Section 216-RICR-40-10-3.8 - PRACTICES AND PROCEDURES, CONFIDENTIALITY3.8.1Variance 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 §3.8.2 of this Part.3.8.2Deficiencies and Plans of CorrectionA. The Department shall notify the governing body or other legal authority of an OACF of violations of individual standards through a notice of deficiencies which shall be forwarded to the OACF f within fifteen (15) days of inspection of the OACF 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. An OACF 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 therefore.C. The Department will be required to approve or reject the plan of correction submitted by an OACF in accordance with §3.8.2(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 OACF does not provide a plan of correction within the fifteen (15) day period stipulated in §3.8.2(C) of this Part, or if an OACF 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 §3.4.7 of this Part. If the OACF is aggrieved by the action of the Department, the OACF may appeal the decision and request a hearing in accordance with R.I. Gen. Laws Chapter 42-35.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.3.8.3Rules 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 the provisions of the rules and regulations regarding Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title) and Access to Public Records (Part 10-05-1 of this Title).
3.8.4ConfidentialityDisclosure 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-40-10-3.8