Section 11-94.2-6 - Licensing(a) No person or group of persons may operate a nursing facility unless the facility is licensed by the department.(b) All nursing facilities shall be licensed pursuant to this chapter and meet all requirements for licensure under state law prior to admitting any residents, except those operated by the federal government or agency thereof.(c) The department may accept accreditation by the Joint Commission or other nationally recognized accreditation or certification organizations including, but not limited to, the U.S. Centers for Medicare and Medicaid Services, as demonstrating a facility's compliance with all relicensing inspections required by the department.(d) The department shall inspect each nursing facility at least annually, or at a time interval as determined by the department for relicensing. The department, without prior notice, may enter the premises at any time to secure compliance with or to prevent a violation of this chapter.(e) The department may exempt a facility from a relicensing inspection when the facility is accredited or certified in accordance with this section under the following conditions: (1) The facility provides a certified copy of the facility's official accreditation or certification report to the department;(2) The facility continuously holds full accreditation or certification by the accreditation or certification organization; and(3) The facility holds a current and valid state license.(f) The most current licensing statement of deficiencies and plan of correction shall be kept on file in the facility, and the facility shall:(1) Make the statement of deficiencies and plan of correction available for examination in a place readily accessible to residents; and(2) Post a notice of the availability of the statement of deficiencies and plan of correction.(g) All facilities shall not discriminate against any individual as per all federal and state civil rights and anti-discrimination regulations. Should the facility not be able to provide care and services to individuals based on their age, i.e., infants and youth, or specific disability, the facility will need to indicate so in their policies and procedures and by-laws.(h) The department shall prescribe the content and form of the license and may authorize a waiver or waivers for a particular facility.(i) In the event of a change of administration, name, location, ownership, or the number and type of operational beds, the facility shall notify the department fifteen days prior to the change, an inspection at the discretion of the department shall be conducted, and if the provisions of this chapter are met, a new license shall be issued. (j) Every regular license shall continue in force for a period of one year unless otherwise specified, or unless it is suspended or revoked.(k) The current license shall be posted in a conspicuous place visible to the public within the facility. (l) A provisional license may be issued at the discretion of the department to allow sufficient time for correction to deficiencies cited.(m) When a facility intends to voluntarily close, the following shall apply: (1) The licensee shall notify the department in writing at least thirty days prior to an intended closure;(2) All residents, legal guardians, surrogates, and other responsible agencies shall be notified at least thirty days prior to an intended closure;(3) All residents shall be transferred to appropriate licensed facilities prior to closure; and(4) The licensee shall notify the department that all residents have been transferred and provide a listing of residents' names, name of facility transferred to, and date of transfer.[Eff 9/16/2022] (Auth: HRS §§ 321-9, 321-11; SLH 2021, Act 28) (Imp: HRS §§ 321-9, 321-11; SLH 2021, Act 28)