§ 23-17-14.4 - Procedures for review.
SECTION 23-17-14.4
§ 23-17-14.4 Procedures for review. –(a) Within ten (10) working days of receipt, in acceptable form, of anapplication for an initial license or a license in connection with a change inthe owner, operator, or lessee of any existing health care facility, thelicensing agency will notify and afford the public an opportunity to comment onthe application.
(b) The recommendations of the health services council andthe decision of the licensing agency will be rendered within ninety (90) daysof acceptance of the application for license.
(c) The licensing agency shall promulgate in rules andregulations procedures and criteria for expedited review of licensureapplications. The criteria for expedited review consideration shall include,but not be limited to, all of the following: (1) that the licensure applicationis solely for initial licensure; (2) that the legal entity seeking a licensecurrently is the licensee for one or more Rhode Island licensed health carefacilities whose records of compliance are deemed by the licensing agency todemonstrate the legal entity's ability and commitment to provide quality healthcare services; and (3) that the licensure application demonstrates complete andsatisfactory compliance with review criteria in § 23-17-14.3. Thelicensing agency shall exercise its discretion in granting expedited review oflicense applications and a decision by the licensing agency not to process anapplication on an expedited review basis shall be final and shall not besubject to appeal.
(d) The decision of the licensing agency shall be based uponthe findings and recommendations of the health services council unless thelicensing agency shall afford written justification for variance from thesefindings and recommendations.
(e) All applications reviewed by the licensing agency and allwritten materials pertinent to licensing agency review, including minutes ofall health services council meetings, shall be accessible to the public uponrequest.
(f) Any person holding a valid certificate of need issuedpursuant to chapter 15 of this title, shall be exempt from the requirements of§ 23-17-14.3 or 23-17-14.4 of this chapter for initial facility licensure.
(g) Any person holding a valid license for an outpatientrehabilitation center intended to be operational for less than twelve (12)months and so indicated upon its application shall surrender its license uponcessation of patient care operations for that operational season. Within aperiod not to exceed twelve (12) months from the surrender, the person mayapply for a new license for the identical activities and premises authorized bythe previous but surrendered license, and shall be exempt from the requirementsof § 23-17-14.3 or 23-17-14.4 for initial facility licensure.