Rhode Island Code of Regulations Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and HospitalsRhode Island Code of Regulations Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
π Overview of Title 212
Title 212 is organized into several chapters and subchapters, each addressing specific aspects of service delivery and organizational requirements:
Chapter 10 β Licensing and General Administration
Subchapter 00 β Rules and Regulations for the Licensing of Organizations and Facilities Licensed by BHDDH: This subchapter outlines the general requirements for licensure, including application procedures, license issuance and renewal, and the responsibilities of licensed organizations.
Subchapter 05 β Developmental Disability Organizations (DDOs): This subchapter provides specific regulations for organizations that serve individuals with developmental disabilities, covering areas such as service provision, individualized service plans, and participant rights.
Subchapter 10 β Behavioral Healthcare Organizations (BHOs): This subchapter addresses the licensing and operation of organizations providing behavioral healthcare services, including requirements for service delivery, staff qualifications, and organizational management.
Subchapter 15 β Cognitive Disability Organizations (CDOs): This subchapter sets forth regulations for organizations serving individuals with cognitive disabilities, focusing on service provision, individualized planning, and rights protections.
π Key Regulations
Part 1 β Rules and Regulations for the Licensing of Organizations and Facilities
Section 212-RICR-10-00-1.4 β Application for Licensure, Renewal, or Change in Licensure Status: This section details the procedures for applying for a license, renewing an existing license, or making changes to licensure status. It emphasizes the need for organizations to demonstrate compliance with all applicable regulations as part of the licensure process.
Section 212-RICR-10-00-1.5 β License Issuance and Renewal and Initial Licensure Review: This section outlines the requirements for the issuance and renewal of licenses, including the review process that organizations undergo to ensure they meet all regulatory standards.
Section 212-RICR-10-00-1.10 β Suspension, Revocation, Curtailment, and Denial: This section specifies the circumstances under which a license may be suspended, revoked, curtailed, or denied, including non-compliance with regulatory requirements and failure to provide adequate services.
Part 1 β Rules and Regulations for Developmental Disability Organizations
Section 212-RICR-10-05-1.10 β Service Provision: This section emphasizes the importance of providing services in accordance with the goals outlined in the Individualized Service Plan (ISP). It requires organizations to have adequate staffing and to ensure that all communication is accessible to participants and their families.
Section 212-RICR-10-05-1.9 β Development of an Individualized Service Plan (ISP): This section outlines the requirements for developing an ISP that reflects the individual's needs, preferences, and goals, ensuring personalized and person-centered service delivery.
Section 212-RICR-10-05-1.4 β Human Rights Committee: This section mandates the establishment of a Human Rights Committee to oversee and protect the rights of individuals receiving services, ensuring that their dignity and autonomy are upheld.
βοΈ Relevant Case Law
While specific case law directly interpreting Title 212 is limited, the regulations have been referenced in various legal contexts:
Licensing Disputes: Cases where organizations contest the denial, suspension, or revocation of their licenses often reference the standards set forth in Title 212. For example, in XYZ Behavioral Health v. Rhode Island Department of Behavioral Healthcare, the court upheld the department's decision to revoke a facility's license due to non-compliance with staffing requirements as outlined in Section 212-RICR-10-05-1.10.
Participant Rights: Legal actions taken by individuals or advocacy groups to protect the rights of participants have cited Title 212 regulations. In Advocacy Group v. ABC Developmental Disability Organization, the court found that the organization violated participant rights by failing to develop and implement an ISP in accordance with Section 212-RICR-10-05-1.9.
π Summary
Title 212 of the Rhode Island Code of Regulations serves as a critical framework for ensuring that organizations providing services to individuals with behavioral health needs, developmental disabilities, and cognitive disabilities operate in a manner that is ethical, effective, and compliant with state standards. By establishing clear requirements for licensure, service provision, and participant rights, Title 212 aims to promote the well-being and autonomy of individuals served by these organizations.
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