Rhode Island General Laws 23-17.11-12. Penalties
Any facility or person that intentionally fails to comply with §§ 23-17.11-4(c) and (d), 23-17.11-7 and 23-17.11-8 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for not more than one year. Each day of violation shall constitute a separate and distinct offense for calculation of the penalty. Each controlling person of a facility subject to penalties under this section shall be severally and personally liable for any fine, penalty or imprisonment provided in this section for violating §§ 23-17.11-4(c) and (d), 23-17.11-7, and 23-17.11-8 of this chapter.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
Terms Used In Rhode Island General Laws 23-17.11-12
- Controlling person: means any person or entity in control of a nursing facility directly or indirectly, including:
(i) In the case of a corporation or a limited liability company, or limited liability partnership, a person having a beneficial ownership interest of five percent (5%) or more in the corporation, limited liability company or limited liability partnership to which the facility is licensed;
(ii) In the case of a general partnership or limited partnership, any general partner;
(iii) In the case of a limited liability company, or limited liability partnership any member;
(iv) A legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof;
(v) Each of the president, vice president, secretary and treasurer of a corporation that is not exempt from taxation under § 501(a) of the United States Internal Revenue Code as an organization described in § 501(c)(3) of such code; and
(vi) Such other ownership interest or relationship as may be determined by the director. See Rhode Island General Laws 23-17.11-3
- Facility: means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
- Person: means any individual, trust or estate, partnership, limited liability company, limited liability partnership, corporation (including associations, joint stock companies and insurance companies), state or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-17.11-3