2022 -- H 7502

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LC004212

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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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: February 16, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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

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

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     23-17.4-10.3. Informal dispute resolution process.

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

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

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

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

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

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agency.

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

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

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the determination of the violation or enforcement remedy under dispute.

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

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

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

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

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

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a later date is agreed upon.

 

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

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

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

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

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

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

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enforcement action.

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

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

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violations that still remain following the informal dispute resolution.

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

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resolution process established in this section no later than January 1, 2023.

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     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

***

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

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

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

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

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January 1, 2023.

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     This act would take effect upon passage.

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