Section 216-RICR-40-10-18.8 - Practices and Procedures, Confidentiality and Severability18.8.1Variance ProceduresA. The Department may grant a variance either upon its own motion or upon request of the applicant from the provisions of any Rule or Regulation in a specific case if it finds 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 the filing of each request for variance with the Department, and within a reasonable time thereafter, the Department 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 and in accordance with the provisions of § 18.8.3 of this Part.18.8.2Deficiencies and Plans of CorrectionA. The Department shall notify the governing body or other legal authority of a school-based health center of violations of individual standards through a notice of deficiencies which shall be forwarded to the school-based health center within fifteen (15) days of inspection of the school-based health center 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 school-based health center which received a notice of deficiencies must submit a plan of correction to the Department 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 therefor.C. The Department will be required to approve or reject the plan of correction submitted by a school-based health center in accordance with § 18.8.2(B) of this Part within fifteen (15) days of receipt of the plan of correction.D. If the Department rejects the plan of correction, or if the school-based health center does not provide a plan of correction within the fifteen (15) day period stipulated in § 18.8.2(C) of this Part, or if a school-based health center whose plan of correction has been approved by the Department fails to execute its plan within a reasonable time, the Department may invoke the sanctions enumerated in § 18.4.5 of this Part. If the school-based health center is aggrieved by the action of the Department, the school-based health center may appeal the decision and request a hearing in accordance with R.I. Gen. Laws Chapter 4235.E. The notice of the hearing to be given by the Department shall comply in all respects with the provisions of R.I. Gen. Laws Chapter 42-35. The hearing shall in all respects comply with the provisions therein.18.8.3Rules Governing Practices and ProceduresAll hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-17, shall be held in accordance with Part 10-05-4 of this Title, Practices and Procedures Before the Rhode Island Department of Health and Part 10-05-1 of this Title, Access to Public Records.
18.8.4ConfidentialityDisclosure of any health care information relating to individuals shall be subject to the provisions of the Confidentiality Act of R.I. Gen. Laws Chapter 5-37.3 and other relevant statutory and Federal requirements.
216 R.I. Code R. § 216-RICR-40-10-18.8
Amended effective 12/19/2021