(a) No group residential facility shall be established or operated unless a license is obtained from the Secretary of the Department of Health and Human Resources. The secretary shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq., including the operation of the group residential facility; a statement of the rights of patients in group residential facilities to ensure the adequate care and supervision of patients; and shall have the authority to investigate and inspect a facility, and may impose a civil money penalty, suspend or revoke the license for good cause after notice, hearing, and other due process rights as provided by legislative rule.
(b) A group residential home is not required to obtain a license from the secretary.