Section 216-RICR-40-10-1.11 - Denial, Suspension, Revocation of License or Curtailment of Activities and SanctionsA. The licensing agency is authorized to deny, suspend, revoke the license, or curtail the activities of any nursing facility which has: 1. Failed to comply with this Part;2. Aided, abetted or permitted any illegal act or conduct adverse to the health, welfare and safety of residents or of the general public; or3. Failed to comply with municipal, state or federal law.B. In those instances wherein the licensing agency determines that a nursing facility licensed in accordance with R.I. Gen. Laws Chapter 23-17 is not being operated in conformity with all of the requirements herein, the licensing agency may (in lieu of suspension or revocation) curtail activities of the nursing facility, order the licensee to be placed on probationary status and set conditions with which the licensee must comply within a set period of time, order the licensee to admit no additional persons to the nursing facility, to provide health services to no additional persons through the nursing facility, to transfer all or some of the persons occupying the nursing facility to other suitable accommodations, or to take any other corrective action necessary to secure compliance with the requirements established under the Act. Notice of the order and any subsequent hearing that may be scheduled shall comply with the requirements of procedural due process stipulated in R.I. Gen. Laws § 23-17-8. Such action may be taken only when the licensing agency determines that operation of the nursing facility shall not result in undue hardship to residents. 1. Notice of an order to curtail any or all activities of a nursing facility in accordance with § 1.12(B) of this Part shall be made in writing by certified mail and shall state the reason thereof, the action to be taken by the licensee and the time within which said action shall be taken.C. When the licensing agency deems that operation of a nursing facility results in undue hardship to residents as a result of deficiencies enumerated in the notice of deficiencies, the licensing agency is authorized to suspend the license for a stipulated period of time or to revoke the license of a nursing facility.D. Whenever an action shall be proposed to deny, suspend or revoke the license or curtail activities of a licensee, the licensing agency shall notify the nursing facility, setting forth reasons for the proposed action, and the applicant or licensee shall be given an opportunity for a prompt and fair hearing in accordance with R.I. Gen. Laws Chapter 42-35.1. However, if the licensing agency finds that public health, safety, or welfare, including the health and safety of residents, imperatively requires emergency action and incorporates a finding to that effect in its order, the licensing agency may order summary suspension of license pending proceedings for revocation or other action.E. The appropriate state and federal placement and reimbursement agencies shall be notified of any action taken by the licensing agency pertaining to either denial, suspension or revocation of license or curtailment of activities of any nursing facility.216 R.I. Code R. 216-RICR-40-10-1.11
Amended effective 7/3/2022
Amended effective 8/25/2022
Amended effective 10/2/2023, exp. 1/30/2024(Emergency)
Amended effective 3/7/2024