Licensing of Nursing Facilities (216-RICR-40-10-1)


216-RICR-40-10-1 ACTIVE RULE EMERGENCY RULE

Title 216 Department of Health
Chapter 40 Professional Licensing and Facility Regulation
Subchapter 10 Facilities Regulation
Part 1 Licensing of Nursing Facilities (216-RICR-40-10-1)
Type of Filing Amendment
Regulation Status Active
Effective 08/31/2021 to 12/28/2021

Regulation Authority :

R.I. Gen. Laws § 23-17-10

Purpose and Reason :

Establishes routine testing for COVID-19 of all unvaccinated nursing home residents and vaccinated and unvaccinated personnel which includes employees, as well as volunteers, students, trainees or any individual whether paid or unpaid directly employed by or under contract with the nursing home on a part time or full-time basis. By testing all unvaccinated personnel routinely, the transmission of COVID-19 in nursing facilities can be reduced. 

Brief statement of Reason for Finding Imminent Peril :

As of July 6, 2021, powers conferred upon the governor by law for disaster emergency response cannot exceed a period of one hundred eighty (180) days from the date of the emergency order or proclamation of a state of disaster emergency, unless and until the general assembly extends the one hundred eighty (180) day period by concurrent resolution. Despite temporary preservation by law of the March 9, 2020 Declaration of Disaster and several related executive orders, a number of COVID-19-related executive orders have terminated. Certain provisions within those terminated executive orders remain necessary to protect the public health, safety, and welfare from imminent peril due to COVID-19. This emergency rule is being promulgated contemporaneously with a proposed final rule in order to prevent the spread of COVID-19 in healthcare settings.