Section 220-RICR-90-00-1.18 - Petition for Declaratory OrderA. This section and § 1.19 of this Part state the requirements for submitting a request for a Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.B. The following definitions shall apply to this section and § 1.19 of this Part only: 1. "Declaratory Order" means an order issued by the Department that: a. Interprets or applies a statute administered by the Department;b. Clarifies whether a Rule, Guidance Document, or Order issued by the Department applies to a petitioner; orc. Clarifies how a Rule, Guidance Document, or Order issued by the Department applies to a petitioner.2. "Department" means HealthSource RI3. "Petition" means a request for a Declaratory Order.4. "Petitioner" means a person requesting a Declaratory Order.C. A request for Declaratory Order must be in writing and include the following information: 1. The name and address of the petitioner;2. A plain statement identifying the statute, Rule, Guidance Document, or Order at issue;3. A detailed statement of all facts relied upon by the petitioner;4. A copy of any and all documents relied upon by petitioner that are not otherwise accessible to the Department; and5. A plain statement requesting a Declaratory Order, and further indicating whether petitioner seeks: a. An interpretation or application of a statute administered by the Department;b. Clarification as to whether a Rule, Guidance Document, or Order issued by the Department applies to petitioner; and/orc. Clarification as to how a Rule, Guidance Document, or Order issued by the Department applies to petitioner.D. A request for a Declaratory Order must be submitted to: HealthSource RI
Attn: Legal Services
501 Wampanoag Trail
Suite 400
East Providence, RI 02915
220 R.I. Code R. 220-RICR-90-00-1.18
Amended effective 12/22/2019
Amended effective 12/31/2020
Amended effective 4/2/2023