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.
4.9.3
Deficiencies && Plans of Correction
A. The licensing agency shall notify the
governing body or other legal authority of a facility of violations of
individual standards through a notice of deficiencies which shall be forwarded
to the facility within fifteen (15) days of inspection of the facility unless
the Director determines that immediate action is necessary to protect the
health, welfare, or safety of the public or any member thereof through the
issuance of an immediate compliance order in accordance with R.I. Gen. Laws
§
23-1-21.
B. A facility which received a notice of
deficiencies must submit a plan of correction to the licensing agency within
fifteen (15) days of the date of the notice of deficiencies.
C. The licensing agency will be required to
approve or reject the plan of correction submitted by a facility in accordance
with §4.9.3(B) of this Part within fifteen (15) days of receipt of the
plan of correction.
D. If the
licensing agency rejects the plan of correction, or if the facility does not
provide a plan of correction within the fifteen (15) day period stipulated in
§4.9.3(B) of this Part, or if a facility whose plan of correction has been
approved by the licensing agency fails to execute its plan within a reasonable
time, the licensing agency may invoke the sanctions enumerated in §4.46 of
this Part. If the facility is aggrieved by the sanctions of the licensing
agency, the facility may appeal the decision and request a hearing in
accordance with R.I. Gen. Laws Chapter 42-35.
E. The notice of the hearing to be given by
the Department of Health shall comply in all respects with the provisions of
R.I. Gen. Laws Chapter 42-35. The hearing shall in all respects comply with the
provisions therein.
4.9.4
Rules Governing Practices && Procedures
All hearings and reviews required under the provisions of
R.I. Gen. Laws Chapter 23-17, as amended, shall be held in accordance with the
provisions of the Rules and Regulations Pertaining to Practices and Procedures
Before the Rhode Island Department of Health (Part 10-05-4 of this
Title).
4.9.5
Severability
If any provision of these regulations or the application
thereof to any facility or circumstances shall be held invalid, such invalidity
shall not affect the provisions or application of the regulations which can be
given effect, and to this end the provisions of the regulations are declared to
be severable.
