Licensing Assisted Living Residences (216-RICR-40-10-2)


216-RICR-40-10-2 ACTIVE RULE EMERGENCY RULE

Title 216 Department of Health
Chapter 40 Professional Licensing and Facility Regulation
Subchapter 10 Facilities Regulation
Part 2 Licensing Assisted Living Residences (216-RICR-40-10-2)
Type of Filing Amendment
Regulation Status Active
Effective 12/23/2020 to 04/22/2021

Regulation Authority :

Rhode Island General Laws § 23-17.4.

Purpose and Reason :

Establishes routine testing for COVID-19 of all 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 assisted living residences on a part time or full-time basis. By testing all personnel routinely, the transmission of COVID-19 in assisted living residences can be reduced. 

Brief statement of Reason for Finding Imminent Peril :

A new section 2.4.31 ("COVID-19 Practices and Procedures") is being added on an emergency basis to the Licensing of Assisted Living Residences Regulations (216-RICR-40-10-2) in accordance with the requirements of R.I. Gen. Laws Chapter 42-35. This new section will require COVID-19 testing of all personnel and residents of assisted living residences in Rhode Island at least once every fourteen (14) days. The purpose of this regulation is to more aggressively control the spread of COVID-19 in Rhode Island’s congregate care facilities, including assisted living residences, given the morbidity and mortality caused by COVID-19 in such settings since March 2020. In Rhode Island, 76 percent of assisted living residences have experienced COVID-19 infections.1 According to Kaiser Family Foundation data published on December 7, 2020,2 75 percent of all Rhode Island COVID-19 deaths have occurred in a long-term care congregate setting. COVID-19’s impact on this vulnerable population is dramatic and disproportionate to the general population. These emergency amendments are intended to improve safety in Rhode Island assisted living residences and mitigate the imminent peril COVID-19 represents to this vulnerable population during this challenging time. 1 See: Rhode Island Department of Health, NH/ALR Weekly Call Epi Update, December 15, 2020. Unpublished data but available upon request. 2 See: Kaiser Family Foundation, State Data and Policy Actions to Address Coronavirus, December 2020. Available online at: https://www.kff.org/health-costs/issue-brief/state-data-and-policy-actions-to-address-coronavirus/ Accessed December 7, 2020.