reglab/housing_qa huggingface dataset:
16 DE Code § 1106. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1106. License fees.

§ 1106. License fees. (a) (1) The fees for issuance and renewal of licenses pursuant to this chapter for nursing facilities, assisted living facilities, rest residential facilities, and intermediate care facilities for persons with intellectual disabilities may not exceed $150 plus the following:  a. $250 for facilities with less than 100 units of capacity or bed space for which a license is sought.  b. $400 for facilities with 100 or more units of capacity or bed space. c. A background examination fee for initial applications in an amount set by the Department necessary to defray its expenses in administering its duties under § 1104(c) and (d) of this title, but not to exceed $500. (2) The total fee for all other facilities with 16 or fewer units of capacity or bed space is $50. (b) The license fee required under subsection (a) of this section must be paid with each application for initial license, a renewal license, or an initial license. (c) The State is not required to pay the license fee for any facilities it operates or owns which require licensure under this chapter. (d) All license fees collected by the Department must be remitted to the General Fund. (e) A new application and a fee of $50 must be submitted for changes to a license which occur during the licensure year, including any of the following changes:  (1) An approved increase in bed space. (2) An approved decrease in bed space. (3) A facility change of name.71 Del. Laws, c. 488, §  2;  72 Del. Laws, c. 3, §§  1, 2;  81 Del. Laws, c. 206, § 7;
16 DE Code § 1107. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1107. Inspections and monitoring.

§ 1107. Inspections and monitoring. (a) The Department shall inspect each long-term care facility on a regular basis to ensure compliance with this chapter and the regulations adopted pursuant to it. (b) The Department shall have the authority to assess additional fees to recover the actual costs and expenses of the Department for any monitoring or inspections needed beyond the standard inspection in those cases in which substantiated violations are found. (c) Any duly authorized employee or agent of the Department may enter and inspect any facility licensed under this chapter without notice at any time. All licensees are required to provide immediate access to Department personnel to conduct inspections. Such inspections may include any of the following:  (1) Interviewing residents. (2) Interviewing family members or staff. (3) Reviewing and photocopying any records and documents maintained by the licensee. (4) Inspecting any portion of the physical plant of the facility. (5) Enforcing any provision of this chapter and the regulations pursuant to it, as well as applicable federal law and regulations. (d) Advance notice may not be given to any facility of any inspection conducted under this chapter unless specifically authorized by the Secretary of the Department or the Secretary's designee or as otherwise required by federal law or regulation. Failure to comply with this subsection results in the imposition by the Department of a civil penalty not to exceed $5,000 per violation. (e) At the conclusion of each inspection, the Department shall promptly notify the facility of any violations of this chapter and its regulations as well as of federal law and regulations. It shall provide a comprehensive exit interview at the conclusion of each inspection whereby the facility is made aware of any problems found, including violations of applicable law or regulations. Representatives from the Long-Term Care Ombudsperson's Office shall be invited to attend each exit interview. (f) [Repealed.] (g) Any person who is a former employee of a long-term care facility is disqualified from participating for 2 years in any manner in any inspection of that facility. (h) Any person who has a relative residing or working in a long-term care facility is disqualified from participating in any manner in any inspection of that facility. 71 Del. Laws, c. 488, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 59, §  1;  81 Del. Laws, c. 206, § 8;
16 DE Code § 1108. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1108. Posting of inspection summary and other information and public meetings.

§ 1108. Posting of inspection summary and other information and public meetings. (a) 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 the following:  (1) The license issued under this subchapter. (2) A sign prescribed by the Department that specifies complaint procedures and provides the “1-800” hotline number to receive complaints 24 hours a day, 7 days a week. (3) The most recent state survey report prepared by the Department of the most recent inspection report for the facility. (4) A notice, as required by regulation, in the form prescribed by the Department stating that informational materials relating to the compliance history of the facility are available for inspection at a location in the facility specified by the sign and online at a web site specified by the sign. The notice shall also provide the telephone number to reach the Department to obtain the same information concerning the facility. (5) A notice, as required by regulation, that the Division of Professional Regulation can provide information about the facility administrator along with the Division of Professional Regulation telephone number to call for this information. (b) [Repealed.] (c) The compliance history information required to be maintained for public review must be maintained in a well-lighted accessible location. The compliance history material must include all inspection reports produced for that facility during the preceding 3-year period. The information must be updated as each new inspection or other Department report is received by the facility. (d) Following completion of the annual inspection report, the Department shall schedule a meeting, as required under regulations, to take place at the facility to present the findings of the annual report. (1) The Department shall require the facility to notify residents and their families of the meetings required under this subsection. (2) The Department shall provide staff for these meetings and the staff shall be prepared to present the findings of the surveys and to answer questions regarding the surveys and plans of action.71 Del. Laws, c. 488, §  2;  72 Del. Laws, c. 3, §  3;  77 Del. Laws, c. 401, §§  1, 2;  81 Del. Laws, c. 206, § 9;
16 DE Code § 1109. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1109. Civil penalties.

