216 R.I. Code R. 216-RICR-40-10-1.9

Current through November 7, 2024
Section 216-RICR-40-10-1.9 - Change of Ownership, Operation and/or Location
A. When a change of ownership, as defined in Part 22 of this Subchapter, Determination of Need for New Health Care Equipment and New Institutional Health Care Services, or in operation or location of a nursing facility or when discontinuation of services is contemplated the owner and/or operator shall notify the licensing agency in writing no later than six (6) weeks prior to the proposed action.
B. A license shall immediately become void and shall be returned to the licensing agency when operation of the nursing facility is discontinued, or when any changes in ownership occur in accordance with Part 22 of this Subchapter, Determination of Need for New Health Care Equipment and New Institutional Health Care Services.
C. When there is a change in ownership as defined in Part 22 of this Subchapter, Determination of Need for New Health Care Equipment and New Institutional Health Care Services, or in the operation or control of an existing nursing facility, the licensing agency reserves the right to extend the expiration date of such license, allowing the nursing facility to operate under the same conditions which applied to the prior operator, for such time as shall be required for the processing of a new application or for transfer of residents, not to exceed six (6) weeks.
1. The licensing agency shall be notified immediately when a licensee/owner determines to cease operations and close a nursing facility. A meeting shall be conducted with the licensing agency and prior to notice or notification to residents and the public to ensure there is a formal and comprehensive plan for an orderly closure, sixty (60) days' notice to residents, their guardian, or relative so appointed or elected to be his or her decision maker, and the safe, orderly discharge and transfer of residents.
2. The nursing facility closure plan shall include, but is not limited to, the following:
a. Letter of intent and/or determining factors/justification for the closure (i.e., voluntary, financial) to include:
(1) Proposed closure date;
(2) Contact information for staff member responsible for implementing the closure plan;
(3) Projected fiscal management plan covering operations during the closure period.
b. Staffing plan(s)
(1) By unit/program/location;
(2) Time line for individual closures of any unit/program/service location;
(3) Staff scale-down process as appropriate given planned transition/reduction of patients/residents.
c. Plans for providing notification and estimated implementation of notices
(1) Notice to third (3rd) party payers (i.e., Medicare/Medicaid);
(2) Notice to Accreditation entities - where appropriate;
(3) Notice to staff/union - meeting date(s);
(4) Public notice;
(5) Community/public meetings - if appropriate and/or planned.
d. Storage/access to medical records
(1) Location for self-storage; or
(2) Company/agency providing contract storage services.

216 R.I. Code R. 216-RICR-40-10-1.9

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