16 Del. Admin. Code § 3305-I-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3305-I-4.0 - Licensing by the Department

4.1 The service provider shall maintain a license issued by the Department for each group home. The license shall be posted in a conspicuous place in the group home to which it applies. The license shall not be transferable directly or indirectly from one service provider to another.

4.2 Separate licenses are required for group homes maintained in separate locations, even though operated by the same service provider. A license shall not be transferable from one group home to another or from one location to another.

4.3 Application for a license for a group home shall be made on forms provided by the Department. The application shall bear the notice that false statements therein are punishable. The application shall be accompanied by:

4.3.1 Certification that the service provider shall comply with all applicable state and federal laws including, but not limited to, non-discrimination based on age, sex, race, nationality, religion, sexual orientation, or disability, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act;

4.3.2 A sworn affidavit of a satisfactory compliance history as defined in 16 Del.C., § 1104(d) and other information to substantiate a satisfactory compliance history relating to each state or other jurisdiction in which the applicant operated a facility any time during the five year period preceding the date on which the application is made.

4.3.3 The applicable license fee;

4.3.4 Training and staff development plans offered by the service provider to staff, required by Section 5.3.2.;

4.3.5 Written operations and personnel policies & procedures manual, and quality assurance plan required by Sections 5.0 and 7.10;

4.3.6 A set of program plans which describe the service provider's capacity to implement Section 7.2.5;

4.3.7 Written policies on periodic physical examinations, required by Section 9.3;

4.3.8 Evidence of the ability to transport residents on an as needed basis, including provisions for emergency transportation, required by Sections 12.10 and 12.11;

4.3.9 Written policies on medication maintenance and storage, required by Sections 10.;

4.3.10 A letter from the Fire Marshal having jurisdiction certifying compliance by the group home with the rules and regulations of the State Fire Prevention Commission, required by Section 14.1;

4.3.11 An evacuation plan required by Section 14.5;

4.3.12 A staffing and work schedule;

4.3.13 An identification of those persons and entities listed in 16 Del.C., § 1104(c);

4.3.14 An outline of arrangements for the provision of primary medical, emergency medical and dental care, in addition to access to community support services such as employment and day programming;

4.3.15 An operating budget;

4.3.16 A blueprint (or similar plan) of the group home;

4.3.17 A specific plan for the safe and confidential storage of residents' records and medication including anticipated compliance with Section 8.1 and Section 10.0.

4.4 The Department shall grant a provisional license to any new applicant provided that the requirements of these regulations are met. The term of such provisional license shall be ninety (90) days, and thereafter, the applicant shall be entitled to an annual license, provided that the requirements of these regulations are met.

4.5 All applications for renewal of licenses shall be filed with the Department at least ninety (90) days prior to expiration and shall be accompanied by the attachments set forth in Section 4.3. Licenses may be issued for a period not to exceed one year (12 months) from the date of issuance.

4.6 The program will affirmatively notify the Department of any change in circumstances which precludes compliance with any of the regulations of this part.

4.7 The Department shall monitor compliance with its regulations and procedures. The service provider shall make all documentation and records deemed necessary by the Department available for the Department's review, and site visits shall be permitted at any time. The Department shall have the right of access to any information directly or indirectly related to the service provider's operation of the group home.

4.8 A service provider shall operate the group home in accordance with its application for licensure. A service provider shall immediately report any deviations from such operation to the Department.

4.9 The service provider shall cooperate fully with the state protection and advocacy agency, as defined in 16Del.C.§ 1102(7), in fulfilling functions authorized by Title 16, Chapter 11.

16 Del. Admin. Code § 3305-I-4.0

14 DE Reg. 1360 (06/01/11)