16 Del. Admin. Code § 3230-4.0

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

Section 3230-4.0 - Licensing Requirements and Procedures

4.1 Licenses and renewals shall be issued to a Rest Residential Home which meets the requirements of 16Del C.§ 1104. For initial licensure, the Rest Residential Home shall also demonstrate during a physical inspection of the premises that the facility complies with all applicable regulations.

4.2 The Division shall consider the applicant's compliance history in determining licensure eligibility. Accordingly, the applicant shall disclose the following;

4.2.1 The imposition of temporary management by any state jurisdiction against the applicant or associated entity during the preceding five years

4.2.2 The imposition of immediate jeopardy against the applicant or associated entity during the preceding five years

4.2.3 A substandard survey by any state jurisdiction against the applicant or associated entity during the preceding five years

4.2.4 The imposition of a civil money penalty by any state jurisdiction against the applicant or associated entity during the preceding five years

4.2.5 A ban on admissions by any state jurisdiction against the applicant or associated entity during the preceding five years

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

4.2.7 Information as required by 16Del.C.§ 1104(e)

4.2.8 The disclosure shall be supported by a sworn affidavit pursuant to 16Del.C.§ 1104(d).

4.3 Financial information disclosed to the Division as required by 16Del.C.§ 1104(e) shall not be subject to Freedom of Information Act requests except as follows;

4.3.1 Any information known to the Division regarding a civil action for debt owed by a facility

4.3.2 Any information known to the Division regarding current facility bankruptcy proceedings

4.3.3 The name of any facility currently under intensive Division review for potential financial incapability

4.4 Each license shall be renewed on the anniversary date of initial licensure or as directed by the Division. Each license holder shall file an application for renewal at least 30 days prior to the expiration of the current license and pay the applicable fee as established in 16Del.C.§ 1106(a).

4.5 A new license shall be required in the event of a change in the Rest Residential Home management company, building owner or controlling person as defined in 16Del.C.§ 1102(1).

4.6 Each license shall specify the number of licensed beds. A facility seeking to change the number of licensed beds shall apply to the Division for a modified license authorizing the revised number of beds.

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

4.8 When a facility plans to construct or extensively remodel a licensed facility or convert a building to a licensed facility, it shall submit one copy of properly prepared plans and specifications for the entire facility to the Division. An approval, in writing, shall be obtained before such work is begun. After the work is completed, in accordance with the plans and specifications, a modified license to operate shall be issued. All completed construction, extensive remodeling or conversions shall remain in accordance with the plans and specifications, as approved by the Division.

16 Del. Admin. Code § 3230-4.0