Section 212-RICR-10-00-1.5 - License Issuance and Renewal and Initial Licensure Review1.5.1General Requirements An application for licensure is required for an initial license; for license renewal; for changes in owner, operator, or lessee; and when there is a new legal affiliation of two (2) or more Organizations.1.5.2LicensureA. All licensed DDOs, BHOs and CDOs that provide services to adults in Rhode Island must meet all the requirements contained in these regulations.B. An entity seeking to become a licensed DDO, BHO or CDO shall complete initial applications for licensure using the forms and in the format specified by the Department. Upon approval by the Department, an applicant shall be granted a license for a period of two (2) years.C. Upon approval by the Department, including an on-site review, an applicant for certification shall be granted provider service certifications that shall remain in effect for up to two (2) years. To remain a licensed provider, the provider must maintain active approved certifications.1.5.3Components of LicensingA. The licensing process shall include but is not limited to a review of the prospective Organization's: 3. Organizational background and corporate history.4. Experience providing services to individuals in RI and other states.6. Demonstrated commitment to individuals.7. Provisions for how individuals who are served participate in the operation of the Organization.8. Strategies for promoting community inclusion and membership. (DDO specific)9. Approach to the respectful, age-appropriate imagery of people with developmental disabilities, and strategies for increasing valued roles and perceptions of people in the community.10. Strategies for providing a voice in all aspects of daily life for the individuals the Organization serves.11. Human Rights Committee.17. Staff recruitment, selection, training and supervision approach.18. Criminal background checks.19. Conflicts of interest.20. Financial disclosure information.21. Audit (annually audited financial statements for past three (3) years).22. Fiscal capacity (including business plan if it is a new entity).25. Written policies and procedures.26. Certification Standards Application.B. The Organization shall demonstrate compliance with applicable laws and regulations. The Organization shall submit to readiness reviews and onsite visits to ensure preparedness for service provision.C. If an applicant fails to provide complete, accurate, and truthful information during the application and licensing process, the Department may cause licensure to be delayed, or may deny or revoke the license.D. Any applicant or person with a controlling interest in a BHO or DDO will be considered responsible for acts occurring during, and relating to, the operation of licensed services or Organization for purpose of licensing.E. The Department may consider the background and operating history of the applicant(s) and each person with a controlling ownership interest when determining to issue a license.F. When an application for initial licensure is made by an applicant(s) who owns or operates other licensed Community Residences or facilities in Rhode Island, the Department may deny the license if the applicant's existing Community Residences or facility(ies) are not, or have not been, in substantial compliance with the applicable Rhode Island licensing authority regulations and/or health and safety standards.G. All applicants must fulfill the applicable requirements described in this Part.1.5.4Application ProcessA. Upon receipt and approval of an application for a license, the Department shall issue a license or renewal thereof for a period of no more than two (2) years, if the applicant meets the requirements of the rules and regulations herein and the other applicable standards and requirements contained in other regulations. 1. A license shall not be transferable, except with the written approval of the Department. The license shall be issued only for the individual owner, program sponsor, operator, or lessee or to the corporate entity responsible for its governance.B. The procedure for renewing a license is to submit a renewal application on a form provided by the Department sixty (60) days prior to the expiration date of the current license.C. A license continues in effect after the end of the licensure period if the Organization has submitted a timely and sufficient renewal application and there are no grounds to deny the license under any provision of this Part.D. The Organization shall notify the Office of Licensure and Standards in writing of any plans to suspend services or end services or to close a program at least ninety (90) days prior to any proposed suspension, cessation or closure.E. The license shall be returned to the Department immediately upon surrender, suspension or revocation of the license.F. The procedure for applying for approval for alterations or additions to a current facility may be made by completing an application change form provided by the Department and by attaching plans and specifications prior to commencement of construction pursuant to R.I. Gen. Laws § 40.1-24-11.1.5.5 License ModificationA. Upon written request of the Organization, on the license change form provided by the Department, the license may be modified during the term of the license with respect to the populations served, the programs and services offered, the locations where programs and services are provided, the maximum number of persons served in residential programs and homes, and any stipulations. Approval of such request shall be at the sole discretion of the Department.B. Any change which requires a license modification shall not be implemented prior to approval by the Department.212 R.I. Code R. 212-RICR-10-00-1.5
Adopted effective 1/7/2019