Section 218-RICR-40-00-1.6 - Termination, Appeal Procedures and Severability1.6.1Procedures for AppealAny complainant who is aggrieved by the decision of the Division after a hearing may appeal the decision to the Executive Office of Health and Human Services, as outlined under "Medicaid Code of Administrative Rules, Section #0110, 'Complaints and Appeals'".
1.6.2Complaints Regarding the Ombudsperson Program; Termination of Ombudsman ProgramA. All complaints concerning the Office shall be sent in writing to the Director of the Division. The director may request additional information relating to the specifics of the complaint. The Director shall exercise reasonable discretion in addressing each complaint.B. Termination: 1. In the event that the ombudsperson or the Office fails to comply with the provisions of these Regulations in whole or in part, the Division may, after specifying any alleged breach, default, or non-compliance in writing to the Ombudsperson and after allowing a reasonable time, but not less than fifteen (15) calendar days for correction thereof, withdraw the ombudsperson program from the agency where the Office is situated by sending written notice of termination which specifies the reasons for termination to the agency, at least fifteen (15) calendar days prior to the effective date of termination.2. Notwithstanding the provisions governing appeals set forth in §1.6.1 of this Part and elsewhere in §1.6.2 of this Part, if the Division determines that any action or omission on the part of the Office endangers life, health, and safety of residents or staff of any facility, it shall withdraw the ombudsperson program from the agency where the Office is situated by orally notifying the agency of termination followed by the mailing of written notification, return receipt requested, within seven (7) calendar days following the oral notification, setting forth the reasons for termination. a. Termination pursuant to this subsection shall take effect upon the oral notification.b. The Division shall forward with such written notification a notice that the terminated program shall have the right to request an appeal of such action to the Division's hearing office pursuant to §1.6.1 of this Part.3. Upon withdrawal of the ombudsperson program from an agency by the Division, the Division likewise shall terminate the funding status of such ombudsperson program for the balance of the funding period.4. Except as otherwise set forth herein, the ombudsperson program shall continue at the agency during the pendency of the appeal, subject to an adverse decision pursuant to the appeal.1.6.3Severability If any provision of R.I. Gen. Laws Chapter 42-66.7, as amended, or any rule or regulation made under said Chapter, or the application of any provision of this Chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the Chapter, rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section of this Chapter shall not affect the validity of the remainder of this Chapter and to this end the provisions of the Chapter are declared to be severable.
218 R.I. Code R. 218-RICR-40-00-1.6