216 R.I. Code R. § 216-RICR-40-10-16.6 - Issuance and Renewal of License
A. Upon receipt of
an application for a license, the state agency issue a license or renewal
thereof for a period of no more than one (1) year if the applicant meets the
requirements of R.I. Gen. Laws Chapter 23-17 and this Part. Said license,
unless sooner suspended or revoked, shall expire by limitation on the 31st day
of December following its issuance and may be renewed from year to year after
inspection and approval by the state agency.
1. All renewal applications shall be
accompanied by an annual inspection fee as set forth in the Fee Structure for
Licensing, Laboratory and Administrative Services Provided by the Department of
Health (Part 10-05-2 of this Title) per facility plus an additional fee per
licensed bed as set forth in the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health (Part 10-05-2 of
this Title).
B. A license
shall be issued to a specific licensee for a specific location and shall not be
transferable. The license shall be issued only for the premises and the
individual owner, operator or lessee, or to the corporate entity responsible
for its governance, as identified in the application.
1. Any change in owner, operator, or lessee
of a licensed rehabilitation hospital center shall require prior review by the
Health Services Council and approval of the state agency as provided in §
16.6(E) of
this Part as a condition precedent to the transfer, assignment or issuance of a
new license.
C. A license
issued hereunder shall be the property of the state and loaned to such licensee
and it shall be kept posted in a conspicuous place on the licensed
premises.
D. Reviews of
applications for changes in the owner, operator, or lessee of licensed
rehabilitation hospital centers shall be conducted according to the following
procedures:
1. Within ten (10) working days
of receipt, in acceptable form, of an application for a license in connection
with a change in the owner, operator or lessee of an existing rehabilitation
hospital center, the state agency will notify and afford the public thirty (30)
days to comment on such application.
2. The decision of the state agency will be
rendered within ninety (90) days from acceptance of the application.
3. The Health Services Council shall transmit
its advisory to the state agency in writing. The decision of the licensing
agency shall be based upon the findings and recommendations of the Health
Services Council unless the state agency shall afford written justification for
variance therefrom.
4. All
applicants reviewed by the state agency and all written materials pertinent to
the state review, including minutes of all Health Services Council meetings,
shall be accessible to the public upon request.
E. Except as otherwise provided in the Act
(R.I. Gen. Laws Chapter 23-17), a review by the Health Services Council of an
application for a license, in the case of a proposed change in the owner,
operator, or lessee of a licensed rehabilitation hospital center may not be
made subject to any criterion unless the criterion directly relates to the
statutory purpose expressed in R.I. Gen. Laws §
23-17-3. In
conducting reviews of such applications the Health Services Council shall
specifically consider and it shall be the applicant's burden of proof to
demonstrate:
1. The character, commitment,
competence, and standing in the community of the proposed owners, operators or
directors of the rehabilitation hospital center as evidenced by:
a. In cases where the proposed owners,
operators, or directors of the health care facility currently own, operate, or
direct a health care facility, or in the past five years owned, operated or
directed a health care facility, whether within or outside Rhode Island, the
demonstrated commitment and record of that (those) person(s):
(1) In providing safe and adequate treatment
to the individuals receiving the health care facility's services;
(2) In encouraging, promoting and effecting
quality improvement in all aspects of health care facility services;
and
(3) In providing appropriate
access to health care facility services;
b. A complete disclosure of all individuals
and entities comprising the applicant; and
c. The applicant's proposed and demonstrated
financial commitment to the health care facility.
2. The extent to which the center will
continue, without material effect on its viability at the time of change of
owner, operator or lessee, to provide safe and adequate treatment for
individuals receiving the rehabilitation hospital center's services as
evidenced by:
a. The immediate and long term
financial feasibility of the proposed financing plan;
(1) The proposed amount and sources of
owner's equity to be provided by the applicant;
(2) The proposed financial plan for operating
and capital expenses and income for the period immediately prior to, during and
after the implementation of the change in owner, operator or lessee of the
health care facility;
(3) The
relative availability of funds for capital and operating needs;
(4) The applicant's demonstrated financial
capability;
(5) Such other
financial indicators as may be requested by the state agency.
3. The extent to which
the center will continue to provide safe and adequate treatment for individuals
receiving the rehabilitation hospital center's services and the extent to which
the facility will encourage quality improvement in all aspects of the operation
of the health care facility as evidenced by:
a. The applicant's demonstrated record in
providing safe and adequate treatment to individuals receiving services at
facilities owned, operated, or directed by the applicant; and
b. The credibility and demonstrated or
potential effectiveness of the applicant's proposed quality assurance
programs.
4. The extent
to which the center will continue to provide appropriate access with respect to
traditionally underserved populations as evidenced by:
a. In cases where the proposed owners,
operators, or directors of the health care facility currently own, operate, or
direct a health care facility, or in the past five years owned, operated or
directed a health care facility, both within and outside of Rhode Island, the
demonstrated record of that person(s) with respect to access of traditionally
under served populations to its health care facilities; and
b. The proposed immediate and long-term plans
of the applicant to ensure adequate and appropriate access to the programs and
health care services to be provided by the health care facility.
5. In consideration of the
proposed continuation or termination of health care services by the
rehabilitation hospital center:
a. The
effect(s) of such continuation or termination on access to safe and adequate
treatment of individuals, including but not limited traditionally underserved
populations.
b. And in cases where
the application involves a merger, consolidation or otherwise legal affiliation
of two or more health care facilities, the proposed immediate and long term
plans of such health care facilities with respect to the health care programs
to be offered and health care services to be provided by such health care
facilities as a result of the merger, consolidation or otherwise legal
affiliation.
F.
Subsequent to reviews conducted under §§
16.6(D) and
(E) of this Part, the issuance of a license
by the licensing agency may be made subject to any condition, provided that no
condition may be made unless it directly relates to the statutory purpose
expressed in R.I. Gen. Laws §
23-17-3, or
to the review criteria set forth in §
16.6(E) of
this Part. This shall not limit the authority of the state agency to require
correction of conditions or defects which existed prior to the proposed change
of owner, operator, or lessee and of which notice had been given to the
facility by the licensing agency.
Notes
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