Section 216-RICR-40-10-8.9 - Practices and Procedures, Confidentiality8.9.1 Variance Procedure A. 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 any 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 thirty (30) days 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 §8.9.2 of this Part.8.9.2 Deficiencies and Plans of Correction A. The Department shall notify the governing body or other legal authority of a facility of violations of individual standards through a notice of deficiencies which shall be forwarded to the facility within fifteen (15) days of inspection of the facility 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 facility 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 a facility in accordance with §8.9.2(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 facility does not provide a plan of correction within the fifteen (15) day period stipulated in §8.9.2(C) of this Part, or if a facility 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 §8.4.5 of this Part. If the facility is aggrieved by the sanctions of the Department, the facility 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 of Health shall comply in all respects with the provisions of R.I. Gen. Laws Chapter 42-35. The hearing in all respects shall comply with all provisions therein.8.9.3 Rules Governing Practices and Procedures All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-17, shall be held in accordance with the provisions of Part 10-05-4 of this Title [Practices and Procedures Before the Department of Health].
8.9.4 Confidentiality Disclosure of any health care information relating to individuals shall be subject to the provisions of R.I. Gen. Laws Chapter 5-37.3 and other relevant statutory and federal requirements.
216 R.I. Code R. § 216-RICR-40-10-8.9
Amended effective 11/25/2018