B)   of this Part
C. Written housekeeping policies and
				  procedures shall be established in accordance with §
											1.16.2(A)   of this
				  Part, for the operation of housekeeping services throughout the nursing
				  facility. Copies shall be available for all housekeeping personnel.
D. All parts of the nursing facility and its
				  premises shall be kept clean, neat and free of litter and rubbish and offensive
				  odors.
E. Equipment and supplies
				  shall be provided for cleaning of all surfaces. Such equipment shall be
				  maintained in a safe, sanitary condition and shall be properly
				  stored.
F. Hazardous cleaning
				  solutions, compounds, and substances shall be labeled, stored in a safe place,
				  and kept in an enclosed section separate from other cleaning materials.
G. Cleaning shall be performed in
				  a manner which will minimize the development and spread of pathogenic organisms
				  in the home environment.
H. Exhaust
				  ducts from kitchens and other cooking areas shall be equipped with proper
				  filters and cleaned at regular intervals. The ducts shall be cleaned as often
				  as necessary and inspected by the nursing facility no less than twice a
				  year.
I. Nursing facilities
				  contracting with outside resources for housekeeping services shall require
				  conformity with existing Regulations.
J. Each nursing facility shall be maintained
				  free from insects and rodents through the operation of a pest control
				  program.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.19 - Physical Plant

Current through June 14, 2024
1.19.1
New
				  Construction, Addition or Modification
A. All new construction, alterations,
				  extensions or modifications of an existing nursing facility, as defined in the
				  "Rules and Regulations for Determination of Need for New Health Care Equipment
				  and New Institutional Health Services," shall be subject to the following
				  provisions:
1. R.I. Gen. Laws Chapter 23-15
				  (Certificate of Need).
2. R.I. Gen.
				  Laws Chapter 23-1 (Department of Health).
3. Part 50-10-1 of this Title, Rhode Island
				  Food Code
4. FGI "Guidelines for
				  Design and Construction of Residential Health, Care and Support Facilities,
				  2018 edition.
5. R.I. Gen. Laws
				  Chapter 23-28.1 (Fire Safety Code - General Provisions)
6. 250-RICR-150-10-6, Rules Establishing
				  Minimum Standards Relating to Location, Design, Construction and Maintenance of
				  Onsite Wastewater Treatment Systems
7. ICC A117.1-2009
8. R.I. Gen. Laws Chapter 23-27.3 (State
				  Building Code)
9. Americans with
				  Disabilities Act
10. In addition,
				  any other applicable State and local laws, codes and Regulations shall apply.
				  Where there is a difference between codes, the code having the higher standard
				  shall apply.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.20 - Confidentiality - Variance and Appeal Procedure

Current through June 14, 2024
1.20.1
Confidentiality
A. Disclosure of
				  any health care information relating to individuals shall be subject to all the
				  statutory and regulatory provisions pertaining to confidentiality including but
				  not limited to the provisions of R.I. Gen. Laws Chapter 5-37.3.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.21 - Exception and Severability

Current through June 14, 2024
1.21.1
Exception
A. Modification of any
				  individual standard in this Part, for experimental or demonstration purposes,
				  or as deemed appropriate by the licensing agency, provided that such
				  modification will not be contrary to the public interest and the public health,
				  or to the health and safety of residents, shall require advance written
				  approval by the licensing agency and should be requested in accordance with the
				  format outlined in §
											1.20.2   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 1 - Licensing of Nursing Facilities › Section 216-RICR-40-10-1.22 - Licensing Procedures, Definitions, and Conditions for Resident-Directed Homes

Current through June 14, 2024
1.22.1
Purpose
A. Section 1.22 of this
				  Part establishes requirements to implement the provisions of R.I. Gen. Laws
				  §
											23-17-44(e). For the purpose of this Part, the expansion of the bed
				  capacity of a nursing facility pursuant to R.I. Gen. Laws §
											23-17-44(e) 
				  shall be designated as a "Resident-directed Home."
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.1 - Authority

