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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5147 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000038 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING |
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| 16 | 16 | | ACT |
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| 17 | 17 | | Introduced By: Representatives McNamara, and Ackerman |
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| 18 | 18 | | Date Introduced: January 18, 2023 |
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| 19 | 19 | | Referred To: House Health & Human Services |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence 1 |
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| 24 | 24 | | Licensing Act" is hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 23-17.4-10.3. Informal dispute resolution process. 3 |
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| 26 | 26 | | (a) The licensee or its designee has the right to an informal dispute resolution process to 4 |
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| 27 | 27 | | dispute any violation found or enforcement remedy imposed by the licensing agency during an 5 |
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| 28 | 28 | | inspection or complaint investigation. The purpose of the informal dispute resolution process is to 6 |
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| 29 | 29 | | provide an opportunity for an exchange of information that may lead to the modification, deletion, 7 |
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| 30 | 30 | | or removal of a violation, or parts of a violation, or enforcement remedy imposed by the licensing 8 |
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| 31 | 31 | | agency. 9 |
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| 32 | 32 | | (b) The informal dispute resolution process provided by the licensing agency shall include 10 |
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| 33 | 33 | | an opportunity for review by a licensing agency employee who did not participate in, or oversee, 11 |
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| 34 | 34 | | the determination of the violation or enforcement remedy under dispute. 12 |
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| 35 | 35 | | (c) A request for an informal dispute resolution shall be made to the licensing agency within 13 |
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| 36 | 36 | | ten (10) business days from the receipt of a written finding of a violation or enforcement remedy. 14 |
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| 37 | 37 | | The request shall identify the violation or violations and enforcement remedy or remedies being 15 |
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| 38 | 38 | | disputed. Thereafter, the licensing agency shall convene a meeting with the licensee within ten (10) 16 |
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| 39 | 39 | | business days of receipt of the request for informal dispute resolution, unless by mutual agreement 17 |
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| 40 | 40 | | a later date is agreed upon. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000038 - Page 2 of 3 |
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| 44 | 44 | | (d) If the licensing agency determines that a violation or enforcement remedy should not 1 |
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| 45 | 45 | | be cited or imposed, the licensing agency shall delete the violation or immediately rescind or 2 |
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| 46 | 46 | | modify the enforcement remedy. If the licensing agency determines that a violation should have 3 |
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| 47 | 47 | | been cited under a different more appropriate regulation, the licensing agency shall revise the 4 |
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| 48 | 48 | | report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing 5 |
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| 49 | 49 | | agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of 6 |
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| 50 | 50 | | enforcement action. 7 |
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| 51 | 51 | | (e) The licensee shall submit to the licensing agency, within the time period prescribed by 8 |
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| 52 | 52 | | the licensing agency, a plan of correction to address any undisputed violations, and including any 9 |
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| 53 | 53 | | violations that still remain following the informal dispute resolution. 10 |
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| 54 | 54 | | (f) The licensing agency shall promulgate regulations implementing the informal dispute 11 |
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| 55 | 55 | | resolution process established in this section no later than January 1, 2024. 12 |
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| 56 | 56 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 57 | 57 | | ======== |
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| 58 | 58 | | LC000038 |
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| 59 | 59 | | ======== |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | LC000038 - Page 3 of 3 |
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| 63 | 63 | | EXPLANATION |
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| 64 | 64 | | BY THE LEGISLATIVE COUNCIL |
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| 65 | 65 | | OF |
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| 66 | 66 | | A N A C T |
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| 67 | 67 | | RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING |
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| 68 | 68 | | ACT |
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| 69 | 69 | | *** |
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| 70 | 70 | | This act would require the department of health to establish an informal dispute resolution 1 |
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| 71 | 71 | | (IDR) process to provide for an exchange of information that may lead to the modification, deletion, 2 |
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| 72 | 72 | | or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department 3 |
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| 73 | 73 | | of health. The department of health would be required to promulgate implementing regulations by 4 |
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| 74 | 74 | | January 1, 2024. 5 |
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| 75 | 75 | | This act would take effect upon passage. 6 |
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| 76 | 76 | | ======== |
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| 77 | 77 | | LC000038 |
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| 78 | 78 | | ======== |
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