Section 216-RICR-40-10-16.6 - Issuance and Renewal of LicenseA. 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; andc. 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; andb. 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; andb. 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.216 R.I. Code R. § 216-RICR-40-10-16.6