216-40-10 R.I. Code R. § 22.13

Current through June 12, 2024
Section 216-RICR-40-10-22.13 - Accelerated Review
A. Accelerated review may be requested by applicants on or before the date of the regular review cycle of January 10th or July 10th. In order to qualify for proposed processing under accelerated review, the state agency must identify and preliminarily determine that there is a prima facie demonstration of public need and affordability for the proposal. This identification and preliminary determination shall be made before the date scheduled for the initiation of Health Services Council review.
1. The state agency shall exercise its discretion, in accordance with the criteria set forth in § 22.13(A) of this Part, in proposing accelerated review. For those proposals for which the state agency proposes accelerated review, the state agency shall:
a. Make a written preliminary finding that the proposal presents a prima facie demonstration of public need and affordability consistent with the criteria set forth above, and
b. Make written preliminary findings consistent with the criteria set forth in §§ 22.14(C) and 22.14(D) of this Part.
2. The initiation of review notice provided to affected parties and to the public shall clearly indicate the state agency's intention to propose accelerated review. The public comment period for such reviews may be limited to twenty (20) days. The state agency may propose a preliminary report on such application provided such proposed report meets all the requirements of §§ 22.14(C) and 22.14(D) of this Part regarding required findings and review considerations. The Health Services Council may consider such proposed report and may provide its advisory to the Director of Health by adopting such report in amended or un-amended form. The Health Services Council, however, is not bound to accept such report nor is it bound to recommend to the Director that the proposal be processed under the accelerated review mechanism.
3. Written objections from affected persons directed to the processing under the accelerated review mechanism and/or the merits of the proposal shall be accepted during a twenty (20) day comment period which shall begin at the initiation of review. Objections to going forward with an accelerated review (as distinct from objections directed to the merits of the proposal) shall give clear, substantial, and unequivocal rationale as to why the proposal ought not to be processed under the accelerated review mechanism. The Health Services Council shall take under advisement all objections both as to the merits and as to proceeding with an abbreviated review and shall make a recommendation to the Director with respect to each. Should the Health Services Council not recommend to the Director that the proposal be processed under the accelerated review as initially proposed, such application may be processed consistent with the time frames and procedures for proposals not recommended for accelerated review and may be batched with those reviews which were contemporaneously initiated. If accelerated review is not granted, then the comment period may be forthwith extended consistent with the time frames and procedures in § 22.10(J) of this Part for proposals not under accelerated review or expeditious review. The Director, with the advice of the Health Services Council, shall make the final decision either to grant or to deny an accelerated review and shall make the final decision to grant or to deny the proposal on the merits within the accelerated review mechanism and time frames.
4. If applicable, the state budget office and hospital service corporations organized under R.I. Gen. Laws Chapter 27-19 shall provide the state agency with a cost impact analysis for the proposal.

216 R.I. Code R. § 216-RICR-40-10-22.13