Current through June 14, 2024
A. These Regulations are promulgated pursuant
				  to the authority conferred under R.I. Gen. Laws Chapter 23-17.4, and are
				  established for the purpose of defining the minimum standards for licensed
				  assisted living residences in Rhode Island; for the care of residents in an
				  assisted living residence; for the maintenance and operation of assisted living
				  residences which will:
1. Promote the dignity,
				  individuality, independence, privacy, and autonomy of residents;
2. Provide a safe and home-like environment;
				  and
3. Protect the safety, health
				  and welfare of residents; for the encouragement of quality of life for all
				  residents; and for the encouragement of quality in all aspects of the
				  operations of assisted living residences.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate Dietary Reference Intakes: The
				  Essential Guide to Nutrient Requirements, National Academies Press, 2006, 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 ANSI A117.1 - 2009 Accessible and Usable Buildings
				  and Facilities, International Code Council, 2009 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. These Regulations hereby adopt and
				  incorporate Kroger, Andrew, et al. "General Recommendations on Immunization:
				  Recommendations of the Advisory Committee on Immunization Practices (ACIP),"
				  Morbidity and Mortality Weekly Report Recommendations and Reports, vol. 60, no.
				  RR02, 2011,
https://www.cdc.gov/mmwr/preview/mmwrhtml/rr6002a1.htm
,
				  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.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.3 - Definitions

Current through June 14, 2024
A. Whenever used in these Regulations, the
				  following terms shall be construed as follows:
1. "Abuse" means any assault as defined in
				  R.I. Gen. Laws Chapter 11-5 including, but not limited to hitting, kicking,
				  pinching, slapping or the pulling of hair, provided however, unless such is
				  required as an element of offense, it shall not be necessary to prove that the
				  patient or resident was injured thereby, or any assault as defined in R.I. Gen.
				  Laws Chapter 11-37 or any offense under R.I. Gen. Laws Chapter 11-10; or
a. Any conduct which harms or is likely to
				  physically harm the resident except where the conduct is a part of the care and
				  treatment, and in furtherance of the health and safety of the resident;
				  or
b. Intentionally engaging in a
				  pattern of harassing conduct which causes or is likely to cause emotional or
				  psychological harm to the resident, including but not limited to ridiculing or
				  demeaning a patient or resident, making derogatory remarks to a patient or
				  resident or cursing directed towards a patient or resident, or threatening to
				  inflict physical or emotional harm on a patient.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.4 - Licensure Requirements

Current through June 14, 2024
2.4.1
General
				  Requirements for Licensing
A. No
				  person, acting alone or jointly with any other person, shall conduct or
				  maintain an assisted living residence in Rhode Island without a license in
				  accordance with the requirements of R.I. Gen. Laws §
											23-17.4-4 and in
				  conformity with these Regulations.
1. All
				  assisted living residences are subject to and must meet the requirements of
				  §
												2.4   of this Part to obtain and renew an assisted living residence
				  license.
2. Any assisted living
				  residence which offers to provide or provides services to residents with
				  Alzheimer disease or other dementia by means of an Alzheimer Dementia/Special
				  Care Unit/Program is also subject to the requirements of §
												2.5   of this
				  Part to obtain and renew a license endorsement which authorized these
				  activities.
3. Any assisted living
				  residence which offers to provide or provides limited health services to
				  residents is also subject to the requirements of §
												2.6   of this Part to
				  obtain and renew a license endorsement which authorized these
				  activities.
4. Any assisted living
				  residence that offers to provide or provides services for residents receiving
				  hospice services who are bed-bound or in need of assistance from more than one
				  staff person for ambulation is required to be licensed at the F1 level, as
				  defined in §
												2.4.2(A)(1)(a)   of this Part, and must have a license
				  endorsement, issued pursuant to these regulations, to provide limited health
				  services, and shall, at a minimum provide services for stage I and stage II
				  pressure ulcer treatment and prevention and meet the requirements of §
												2.6    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 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.5 - Alzheimer Dementia Special Care Unit/Program License Requirements

