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Subchapter I. Licensing By The State
§ 1101. Purpose and overview. - (a) It is the intent of the General Assembly that...
§ 1102. Definitions. - As used in this chapter: (1) “Controlling person” means: a....
§ 1103. License and renewal requirement. - (a) A person may not establish, conduct, or maintain any...
§ 1104. License and renewal application. - (a) An application for a license or renewal of a...
§ 1105. Denial of license or its renewal. - (a) The Department may deny a license to any applicant...
§ 1106. License fees. - (a) (1) The fees for issuance and renewal of licenses...
§ 1107. Inspections and monitoring. - (a) The Department shall inspect each long-term care facility on...
§ 1108. Posting of inspection summary and other information and public meetings. - (a) Each facility shall prominently and conspicuously post for display...
§ 1109. Civil penalties. - (a) (1) The Department may impose civil money penalties for...
§ 1111. Overlap of state licensing and federal certification penalties. - (a) The Department may not collect a civil monetary penalty...
§ 1112. Collection of civil penalties. - (a) All civil penalties collected under this chapter must be...
§ 1113. Other remedies for noncompliance. - In addition to civil money penalties, the Department may impose...
§ 1114. Right to hearing on deficiencies and remedies for noncompliance. - The due process protections of notice and opportunity to be...
§ 1115. Injunctive relief. - In addition to any other remedy provided by law, the...
§ 1116. Coordination of enforcement actions with the attorney general's office. - (a) The Department and the Attorney General shall work in...
§ 1117. Retaliation or discrimination against complainant. - (a) A licensee or other person may not discriminate or...
§ 1118. Third-Party reimbursement. - Consistent with federal law, 42 U.S.C. § 1395i-3 (c)(5), with...
§ 1119A. Confidentiality of resident records. - To protect the privacy of residents of a long-term care...
§ 1119B. Pediatric nursing services. - A facility that provides services to a resident younger than...
§ 1119C. Regulations. - (a) The Department has the authority to adopt, amend, repeal,...
Subchapter II. Rights of Residents.
§ 1121. Resident's rights. - (a) It is the intent of the General Assembly, and...
§ 1122. Devolution of rights. - Where consistent with the nature of each right in §...
§ 1123. Notice to patient. - (a) Section 1121 of this title shall be posted conspicuously...
§ 1124. Staff training; issuance of regulations. - (a) Each facility shall provide appropriate staff training to implement...
§ 1125. Investigation of grievances. - (a) The Department shall independently investigate any grievance concerning long-term...
§ 1126. Recording anatomical gift data. - (a) All long-term care facilities shall, if possible, ascertain from...
§ 1127. Resident transfer or discharge. - (a) The facility must permit each resident to remain in...
Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents
§ 1131. Definitions. - For purposes of this subchapter: (1) “Abuse” means the infliction...
§ 1132. Reporting requirements. - (a) (1) Any employee of a facility or person who...
§ 1133. Contents of reports. - The reports required under this subchapter must contain all of...
§ 1134. State response to reports of adult abuse, neglect, mistreatment, financial exploitation, or medication diversion. - (a) The Department shall ensure that patients or residents are...
§ 1135. Immunities and other protections. - (a) A person making any oral or written report under...
§ 1136. Violations. - (a) Any person who knowingly or recklessly abuses, mistreats, or...
§ 1137. Suspension or revocation of license for violation by licensed or registered professional. - On a finding of abuse, neglect, mistreatment, or medication diversion...
§ 1138. Suspension or revocation of license for violation by facility. - On a finding that abuse, neglect, mistreatment, financial exploitation, or...
§ 1139. Treatment by spiritual means. - Nothing in this subchapter may be construed to mean that...
§ 1140. Jurisdiction. - The Superior Court shall have original and exclusive jurisdiction over...
Subchapter IV. Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance with Title XIX of the Social Security Act.
§ 1141. Criminal background checks. - (a) Purpose. — The purpose of the criminal background check...
§ 1142. Mandatory drug screening. - (a) An employer may not employ an applicant without first...
§ 1143. Standards of care for nursing homes providing care to Medicaid recipients. - (a) Any nursing facility as defined in 42 U.S.C. §...
§ 1144. Influenza immunizations. - (a) Nursing and assisted living facilities shall annually offer, beginning...
Subchapter V. Criminal Background Checks; Drug Testing — Home-Care Agencies.
§ 1145. Criminal background checks. - (a) Purpose. — The purpose of the criminal background check...
§ 1146. Mandatory drug screening. - (a) [Repealed.] (b) An employer may not employ any applicant...
Subchapter VI. Office of the Long-Term Care Ombudsperson
§ 1150. Creation of Office. - There is hereby established within the Department of Health and...
§ 1151. Definitions. - As used in this subchapter: (1) “Agency” means any private...
§ 1152. Purpose and duties. - The purpose of the Ombudsperson is to provide a program...
§ 1153. Access to facilities and patient records. - (a) The Ombudsperson shall have access to any facility or...
§ 1154. Good faith immunity. - (a) Persons and agencies participating in an investigation under this...
§ 1155. Sanctions for interference with Ombudsperson. - (a) No person, agency or long-term care facility shall wilfully...
§ 1156. Jurisdiction. - (a) Justices of the Peace shall have jurisdiction over violations...
Subchapter VII. Minimum Staffing Levels for Residential Health Facilities
§ 1161. Definitions. - (a) “Advanced practice nurse” shall mean an individual whose education...
§ 1162. Nursing staffing. - (a) Every residential health facility must at all times provide...
§ 1163. Activities staffing. - (a) All residential health facilities licensed for 30 beds or...
§ 1164. Nutrition and dietetics staffing. - Every residential health facility must at all times provide nutrition...
§ 1165. Social services staffing. - All residential health facilities shall employ a full-time social worker,...
§ 1166. Medicaid reimbursement. - (a) The Medicaid reimbursement program shall be adjusted to reflect...
§ 1167. Outcomes monitoring. - In addition to compliance monitoring, the Division shall use data...
§ 1168. Waiver. - A residential health facility may seek from the Delaware Nursing...
§ 1169. Regulations. - The Department shall promulgate and adopt rules and regulations to...
Subchapter VIII. Nursing Facility Quality Assessment Fund
§ 1180. Definitions. - As used in this subchapter: (1) [Repealed]. (2) “CMS” means...
§ 1181. Nursing Facility Quality Assessment Fund — Establishment; funding. - (a) There shall be established in the State Treasury and...
§ 1182. Use of Nursing Facility Quality Assessment Fund; payments. - (a) Funds deposited into the Nursing Facility Quality Assessment Fund...
§ 1183. Nursing facility rate adjustments. - (a) Medicaid enrolled nursing facilities that are not subject to...
Subchapter IX. Criminal Background Checks; Drug Testing — PPECC
§ 1190. Criminal background checks. - (a) The purpose of the criminal background check and drug...
§ 1191. Mandatory drug screening. - (a) An employer may not employ any applicant without first...