16 Del. Admin. Code § 3310-3.0

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

Section 3310-3.0 - Licensing and General Requirements

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

3.1.1 Issuance of Licenses

3.1.1.1 Initial License

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

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

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

3.1.1.1.3.1 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.

3.1.1.1.3.2 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.

3.1.1.2 Provisional License:

3.1.1.2.1 A provisional license may be granted for a period of 90 days to a neighborhood home 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.

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

3.1.1.2.3 A provisional license may not be renewed.

3.1.1.2.4 A license will not be granted pursuant to subsection 3.1.1.2 after the provisional licensure period to any neighborhood home that is not in substantial compliance with these rules and regulations.

3.1.1.3 Annual License:

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

3.1.1.3.2 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.

3.1.1.3.3 All applications for renewal of licenses shall be filed with the Department at least 30 days prior to expiration.

3.1.1.3.4 A license will not be issued to a neighborhood home 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.

3.1.2 Suspension or Revocation of Licenses

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

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

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

3.1.2.1.3 Permitting, aiding, or abetting the commission of any illegal act in the neighborhood home.

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

3.1.2.1.5 Refusal to allow the Department access to the neighborhood home to conduct surveys/investigations as deemed necessary by the Department.

3.1.2.2 Before any license issued under this chapter 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 for a hearing before the Secretary of the Department or her/his designee.

3.1.2.3 The holder of the license may, within such 10-day period, give written notice of the desire to have a hearing.

3.1.2.3.1 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.

3.1.3 Fees

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

3.1.4 A license is not transferable from provider to another or from one location to another.

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

3.1.6 The license shall be readily available in the neighborhood home for which it was issued.

3.2 Inspection

3.2.1 Every neighborhood home for which a license has been issued under this chapter shall be inspected at least annually.

3.3 Application Process

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

3.3.2 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.

3.3.3 Providers applying for an initial license, must submit:

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

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

3.3.3.3 Financial information as required by the Department.

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

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

3.5 All required records maintained by the Neighborhood Home shall be open to inspection by the authorized representatives of the DHCQ and DDDS.

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

3.7 No neighborhood home provider shall adopt rules that conflict with these regulations.

3.8 The Department shall be notified in writing of any changes in the ownership or management of a neighborhood home.

3.9 Each provider shall provide a complete statement listing all charges for services, materials and equipment that shall, or may be, furnished to the individual during the period of residency as part of the admission agreement to all individuals and authorized representatives.

3.10 Each provider 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.

3.11 Each provider 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.

16 Del. Admin. Code § 3310-3.0

25 DE Reg. 765( 2/1/2022) (final)