16 Del. Admin. Code § 3225-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3225-4.0 - Licensing Requirements And Procedures

4.1 No entity shall hold itself out as being an assisted living facility unless such entity has been duly licensed under these regulations and in accordance with state law. The Secretary or his/her designee shall issue a provisional or annual license for a specified number of beds.

4.2 Procedures for assisted living facility applications and for issuance, posting, and renewal of licenses shall be in accordance with 16Del.C.Ch. 11, Subchapter I, Licensing by the State.

4.3 Inspections and monitoring shall be conducted in accordance with 16Del.C.Ch. 11, Subchapter I., Licensing By The State.

4.4 Upon receipt of written notice of a violation of these regulations, the assisted living facility shall submit a written plan of action to correct deficiencies cited within 10 working days or such other time period as may be required by the Department. The plan of action shall address corrective actions to be taken and include all measures and completion dates to prevent their recurrence:

1) how the corrective action will be accomplished for those residents found to have been affected by the deficient practice;

2) how the facility will identify other residents having the potential to be affected by the same deficient practice;

3) what measures will be put into place or systemic changes made to ensure that the deficient practice will not recur; and

4) how the facility will monitor its corrective actions to ensure that the deficient practice is being corrected and will not recur, i.e., what program will be put into place to monitor the continued effectiveness of the systemic changes.

4.5 The Department may impose civil money penalties and/or other enforcement remedies in accordance with the procedures outlined in 16Del.C.Ch. 11, Subchapter I., Licensing by the State.

4.6 The Department may suspend or revoke a license, or refuse to renew it, in accordance with 16Del.C.Ch. 11, Subchapter I., Licensing by the State.

4.7 Separate licenses are required for agencies maintained in separate locations, even though operated under the same management. A separate license is not required for separate buildings maintained by the same management on the same grounds. Under conditions of assignment or transfer of ownership, a new license shall be required.

4.8 If a facility or part of a facility plans to close:

4.8.1 The assisted living facility shall notify representatives of the appropriate state agencies of the plan of closure at least 90 days before the planned closure.

4.8.2 The facility staff must notify each resident advising him/her of the action in progress at least 90 days before the planned closure.

4.8.3 The resident must be given the opportunity to designate a preference for a specific facility or for other arrangements.

4.8.4 The assisted living facility must arrange for the relocation to other facilities in the area in accordance with the residents' preference, if possible.

4.8.5 Any applicant for admission to the assisted living facility shall be advised of the planned closure date.

4.8.6 All residents' records and any medications must accompany the residents to their new residences.

4.9 The Department may adopt, amend or repeal regulations governing the operation of the agencies defined in 16Del.C.Ch. 11, Subchapter I., Licensing By The State.

16 Del. Admin. Code § 3225-4.0