§ 23-17-12.5. Complaints — Nursing homes.
(a) Complaints regarding a nursing facility that do not constitute patient abuse, neglect or mistreatment, as regulated under chapter 17.8 of this title, shall be investigated and evaluated by the department as follows:
(1) The investigation and evaluation shall be made within twenty-four (24) hours if the department has reasonable cause to believe the patient’s or resident’s health or safety is in “immediate jeopardy”; within seven (7) days for reports — deemed by the department to be of “non-immediate jeopardy — high potential for harm”; within twenty-one (21) days for reports deemed by the department to be of “non-immediate jeopardy — medium potential for harm”; and within sixty (60) days for reports deemed by the department to be of “non-immediate jeopardy — low potential for harm.”
(2) The investigation shall include a visit to the facility.
(3) Reports of complaint investigations shall be governed in accordance with chapter 17.8 of this title.
(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Immediate jeopardy” means a situation in which the nursing facility’s alleged noncompliance with one or more state or federal requirements or conditions has caused, or is likely to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(2) “Non-immediate jeopardy — high potential for harm” means a situation in which a nursing facility’s alleged noncompliance with one or more state or federal requirements or conditions may have caused harm that negatively impacts the individual’s mental, physical and/or psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(3) “Non-immediate jeopardy — medium potential for harm” means a situation in which a nursing facility’s alleged noncompliance with one or more state or federal requirements or conditions has caused or may have caused harm that is of limited consequence and does not significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(4) “Non-immediate jeopardy — low potential for harm” means a situation in which a nursing facility’s alleged noncompliance with one or more state or federal requirements or conditions may have caused mental, physical and/or psychosocial discomfort that does not constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(c) Avoidance of conflict. The department shall establish procedures to insure that the prioritization and classification of complaints received in accordance with section (a) above, and chapter 17.8 of this title, shall be independent of other nursing facility regulatory functions. The department shall include procedures to assure that no employee or agent of the department shall be participating in or supervising a complaint investigation concerning any facility to which that employee has any ownership, employment, or consultant arrangement. The restrictions imposed by the department under this subsection shall be in addition to, and not in place of, the requirements of chapter 14 of title 36.
(d) Interagency agreements. The department shall enter into interagency agreements with any other departments or agents of state government clarifying roles and responsibilities for the receipt and investigation of complaints regarding nursing facility care, including guidelines to allow an exchange of data unless such exchange is explicitly prohibited by law.
History of Section.P.L. 2005, ch. 156, § 3; P.L. 2005, ch. 248, § 3.
Structure Rhode Island General Laws
Chapter 23-17 - Licensing of Healthcare Facilities
Section 23-17-1. - Short title.
Section 23-17-2. - Definitions.
Section 23-17-3. - Purpose of provisions.
Section 23-17-4. - License required for healthcare facility operation.
Section 23-17-4.1. - Rules and regulations for school-based health centers.
Section 23-17-5. - Application for license.
Section 23-17-5.2. - Additional information required for license renewal of all nursing facilities.
Section 23-17-6. - Issuance of license — Posting — Transfer — Conditions.
Section 23-17-7. - Expiration and renewal of license.
Section 23-17-8. - Denial, suspension, or revocation of license.
Section 23-17-8.1. - Curtailment of activities.
Section 23-17-9. - Judicial review of license action.
Section 23-17-10.1. - Financial regulation of health maintenance organizations.
Section 23-17-10.3. - Special care unit disclosure by facilities.
Section 23-17-10.5. - Medical director and attending physician file.
Section 23-17-10.6. - Nursing facility wandering hazard prevention plans.
Section 23-17-11. - Abortion and sterilization — Protection for nonparticipation — Procedure.
Section 23-17-12. - Inspections — Nursing facilities.
Section 23-17-12.1. - Scope of inspections.
Section 23-17-12.2. - Time for correction of defects.
Section 23-17-12.3. - Penalty for violation of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.4. - Enforcement of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.5. - Complaints — Nursing homes.
Section 23-17-12.6. - Independent quality monitor, quality consultant and temporary manager.
Section 23-17-12.7. - Adverse change in financial condition.
Section 23-17-12.8. - Posting of nursing staff levels in nursing facilities.
Section 23-17-12.9. - Resident and family notification.
Section 23-17-12.10. - Quality predictive modeling — Established.
Section 23-17-12.11. - Nursing facility quality improvement program.
Section 23-17-13.1. - Health services council.
Section 23-17-14. - Functions of health services council.
Section 23-17-14.1. - Immunity for council members.
Section 23-17-14.2. - Compensation.
Section 23-17-14.3. - Review criteria.
Section 23-17-14.4. - Procedures for review.
Section 23-17-15. - Information confidential.
Section 23-17-15.1. - Reports public.
Section 23-17-16. - Annual report of activities.
Section 23-17-17. - Penalty for operation of unlicensed health care facility.
Section 23-17-18. - Obtaining treatment or services under false pretenses.
Section 23-17-19. - Injunction to restrain operation without license.
Section 23-17-19.1. - Rights of patients.
Section 23-17-19.2. - Posting of law.
Section 23-17-19.3. - Patients’ visitation rights.
Section 23-17-20. - Inapplicability.
Section 23-17-21. - Power of enforcement.
Section 23-17-22. - Severability.
Section 23-17-23. - Hospital disciplinary powers.
Section 23-17-24. - Internal risk management program.
Section 23-17-25. - Privileges and immunities for peer review activities.
Section 23-17-26. - Emergency health care.
Section 23-17-27. - Disclosure of nonparticipation in hospital service plan.
Section 23-17-28. - Health care cost containment.
Section 23-17-29. - Applicability.
Section 23-17-30. - Blood or tissue transfer services.
Section 23-17-31. - Human immunodeficiency virus (HIV) testing — Hospitals.
Section 23-17-31.1. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Section 23-17-32. - Mammograms — Quality assurance standards.
Section 23-17-33. - Pap smears — Quality assurance standards.
Section 23-17-35. - Prior criminal records checks.
Section 23-17-36. - Rules and regulations.
Section 23-17-37. - Disqualifying information.
Section 23-17-38. - Establishment of fees.
Section 23-17-38.1. - Hospitals — Licensing fee.
Section 23-17-39. - Immunity from liability.
Section 23-17-40. - Hospital and freestanding emergency-care facility events reporting.
Section 23-17-41. - Employer/employee relationships.
Section 23-17-42. - Home nursing care providers — Uncompensated care provisions.
Section 23-17-43. - Charity care requirements.
Section 23-17-45. - Quality standards for volume related tertiary services.
Section 23-17-46. - Financial interest disclosure.
Section 23-17-47. - Identification badges.
Section 23-17-48. - Labor disputes/actions.
Section 23-17-49. - Surgical procedures — General provisions.
Section 23-17-51. - Magnetic resonance imaging — Quality assurance standards.
Section 23-17-52. - Department of health concern line.
Section 23-17-53. - Physician contracts.
Section 23-17-54. - Provisions of interpreter services.
Section 23-17-55. - Severability.
Section 23-17-56. - School based health centers — Special requirements and exceptions.
Section 23-17-59. - Safe patient handling.
Section 23-17-60. - Compilation and publication of the charges for common hospital procedures.
Section 23-17-61. - Written estimates for hospital medical services.
Section 23-17-62. - Criminal records review — Long-term care hospital.
Section 23-17-63. - Patient safety — Circulating nurses required in operating rooms.
Section 23-17-64. - Influenza immunization.
Section 23-17-65. - Transparency of ownership in healthcare facilities.