9.8.1
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 rules and regulation herein, if it finds in specific cases, that a
literal enforcement of such provision will result in unnecessary hardship to
the applicant and that such a variance will not be contrary to the public
interest, public health and/or health and safety of patients.
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 filing of each
request for variance with the licensing agency and within thirty (30) days
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 facility appeals the denial. Such hearing must be held in
accordance with the provisions of §9.8.2 of this
Part.
9.8.2
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 which 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 therefore.
C. The licensing
agency will be required to approve or reject the plan of correction submitted
by a facility 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, 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 herein. If the facility is aggrieved by the action of
the licensing agency, the facility may appeal the decision regarding sanctions
and request a hearing in accordance with R.I. Gen. Laws Chapter
42-35.
9.8.3
Rules
Governing Practices and Procedures
All hearings and reviews required under the provisions of
R.I. Gen. Laws Chapter 23-17 shall be held in accordance with the provisions of
the rules and regulations promulgated by the Rulesand Regulations Pertaining to
Practices and Procedures Before the Department of Health.
9.8.4
Confidentiality
Disclosure of any health care information relating to
individuals shall be subject to the provisions of the Confidentiality Act and
other relevant statutory and federal requirements.
9.8.5
Severability
If any provision of the rules and regulations herein or the
application to any facility or circumstances shall be held invalid, such
invalidity shall not affect the provisions or application of the rules and
regulations which can be given effect, and to this end the provisions of the
rules and regulations are declared to be severable.
