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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