Rules and Regulations for Behavioral Healthcare Organizations

212-RICR-10-10-01 ACTIVE RULE

My Page Title

1.1Authority, Purpose and Applicability

1.2Relevant Federal Law and Incorporated Materials

1.3Definitions, General Requirements, and Procedures

1.4Organization and Management

1.5Rights of Persons Served in Residential Programs

1.6Services and Programs

Title 212 Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 10 Licensing and General Administration
Subchapter 10 Behavioral Healthcare Organizations
Part 01 Rules and Regulations for Behavioral Healthcare Organizations
Type of Filing Amendment
Regulation Status Active
Effective 01/01/2024

Regulation Authority:

R.I. Gen. Laws § 40.1-1-13(a)(12)
R.I. Gen. Laws § 40.1-2-2
R.I. Gen. Laws § 40.1-3-7
R.I. Gen. Laws § 40.1-5-3(g)
R.I. Gen. Laws § 40.1-5.4-11
R.I. Gen. Laws § 40.1-8.5-7(1)
R.I. Gen. Laws § 40.1-24-9
R.I. Gen. Laws § 40.1-24-11
R.I. Gen. Laws § 40.1-24.5-2(c)
R.I. Gen. Laws § 40.1-25.1-6

Purpose and Reason:

The regulatory changes proposed in this filing are identical to the regulatory language currently in effect as of 08/09/2023. Amendments to 212-RICR-10-10-01 were originally noticed for public comment on 06/15/2023. During the public comment period, a technical error within the RICR system may have prevented comments submitted through RICR’s attachment field from being received by the agency. Any comments submitted directly through RICR’s text box option (with no attachments) or submitted directly to the agency were processed successfully. 

As a result of the technical error, the agency is repromulgating the regulatory changes (effective as of 08/09/2023) to ensure that the public has full access to submit public comments as originally intended. The regulatory language included in this notice shows the redlined changes proposed in the most recent promulgation as well as redlined changes made as a logical outgrowth of the initial public comment period. The agency is noticing these changes for additional public comment.

These regulations are being issued so that BHDDH may continue its standard Behavioral Healthcare Organization (BHO) regulations but also adds new regulation sections that permit BHDDH to license a new category of group home known as Enhanced Mental Health Psychiatric Rehabilitative Residences (E-MHPRR), which will allow discharge of psychiatric inpatients who no longer require “hospital level of care.” The new language is approximately ten pages long and begins on page 57 in the attached 87-page BHO regulations.

The affected regulations are 210-RICR-10-1-01 § 1.6.12.F (p. 58) and § 1.6.12.G (p. 67).