TITLE 23
Health and Safety

CHAPTER 23-15
Determination of Need for New Health-Care Equipment and New Institutional Health Services

SECTION 23-15-5


§ 23-15-5 Expeditious review.

(a) Any person who proposes to offer or develop new institutional health services or new health care equipment for documented emergency needs; or for the purpose of eliminating or preventing documented fire or safety hazards affecting the lives and health of patients or staff; or for compliance with accreditation standards required for receipt of federal or state reimbursement; or for any other purpose that the state agency may specify in rules and regulations, may apply for an expeditious review. The state agency may exercise its discretion in recommending approvals through an expeditious review, except that no new institutional health service or new health care equipment may be approved through the expeditious review if provision of the new institutional health service or new health care equipment is contra-indicated by the state health plan as may be formulated by the state agency. Specific procedures for the conduct of expeditious reviews shall be promulgated in rules and regulations adopted by the state agency with the advice of the health services council.

(b) The decision of the state agency not to conduct an expeditious review shall be reconsidered upon a written petition to the state agency, and the state agency shall be required to respond to the written petition within ten (10) days stating whether expeditious review is granted. If the request for reconsideration is denied, the state agency shall state the reasons in writing why the expeditious request had been denied.

(c) The decision of the state agency in connection with an expeditious review shall be rendered within thirty (30) days after the commencement of said review.

(d) Any healthcare facility that provides a service performed in another state and that is not performed in the state of Rhode Island, or such service is performed in the state on a very limited basis, shall be granted expeditious review upon request under this section, provided that such service, among other things, has a clear effect on the timeliness, access, or quality of care and is able to meet licensing standards.

History of Section.
(P.L. 1978, ch. 269, § 3; G.L. 1956, § 23-17-5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-15-5; P.L. 1980, ch. 80, § 1; P.L. 2014, ch. 267, § 2; P.L. 2014, ch. 316, § 2.)