16 Del. Admin. Code § 3360-3.0

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

Section 3360-3.0 - Licensing Requirements And Procedures

3.1 No person shall establish, conduct or maintain in this State any adult day care facility without first obtaining a license from the Department of Health and Social Services.

3.1.1 Issuance of Licenses

3.1.1.1 Provisional License:

3.1.1.1.1 A provisional license shall be granted, for a period of less than one year, to all agencies/facilities:

3.1.1.1.1.1 which have completed the application process pending an on-site survey during the first ninety (90) days of operation; or,

3.1.1.1.1.2 which have experienced a change of ownership (CHOW), have completed the application process, and are pending an on-site survey during the first ninety (90) days of operation; or,

3.1.1.1.1.3 which are not in substantial compliance with these rules and regulations.

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

3.1.1.1.3 A provisional license may not be renewed unless a Plan for Corrective Action has been approved by the Department and implemented by the agency/facility.

3.1.1.2 License:

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

3.1.1.2.2 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, suspended or revoked, or surrendered prior to the expiration date.

3.1.1.2.3 Agencies/Facilities must apply for licensure at least thirty (30) days prior to the expiration date of the license.

3.1.1.2.4 Agencies/Facilities which have not been inspected/surveyed during a licensure year may apply for and be issued a new license until an inspection/survey is completed.

3.1.1.2.5 A license may not be issued to an agency/facility 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 patients/clients.

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.

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

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

3.1.2.1.4 Conduct or practices detrimental to the welfare of the participant.

3.1.2.1.5 Refusal to allow the Department access to the facility 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 ten (10) calendar days written notice to the holder of the license, during which he/she 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 their desire to have a hearing. Proceedings in regard to such hearing shall be conducted in accordance with provisions for case decisions as set forth in the Administrative Procedures Act, Title 29, Chapter 101 of the Delaware Code and in accordance with applicable rules and regulations of the Department.

3.1.3 Order to Suspend a License

3.1.3.1 The Department may immediately suspend a license upon issuance of a written suspension order if the health, safety, or well-being of the participants is in jeopardy or imminent danger. The order shall state the reason(s) for the suspension.

3.1.3.2 Within ten (10) working days of the issuance of the suspension order, the Department shall hold a hearing with the licensee unless, prior to such hearing, the conditions upon which the suspension were based have been corrected and a new license issued.

3.1.4 Renewal of License after Suspension or Revocation

3.1.4.1 If and when the conditions upon which the suspension or revocation of a license are based have been corrected and after a proper inspection has been made, a new license may be granted.

3.1.5 Fees

3.1.5.1 Fees shall be in accordance with DE Code, Title 16, Part I, Chapter 1, Subchapter II, Section 122(3).s.2.

3.1.6 A license is not transferable from person to person or from one location to another.

3.1.7 The license shall be posted in a conspicuous place on the licensed premises.

3.2 Separate Licenses

3.2.1 Separate licenses are required for facilities maintained in separate locations, even though operated under the same management.

3.2.2 A separate license is not required for separate buildings maintained by the same management on the same grounds.

3.3 Inspection

3.3.1 Every adult day care facility for which a license has been issued under this chapter shall be periodically inspected by a representative of the Department. Regular inspections shall occur at least once every three years.

3.4 Application Process

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

3.4.2 Applicants shall submit to the Department the following information:

3.4.2.1 The names, addresses and types of facility owned or managed by the applicant;

3.4.2.2 Identity of:

3.4.2.2.1 each officer and director of the corporation if the entity is organized as a corporation;

3.4.2.2.2 each general partner or managing member if the entity is organized as an unincorporated entity;

3.4.2.2.3 the governing body if the entity is government operated;

3.4.2.2.4 proof of not-for-profit status if claiming tax-exempt status; and

3.4.2.2.5 any officers/directors, partners, or managing members, or members of a governing body who have a financial interest of five (5) percent or more in a licensee's operation or related businesses.

3.4.2.3 Disclosure of any officer, director, partner, employee, managing member, or member of the governing body with a felony criminal record;

3.4.2.4 Name of the individual (directordministrator/etc.) who is responsible for the management of the adult day care facility; and

3.4.2.5 Policy and procedure manuals and any other information required by the Department.

16 Del. Admin. Code § 3360-3.0

6 DE Reg. 83 (7/1/02)
25 DE Reg. 776( 2/1/2022) (Final)