11.8.1
Variance Procedure
A. The licensing agency may grant a variance
either upon its own motion or upon request of the applicant from the provisions
of any rule or regulation in a specific case if it finds that a literal
enforcement of such provision will result in unnecessary hardship to the
applicant and that such variance will not be contrary to the public
interest.
B. A request for a
variance shall be filed by an applicant in writing setting forth in detail the
basis upon which the request is made.
1. Upon
the filing of each request for variance with the licensing agency and within a
reasonable time thereafter, the licensing agency shall notify the applicant by
certified mail of its approval or in the case of a denial, a hearing date,
time, and place may be scheduled if the hospice program appeals the
denial.
11.8.2
Deficiencies and Plans of Correction
A. The licensing agency shall notify the
governing body or other legal authority of a facility of violations of
individual standards through a notice of deficiencies which shall be forwarded
to the facility within fifteen (15) days of inspection of the facility unless
the Director determines that immediate action is necessary to protect the
health, welfare, or safety of the public or any member thereof through the
issuance of an immediate compliance order in accordance with R.I. Gen. Laws
§
23-1-21.
B. A facility that received a notice of
deficiencies must submit a plan of correction to the licensing agency within
fifteen (15) days of the date of the notice of deficiencies. The plan of
correction shall detail any requests for variances as well as document the
reasons therefor.
C. The licensing
agency will be required to approve or reject the plan of correction submitted
by a facility in accordance with §11.8.2(B) of this Part within fifteen
(15) days of receipt of the plan of correction.
D. If the licensing agency rejects the plan
of correction, or if the facility does not provide a plan of correction within
the fifteen (15) day period stipulated in §11.8.2(B) of this Part, or if a
facility whose plan of correction has been approved by the licensing agency
fails to execute its plan within a reasonable time, the licensing agency may
invoke the sanctions enumerated in §11.4.8 of this Part. If the facility
is aggrieved by the action of the licensing agency, the facility may appeal the
decision and request a hearing in accordance with R.I. Gen. Laws Chapter
42-35. The notice of the hearing
to be given by the Department shall comply in all respects with the provisions
of R.I. Gen. Laws Chapter
42-35. The hearing shall in all
respects comply with the provisions therein.
11.8.3
Uniform Reporting System
A. Each hospice program shall establish and
maintain records and data in such a manner as to make uniform a system of
periodic reporting. The manner in which the requirements of this Part may be
met shall be prescribed from time to time in directives promulgated by the
Director.
B. Each hospice program
shall report to the licensing agency detailed statistical data pertaining to
its operation and services. Such reports and data shall be made at such
intervals and by such dates as determined by the Director.
C. The licensing agency is authorized to make
the reported data available to any state or federal agency concerned with or
exercising jurisdiction over the hospice program.
D. The directives promulgated by the Director
pursuant to these regulations shall be sent to each hospice program to which
they apply. Such directives shall prescribe the form and manner in which the
statistical data required shall be furnished to the licensing agency.
11.8.4
Rules Governing
Practices and Procedures
All hearings and reviews required under the provisions of
R.I. Gen. Laws Chapte r
23-17 shall be held in accordance
with the provisions of the Rules and Regulations Pertaining to Practices and
Procedures Before the Rhode Island Department of Health and the Rules and
Regulations Pertaining to Access to Public Records of the Rhode Island
Department of Health.
11.8.5
Confidentiality
Disclosure of any health care information relating to
individuals shall be subject to the provisions of R.I. Gen. Laws Chapter
5-37.3, the Confidentiality of
Health Care Information Act, and other relevant state and federal statutory and
regulatory requirements.