2020 -- H 7574 | |
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LC004470 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCES | |
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Introduced By: Representatives McNamara, Ackerman, Jackson, Alzate, and Casimiro | |
Date Introduced: February 13, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence |
2 | Licensing Act" is hereby amended by adding thereto the following section: |
3 | 23-17.4-10.3. Informal dispute resolution process. |
4 | (a) The licensee or its designee has the right to an informal dispute resolution process to |
5 | dispute any violation found or enforcement remedy imposed by the licensing agency during an |
6 | inspection or complaint investigation. The purpose of the informal dispute resolution process is to |
7 | provide an opportunity for an exchange of information that may lead to the modification, |
8 | deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the |
9 | licensing agency. |
10 | (b) The informal dispute resolution process provided by the licensing agency shall |
11 | include an opportunity for review by a licensing agency employee who did not participate in, or |
12 | oversee, the determination of the violation or enforcement remedy under dispute. |
13 | (c) A request for an informal dispute resolution shall be made to the licensing agency |
14 | within ten (10) business days from the receipt of a written finding of a violation or enforcement |
15 | remedy. The request shall identify the violation or violations and enforcement remedy or |
16 | remedies being disputed. Thereafter, the licensing agency shall convene a meeting with the |
17 | licensee within ten (10) business days of receipt of the request for informal dispute resolution, |
18 | unless by mutual agreement a later date is agreed upon. |
19 | (d) If the licensing agency determines that a violation or enforcement remedy should not |
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1 | be cited or imposed, the licensing agency shall delete the violation or immediately rescind or |
2 | modify the enforcement remedy. If the licensing agency determines that a violation should have |
3 | been cited under a different more appropriate regulation, the licensing agency shall revise the |
4 | report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing |
5 | agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of |
6 | enforcement action. |
7 | (e) The licensee shall submit to the licensing agency, within the time period prescribed by |
8 | the licensing agency, a plan of correction to address any undisputed violations, and including any |
9 | violations that still remain following the informal dispute resolution. |
10 | (f) The licensing agency shall promulgate regulations implementing the informal dispute |
11 | resolution process established in this section no later than January 1, 2021. |
12 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCES | |
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1 | This act would require the department of health to establish an informal dispute |
2 | resolution (IDR) process to provide for an exchange of information that may lead to the |
3 | modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy |
4 | imposed by the department of health. The department of health would be required to promulgate |
5 | implementing regulations by January 1, 2021. |
6 | This act would take effect upon passage. |
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