Current through June 14, 2024
2.5.1
Applicability
A. Any assisted living residence that offers
				  to provide or provides services to residents with Alzheimer disease or other
				  dementia by means of an Alzheimer Dementia/Special Care Unit/Program shall be
				  required to meet all requirements of §§
											2.4  and  2.5   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 2 - Licensing Assisted Living Residences › Section 216-RICR-40-10-2.6 - Limited Health Services License Requirements

Current through June 14, 2024
2.6.1
Applicability
A. Any assisted
				  living residence that offers to provide or provides limited health services to
				  residents shall be required to meet all requirements of §§
											2.4  and
				   2.6   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 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-17-10,
					 and are established for the purpose of adopting minimum requirement for the
					 licensure of organized ambulatory care facilities in Rhode
					 Island.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate the Facility Guidelines Institute's
				  "Guidelines for Design and Construction of Hospital and Outpatient Facilities"
				  (2014) 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 the U.S. Department of Health
				  && Human Services, Office of Minority Health's "National Standards on
				  Culturally and Linguistically Appropriate Services (CLAS)" (2013) 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.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.4 - Licensing Procedures

Current through June 14, 2024
3.4.1
General
				  Requirements for Licensure
A. No
				  person or governmental unit acting severally or jointly with any other person
				  or governmental unit shall conduct, maintain or operate or hold itself out as
				  an OACF in Rhode Island without a license in accordance with the requirements
				  of R.I. Gen. Laws §
											23-17-4,
				  and shall meet the requirements of this Part.
1. Notwithstanding the requirements of
				  §3.4.1 of this Part, a health care facility licensed as an OACF in Rhode
				  Island, may provide services at other locations (premises) operated by that
				  licensed OACF, without the requirement of a separate OACF license for such
				  other locations.
2. Each premises
				  proposed for addition to an OACF license pursuant to §3.4.1(A)(1) of this
				  Part shall be approved by the Department prior to the inclusion of that
				  premises on the OACF license and commencement of operations at that
				  location.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.5 - Organization and Management

Current through June 14, 2024
3.5.1
Governing Body or Other Legal Authority
A. Each OACF shall have an organized
				  governing body or other legal authority, ultimately responsible for:
1. The management and fiduciary control of
				  the operation and maintenance of the OACF;
2. The conformity of the OACF with all
				  federal, state and local laws and rules and regulations pertaining to fire,
				  safety, sanitation, communicable and reportable diseases, patient care and
				  other relevant health and safety requirements and this Part.
3. The administration of a policy of
				  non-discrimination in the provision of services to patients and the employment
				  of persons without regard to race, color, creed, national origin, gender,
				  religion, sexual orientation, age, handicapping condition or degree of
				  handicap, in accordance with Title VI of the Civil Rights Act of 1964; U.S.
				  Executive Order #11246 entitled "Equal Employment Opportunity", U.S. Department
				  of Labor regulations; Title V of the Rehabilitation Act of 1973, the Rhode
				  Island Fair Employment Practices Act, R.I. Gen. Laws Chapter 28-5 et seq.; the
				  Americans with Disabilities Act; and any other federal or state laws relating
				  to discriminatory practices.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.7 - Physical Plant and Equipment

