(a) It is the intent of the General Assembly that the primary purpose of the licensing and regulation of long-term care facilities is to ensure that these facilities provide a high quality of care and quality of life to their residents.
(b) This chapter and the regulations adopted to implement it establish minimum acceptable levels of care. A violation of a minimum acceptable level of care is prohibited by law.
(c) The State shall undertake measures to prevent violations. Prevention shall be promoted through education, particularly regarding any new laws and regulations adopted by the State.
(d) The State shall undertake measures to assure that violations of this chapter and the regulations promulgated under this chapter are remedied. To that end, the Department shall do all of the following:
(1) Set standards of care.
(2) Determine compliance with those standards through inspections, investigations and other compliance measures.
(3) Impose sanctions and remedies for noncompliance.
(e) (1) The Department shall be responsible for issuing licenses and certifying the compliance of facilities with state laws and regulations.
(2) Each facility licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the regulations promulgated thereunder. Components of quality of care and quality of life addressed by this chapter and regulations promulgated thereunder include all of the following:
a. Access to care.
b. Continuity of care.
c. Comprehensiveness of care, including activities.
d. Coordination of services.
e. Humaneness of treatment and respect for the dignity of each resident.
f. Safety of the environment.
g. Qualifications of caregivers.
(f) This chapter and its regulations are intended for use in state inspections of facilities licensed under this chapter and any investigations and enforcement actions, and are designed to be useful to consumers and providers in assessing the quality of care provided in a facility.
(g) The consumer protection goal of ensuring that residents of long-term care facilities receive quality care shall be strived for in the following ways:
(1) Monitoring the factors relating to the health, safety, welfare and dignity of each resident.
(2) Providing effective remedies and requiring their prompt imposition for noncompliance with licensing standards.
(3) Providing the public with information concerning the operation of long-term care facilities in this State.
(h) This chapter shall be construed broadly to accomplish the purposes set forth in this section.
Structure Delaware Code
Chapter 11. Long-Term Care Facilities and Services.
Subchapter I. Licensing By The State
§ 1103. License and renewal requirement.
§ 1104. License and renewal application.
§ 1105. Denial of license or its renewal.
§ 1107. Inspections and monitoring.
§ 1108. Posting of inspection summary and other information and public meetings.
§ 1111. Overlap of state licensing and federal certification penalties.
§ 1112. Collection of civil penalties.
§ 1113. Other remedies for noncompliance.
§ 1114. Right to hearing on deficiencies and remedies for noncompliance.
§ 1116. Coordination of enforcement actions with the attorney general's office.
§ 1117. Retaliation or discrimination against complainant.
§ 1118. Third-Party reimbursement.
§ 1119A. Confidentiality of resident records.