| Chapter 352 |
| 2023 -- H 5147 Enacted 06/26/2023 |
| 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 |
| 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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| LC000038 |
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