Current through June 14, 2024
3.7.1
Physical Facility
A. All
				  construction shall be subject to the laws, rules, regulations and codes of R.I.
				  Gen. Laws Chapters 23-17, 23-28.1, and "Guidelines for Design and Construction
				  of Hospital and Outpatient Facilities" incorporated above at §
											3.2(A)   of
				  this Part, and all other appropriate state and local laws, codes, regulations
				  and ordinances. Where there is a difference between codes, the code having the
				  more stringent standard shall apply.
B. All plans for new construction or the
				  renovation, alteration, extension, modification or conversion of an existing
				  facility that may affect compliance with "Guidelines for Design and
				  Construction of Hospital and Outpatient Facilities" incorporated above at
				  §
											3.2(A)   of
				  this Part shall be reviewed by a licensed architect, acceptable to the
				  Director. Said architect shall certify that the plans conform to the
				  construction requirements of "Guidelines for Design and Construction of
				  Hospital and Outpatient Facilities" incorporated above at §
											3.2(A)   of
				  this Part, prior to construction. The facility shall maintain a copy of the
				  plans reviewed and the architect's signed certification, for review by the
				  Department upon request.
1. In the event of
				  non-conformance for which the facility seeks a variance, the general procedures
				  outlined in §3.8.1 of this Part shall be followed. Variance requests shall
				  include a written description of the entire project, details of the
				  non-conformance for which the variance is sought and alternate provisions made,
				  as well as detailing the basis upon which the request is made. The Department
				  may request additional information while evaluating variance
				  requests.
2. If variances are
				  granted, a licensed architect shall certify that the plans conform to all
				  construction requirements of "Guidelines for Design and Construction of
				  Hospital and Outpatient Facilities" incorporated above at §
												3.2(A)   of
				  this Part, except those for which variances were granted, prior to
				  construction. The facility shall maintain a copy of the plans reviewed, the
				  variance(s) granted and the architect's signed certification, for review by the
				  Department upon request.
C. Upon completion of construction, the
				  facility shall provide written notification to the Department, describing the
				  project, and a copy of the architect's certification. The facility shall obtain
				  authorization from the Department prior to occupying/re-occupying the area. At
				  the discretion of the Department, an on-site visit may be
				  required.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.8 - PRACTICES AND PROCEDURES, CONFIDENTIALITY

Current through June 14, 2024
3.8.1
Variance Procedures
A. The
				  Department may grant a variance either upon its own motion or upon request of
				  the applicant from the provisions of any rule or regulation in a specific case
				  if it finds that a literal enforcement of such provision will result in
				  unnecessary hardship to the applicant and that such a variance will not be
				  contrary to the public interest, public health and/or health and safety of
				  patients.
B. A request for a
				  variance shall be filed by an applicant in writing, setting forth in detail the
				  basis upon which the request is made.
1. Upon
				  the filing of each request for variance with the Department, and within a
				  reasonable time thereafter, the Department shall notify the applicant by
				  certified mail of its approval or in the case of a denial, a hearing date, time
				  and place may be scheduled if the facility appeals the denial and in accordance
				  with the provisions of §3.8.2 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 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.1 - Authority

Current through June 14, 2024
A. These regulations are promulgated pursuant
				  to the authority conferred under R.I. Gen. Laws §§
										23-17-10 and
				   23-17.14-31,
				  as amended, and are established for the purpose of adopting prevailing
				  standards for licensed hospitals in this state.
B. The Director of the Department of Health
				  is authorized to establish as part of these regulations quality and
				  volume-related standards to be achieved and maintained for specific tertiary
				  health care services offered by individual licensed health care facilities
				  where peer reviewed medical and health literature establishes significant
				  relationships between desired quality related outcomes and volume of services
				  provided. (See R.I. Gen. Laws §
										23-17-45).
				  Pursuant to the provisions of R.I. Gen. Laws §
										42-35-2.9,
				  the following were given consideration in arriving at the regulations:
				  alternative approaches to the regulations; and duplication or overlap with
				  other state regulations. Based on the available information, no known
				  alternative approach, duplication or overlap was identified.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.4 - Licensing Procedures

