16 Del. Admin. Code § 3325-14.0

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

Section 3325-14.0 - Enforcement and Oversight Authority

14.1 DHSS is authorized to impose the below listed actions to monitor the financial capability of a facility it has determined to be in financial distress. Noncompliance with any imposed action may result in the imposition of civil penalties or other remedies for compliance as authorized by 16 Del.C., Chapter 11, Subchapter I.

14.1.1 Monthly submission within thirty (30) calendar days of the end of the month of monthly financial information from the facility to include:

14.1.1.1 Balance Sheet, Profit and Loss Statement, Statement of Cash Flows, Census Information; and

14.1.1.2 Certification by the Chief Financial or Corporate Officer with the following statement: "All financial information provided herein is certified to be true and correct to the best of my knowledge and belief, under penalty of perjury."

14.1.2 Submission of monthly certifications from the facility that all required licenses, taxes and insurances are paid-to-date, are current and in effect.

14.1.3 Attendance of facility and corporate staff at periodic meetings with DHSS to discuss past performance and expectations for future performance, to include:

*	Facility Administrator

*	Regional/Corporate CFO/Controller

*	Regional Administrator

14.1.4 Requirement of a written plan from the facility indicating how it will return to profitability.

14.1.5 Reclassification of the facility license from annual to provisional status.

14.1.6 Requirement that the Controlling Organization (if any) of the facility provide a written assurance to DHSS that the Controlling Organization will step in to provide financial support to ensure that the residents continue to receive quality care. The written assurance is to include text as provided by DHSS.

14.1.7 Query courts of local jurisdiction for pending or past legal actions or judgments against the facility by suppliers and/or government agencies

14.1.8 Notification to The Centers for Medicare and Medicaid Services of the facility's financial difficulty (federally certified facilities).

14.1.9 The issuance of an emergency order temporarily transferring the management of the facility to another qualified entity in cases where the physical health or safety of a resident(s) is in imminent risk.

14.1.9.1 The terms and conditions of the emergency order including costs of implementation are to be determined by DHSS. The terms and conditions of the emergency order are effective until DHSS conducts an administrative hearing to determine the facility management's ongoing licensure status, which hearing must be conducted within 60 days from the date of the issuance of the order unless the facility requests a continuance of the hearing date. At the conclusion of the hearing DHSS will make a final determination regarding the costs of implementation of such management and the facility's ongoing licensure status.

14.1.9.2 Any costs associated with the actions taken in subsection 14.1 .9.1 will be paid via the reserve fund established under subsection 5.3 .5.

14.1.10 Require written notification from the facility, to each individual resident and, if known, a family member or legal representative that the financial capability of the facility is under review by DHSS. The notification must be written in a language and manner that is easily understood by the individual resident and/or individual resident's representative.

14.1.10.1 Provide a copy of the notice to the DHSS; the State Long Term Care Ombudsman; managed care organization (MCO), as appropriate; any DDHSS agency involved in the resident placement in the facility, including Adult Protective Services; and the protection and advocacy agency as defined in 16 Del.C. § 1102 if the resident is an individual with a developmental disability or mental illness.

16 Del. Admin. Code § 3325-14.0

23 DE Reg. 45( 7/1/2019) (final)