2023 -- H 5147

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LC000038

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING

ACT

     Introduced By: Representatives McNamara, and Ackerman

     Date Introduced: January 18, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence

Licensing Act" is hereby amended by adding thereto the following section:

     23-17.4-10.3. Informal dispute resolution process.

     (a) The licensee or its designee has the right to an informal dispute resolution process to

dispute any violation found or enforcement remedy imposed by the licensing agency during an

inspection or complaint investigation. The purpose of the informal dispute resolution process is to

provide an opportunity for an exchange of information that may lead to the modification, deletion,

or removal of a violation, or parts of a violation, or enforcement remedy imposed by the licensing

agency.

     (b) The informal dispute resolution process provided by the licensing agency shall include

an opportunity for review by a licensing agency employee who did not participate in, or oversee,

the determination of the violation or enforcement remedy under dispute.

     (c) A request for an informal dispute resolution shall be made to the licensing agency within

ten (10) business days from the receipt of a written finding of a violation or enforcement remedy.

The request shall identify the violation or violations and enforcement remedy or remedies being

disputed. Thereafter, the licensing agency shall convene a meeting with the licensee within ten (10)

business days of receipt of the request for informal dispute resolution, unless by mutual agreement

a later date is agreed upon.

     (d) If the licensing agency determines that a violation or enforcement remedy should not

be cited or imposed, the licensing agency shall delete the violation or immediately rescind or

modify the enforcement remedy. If the licensing agency determines that a violation should have

been cited under a different more appropriate regulation, the licensing agency shall revise the

report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing

agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of

enforcement action.

     (e) The licensee shall submit to the licensing agency, within the time period prescribed by

the licensing agency, a plan of correction to address any undisputed violations, and including any

violations that still remain following the informal dispute resolution.

     (f) The licensing agency shall promulgate regulations implementing the informal dispute

resolution process established in this section no later than January 1, 2024.

     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 RESIDENCE LICENSING

ACT

***

     This act would require the department of health to establish an informal dispute resolution

(IDR) process to provide for an exchange of information that may lead to the modification, deletion,

or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department

of health. The department of health would be required to promulgate implementing regulations by

January 1, 2024.

     This act would take effect upon passage.

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LC000038

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