Current through June 14, 2024
4.4.1
General
				  Requirements for Licensure
A. No
				  person acting severally or jointly with any other person, shall establish,
				  conduct or maintain a hospital in this state without a license in accordance
				  with the requirements of R.I. Gen. Laws §
											23-17-4.
B. A certificate of need is required as a
				  precondition to the establishment of a new hospital, and such other activities
				  in accordance with "Rules and Regulations for Determination of Need for New
				  Health Care Equipment and New Institutional Health Services."
C. Each premises and the related operations
				  of a licensed hospital shall be approved by the Department of Health prior to
				  the inclusion of that premises on the hospital license and commencement of
				  operations at that location.
1. The hospital
				  shall have a written lease, contract, or other legal document in place for use
				  of space on premises not owned by the hospital.
D. The hospital shall maintain current
				  accreditation by any organization granted deeming authority by the federal
				  Centers for Medicare and Medicaid Services (CMS).
E. The hospital shall be subject to the
				  provisions of R.I. Gen. Laws Chapter 23-17.17, and the Rules and Regulations
				  Related to the Health Care Quality Program (Part
				  10-10-7
				  of this Title) promulgated by the Department. Nothing in these regulations
				  should be construed to be inconsistent with the Rules and Regulations Related
				  to the Health Care Quality Program.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.5 - Organization && Management

Current through June 14, 2024
4.5.1
Governing Body
A. Each hospital
				  shall have an organized governing body or other legal authority, responsible
				  for:
1. the management and control of the
				  operation of the hospital; and
2.
				  the conformity of the hospital with all federal, state and local laws and
				  regulations relating to fire, safety, sanitation, communicable and reportable
				  diseases; and
3. other relevant
				  health and safety requirements and with these regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.6 - Patient Care Services

Current through June 14, 2024
4.6.1
Admission, Transfer && Discharge
A. Each hospital shall have written
				  admission, transfer and discharge policies and procedures pertaining to at
				  least the following:
1. types of clinical
				  conditions acceptable for admission to specific levels of care and appropriate
				  clinical departments or services;
2. informing and offering advance directives
				  to all patients upon admission;
3.
				  constraints imposed by limitations of services, physical facilities or staff
				  coverage;
4. emergency
				  admissions;
5. requirements for
				  informed consent signed by patient or legal representatives for diagnostic and
				  treatment procedures;
6. internal
				  transfer of patients from one level or type of care to another;
7. discharge and termination of services;
				  and
8. provisions for a mechanism
				  for recording, transmitting patient-specific information to other health care
				  providers and receiving information essential to the continuity of patient
				  care. (This mechanism shall include the required use of the Department's
				  Continuity of Care form. See also §4.6.1(C)(3)(c) of this Part);
				  and
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.7 - Environmental && Maintenance Services

Current through June 14, 2024
4.7.1
Housekeeping and Maintenance Services
A. Written housekeeping and maintenance
				  procedures shall be established for the cleaning of all areas in the hospital
				  based on the guidelines of Health Care Environmental Services: Housekeeping
				  Departmental Training Manual, incorporated above at §
											4.2(A)(6)   of
				  this Part. Copies shall be made available to housekeeping personnel.
B. All parts of the hospital and its premises
				  shall be kept clean, neat, free of litter and rubbish, and all furnishings
				  maintained in good repair.
C.
				  Equipment and supplies shall be provided for cleaning of all surfaces. Such
				  equipment shall be maintained in a safe, sanitary condition.
D. Hazardous cleaning solutions, compounds,
				  and substances shall be labeled, stored in a safe place, and kept in an
				  enclosed section separate from other cleaning materials.
E. Cleaning shall be performed in a manner
				  which will minimize the spread of pathogenic organisms in the hospital
				  atmosphere.
F. Exhaust ducts from
				  kitchens and other cooking areas shall be equipped with proper filters and
				  cleaned at regular intervals. The ducts shall be cleaned and inspected no less
				  than twice a year.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.8 - Physical Plant

