16 Del. Admin. Code § 3320-2.0

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

Section 3320-2.0 - Licensing and General Requirement

2.1 No person shall establish, conduct or maintain in this State any IBSER without first obtaining a license from the Department.

2.1.1 Issuance of Licenses

2.1.1.1 Initial License

2.1.1.1.1 An initial license approval will be granted to those applicants who meet the requirements for licensure.

2.1.1.1.2 Once an initial license approval has been issued, the applicant may accept residents.

2.1.1.1.3 An initial license shall be issued when the first residents move in and shall be for a term of six (6) months, during which a follow-up inspection will be conducted.

2.1.1.1.3.1 If the applicant meets the licensing requirement at the end of the six (6) month period, an annual license for the remainder of the licensure year will be issued.

2.1.1.1.3.2 If the applicant does not meet the requirements but shows the ability to meet the requirements, a provisional licensed may be issued for a period of 90 days pending the implementation of corrective actions.

2.1.1.2 Provisional License

2.1.1.2.1 A provisional license may be granted for a period of 90 days to an IBSER that, after inspection by the Department, is not in substantial compliance with these rules and regulations but has demonstrated the ability and willingness to comply within the 90-day period.

2.1.1.2.2 The Department shall designate the conditions and the time period under which a provisional license is issued.

2.1.1.2.3 A provisional license may not be renewed.

2.1.1.2.4 A license will not be granted pursuant to subsection 2.1 .1.3 after the provisional licensure period to any IBSER that is not in substantial compliance with these rules and regulations.

2.1.1.3 Annual License

2.1.1.3.1 A license shall be granted, for a period of one year (12 months), to all IBSERs which are and remain in substantial compliance with these rules and regulations.

2.1.1.3.2 A license shall be effective for a twelve-month period following date of issue and shall expire one year following such date, unless it is: modified to a provisional license, suspended, revoked, or surrendered prior to the expiration date.

2.1.1.3.3 All applications for renewal of licenses shall be filed with the Department at least 45 days prior to expiration.

2.1.1.3.4 A license will not be issued to an IBSER which is not in substantial compliance with these regulations and/or whose deficient practices present an immediate threat to the health and safety of its residents.

2.1.2 Suspension or Revocation of Licenses

2.1.2.1 The Department may suspend or revoke a license issued under this Section for good cause, including but not limited to the following:

2.1.2.1.1 Violation of any of the provisions of these rules and regulations or 16 Del.C. Ch. 11.

2.1.2.1.2 Deficiencies which present a threat to the health and safety of residents.

2.1.2.1.3 Permitting, aiding, or abetting the commission of any illegal act in the IBSER.

2.1.2.1.4 Conduct or practices which the Department determines pose a serious threat to the health and safety of a resident or residents.

2.1.2.1.5 Refusal to allow the Department access to the IBSER to conduct surveys/investigations as deemed necessary by the Department.

2.1.2.2 Before any license issued under this Section is suspended or revoked, the Department shall give 10 calendar days written notice to the holder of the license, during which the holder may appeal, in writing, for a hearing before the Secretary of the Department or her/his designee.

2.1.3 Imposition of Disciplinary Action

2.1.3.1 Before any other enforcement action is taken under this Section, the Department shall give 20 calendar days written notice to the holder of the license, during which the holder may appeal, in writing, for a hearing before the Secretary of the Department or her/his designee.

2.1.3.2 The due process protections of notice and opportunity to be heard shall be provided to facilities and the hearing process shall be consistent with the Administrative Procedures Act, 29 Del.C. Ch. 101.

2.1.4 Fees

2.1.4.1 Fees shall be in accordance with 16 Del.C. Ch. 11.

2.1.5 A license is not transferable from one IBSER to another or from one location to another.

2.1.6 A new license shall be required in the event of a change in the IBSER management company, building owner or controlling person.

2.1.7 The license shall be readily available in the IBSER for which it was issued.

2.2 Inspection

2.2.1 Every IBSER for which a license has been issued under this Section shall be inspected regularly and as determined necessary by the Department.

2.3 Application Process

2.3.1 All persons or entities applying for a license shall request a licensure application from the Department.

2.3.2 The issuance of an application form is in no way a guarantee that the completed application will be accepted or that a license will be issued by the Department.

2.3.3 IBSERs applying for an initial license, must submit:

2.3.3.1 Evidence of a satisfactory compliance history, as appropriate, during the preceding five years.

2.3.3.2 A list of all facilities managed, owned or controlled by the applicant or associated entity in any jurisdiction during the preceding five years.

2.3.3.3 Financial information as required by the Department.

2.3.3.3.1 Financial information disclosed to the Department shall not be subject to Freedom of Information Act requests.

2.4 Separate licenses are required for separate homes maintained in separate locations, regardless of their proximity, even though operated by the same IBSER.

2.5 The term "IBSER" shall not be used as part of the name of any program in this State unless the home is licensed under these regulations.

2.6 No IBSER shall adopt rules that conflict with these regulations.

2.7 The Department shall be notified in writing at least 90 days before any changes in the ownership or management of an IBSER.

2.8 Each IBSER shall provide, to all residents and authorized representatives, a complete statement listing all charges for services, materials and equipment that shall (or may be) furnished to the resident during the period of residency as part of the admission agreement.

2.9 Each IBSER shall provide a written statement at the time of admission that includes the refund and prepayment policy; and clarifies responsibility in the event of a retroactive denial in the case of a third party payment.

2.10 All required records maintained by the residence must be open to inspection by authorized representatives of the Department.

2.11 No rules may be adopted by the licensee or administrators which are in conflict with these regulations.

2.12 The Department must be notified, in writing, within 10 calendar days of any change in the Director.

2.13 The IBSER must provide safe storage for residents' valuables.

2.14 Each IBSER shall cooperate fully with the Medicaid Fraud Control Unit and the state protection and advocacy agency, as defined in 16 Del.C. § 1102(7), in fulfilling functions authorized by 16 Del.C. Ch. 11.

2.15 Each facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors a sign, prescribed by the Department, that specifies complaint and abuse reporting procedures and provides the "1-800" hotline number to receive complaints 24 hours a day, 7 days a week.

16 Del. Admin. Code § 3320-2.0

23 DE Reg. 43( 7/1/2019) (final)