Current through June 14, 2024
4.8.1
New
				  Construction, Addition or Modification
A. All new construction, alterations,
				  extensions or modifications of an existing facility shall be subject to the
				  laws, rules, regulations and codes:
1.
				  Guidelines for Design and Construction of Hospital and Health Care Facilities,
				  incorporated above at §
												4.2(A)(10)
				    of this Part.
2. Rhode Island State
				  Fire Safety Code, R.I. Gen. Laws Chapter 23-28.1.
3. Rhode Island State Building Code, R.I.
				  Gen. Laws Chapter 23-27.3.
4.
				  Department of Environmental Management's Air Pollution Control Regulation No.
				  12: Incinerators (250-RICR- 120-05-12).
5. NFPA 1: Fire Code, incorporated above at
				  §
												4.2(A)(13)   of this Part.
6. Lighting for Hospitals and Healthcare
				  Facilities, incorporated above at §
												4.2(A)(11)
				    of this Part.
7. "Guidelines for
				  Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care
				  Facilities," incorporated above at §
												4.2(A)(7)   of
				  this Part.
8. All other appropriate
				  state and local laws, codes, regulations, and ordinances.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 4 - Licensing of Hospitals › Section 216-RICR-40-10-4.9 - Confidentiality, Variance && Severability

Current through June 14, 2024
4.9.1
Confidentiality
Disclosure of any health care information relating to
					 individuals shall be subject to the provisions of all relevant statutory and
					 federal requirements governing confidentiality of health care information
					 including but not limited to the provisions of R.I. Gen. Laws Chapter
					 5-37.3.
4.9.2
Variance
				  Procedure
A. The licensing agency may
				  grant a variance upon request of the applicant from the provisions of any these
				  regulations, if it finds in specific cases, that a literal enforcement of such
				  provision will result in unnecessary hardship to the applicant and that such a
				  variance will not be contrary to the public interest.
B. A request for a variance shall be filed by
				  an applicant in writing, setting forth in detail the basis upon which the
				  request is made.
1. Upon filing of each
				  request for variance with the licensing agency and within a reasonable time
				  thereafter, the licensing agency shall notify the applicant by certified mail
				  of its approval or in the case of a denial, a hearing date, time and place may
				  be scheduled if the facility appeals the denial. Such hearing must be held in
				  accordance with the provisions of §4.9.4 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 5 - Licensing of Freestanding Ambulatory Surgical Centers (216-RICR-40-10-5) › Section 216-RICR-40-10-5.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-17-10 and are established for the purpose of adopting minimal standards for licensed
					 freestanding ambulatory surgical centers in this state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 5 - Licensing of Freestanding Ambulatory Surgical Centers (216-RICR-40-10-5) › Section 216-RICR-40-10-5.2 - Definitions

Current through June 14, 2024
A. Wherever used in these rules and
				  regulations the following terms shall be construed as follows:
1. "Change of operator" means a transfer by
				  the governing body or operator of a licensed freestanding ambulatory surgical
				  center ("FASC") 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 chief
				  executive officer of the FASC;
b.
				  Maintain and control the books and records of the FASC;
c. Dispose of assets and incur liabilities on
				  behalf of the FASC;
d. Adopt and
				  enforce policies regarding operation of the FASC.
e. This definition is not applicable to
				  circumstances wherein the governing body of a FASC retains the immediate
				  authority and jurisdiction over the activities enumerated in §§
												5.2(A)(1)(a) through
				  (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 5 - Licensing of Freestanding Ambulatory Surgical Centers (216-RICR-40-10-5) › Section 216-RICR-40-10-5.3 - Licensing Procedures and Definitions

Current through June 14, 2024
5.3.1
General Requirements for Licensure
A. No person acting severally or jointly with
				  any other person, shall establish, conduct or maintain a FASC in this state
				  without a license in accordance with the requirements of R.I. Gen. Laws §
											23-17-4.
B. A certificate of need is required as a
				  precondition to the establishment of a new FASC and such other activities in
				  accordance with R.I. Gen. Laws Chapter 23-15.