§ 1109. Civil penalties. (a) (1) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it. (2) A licensee or other person is liable for a civil penalty of not less than $1,000 nor more than $10,000 per violation for violations which the Department determines pose a serious threat to the health and safety of a resident. (b) In determining the amount of the penalty to be assessed under subsection (a) of this section, the Department must consider all of the following:  (1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or potential hazard created by the violation to the health or safety of a resident or residents. (2) The history of violations committed by the person or the person's affiliate, employee, or controlling person. (3) The efforts made by the facility to correct the violation. (4) The culpability of the person who committed the violation. (5) A misrepresentation made to the Department or to another person regarding any of the following:  a. The quality of services provided by the facility. b. The compliance history of the facility. c. The identity of an owner or controlling person of the facility. (6) Any other matter that affects the health, safety, or welfare of a resident. (c) For all other violations that do not constitute a serious threat to the health and safety of a resident, but do violate this chapter or the regulations adopted pursuant to it, the maximum civil penalty is $5,000 per violation. Violations in this category include any of the following:  (1) Making a false statement that the person knows or should know is false, about 1 of the following:  a. A material fact on an application for issuance or renewal of a license or any document attached to an application. b. A material fact with respect to a matter under investigation by the Department. (2) Refusing to allow a representative of the Department to inspect without notice at any time either of the following:  a. Any portion of the premises of a facility. b. Any documents, records, or files required to be maintained by a facility. (3) Wilfully interfering with the work of a representative of the Department or with the enforcement of this chapter. (4) Wilfully interfering with the preservation of evidence of a violation of this chapter or regulation pursuant to it. (d) In determining the amount of the penalty to be assessed under subsection (c) of this section, the Department shall consider the factors in subsection (b) of this section. (e) Each day of a continuing violation constitutes a separate violation. However, a penalty for a health and safety violation may not exceed $2,500 per day beyond the initial day. A penalty for a nonhealth and safety violation may not exceed $1,250 per day beyond the initial day. 71 Del. Laws, c. 488, §  2;  72 Del. Laws, c. 305, §  2;  81 Del. Laws, c. 206, § 10;
16 DE Code § 1111. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1111. Overlap of state licensing and federal certification penalties.

§ 1111. Overlap of state licensing and federal certification penalties. (a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty. (b) In the event that a civil monetary penalty has been collected by the State and the federal government subsequently collects a penalty for the same conditions, the State shall refund the previously collected penalty. 71 Del. Laws, c. 488, §  2;  72 Del. Laws, c. 428, §  1;  81 Del. Laws, c. 206, § 12;
16 DE Code § 1112. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1112. Collection of civil penalties.

§ 1112. Collection of civil penalties. (a) All civil penalties collected under this chapter must be remitted to the Long-Term Care Residents' Trust Fund if based on a federal regulation, or to the State Civil Penalty Trust Fund, if based on a state statute or regulation. (b) Payment of any civil penalty by a facility is not an allowable cost for reimbursement under the state Medicaid program or under other state-funded programs. (c) If a long-term care facility, after notice and opportunity for hearing, does not pay a properly assessed penalty in accordance with this subchapter, the Department shall deduct the amount of the civil penalty from amounts otherwise due from the State to the long-term care facility and remit that amount to the State Civil Penalty Trust Fund. (d) Alternatively, the Department may add the amount of the civil penalty to the licensing fee for the long-term care facility. If the licensee refuses to make the payment at the time of the application for renewal of its license, its license may not be renewed. (e) The Department may also proceed for the collection of the civil money penalty in an action brought in the name of the Department in any court of competent jurisdiction. (f) In the event of financial hardship, as determined by the Department, the Department may redirect the payment of penalties by the facility to take remedial action to correct the violation or violations. 71 Del. Laws, c. 488, §  2;  74 Del. Laws, c. 194, §  1;  77 Del. Laws, c. 309, §§  2, 3;  81 Del. Laws, c. 206, § 13;
16 DE Code § 1113. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1113. Other remedies for noncompliance.

§ 1113. Other remedies for noncompliance. In addition to civil money penalties, the Department may impose any or all of the following remedies for noncompliance with this chapter and the regulations promulgated pursuant to it or for noncompliance with § 1731A of Title 24 or § 903 of this title:  (1) Require monitoring at facility expense, according to the terms and conditions, including timeframes, determined necessary by the Department. (2) Suspend the admission or readmission of residents to the long-term care facility under the terms and conditions, including timeframes, determined by the Department. (3) Transfer residents whose care needs are not being met by the licensee. (4) Suspend, revoke, or refuse to renew a license. (5) In cases where the physical health or safety of residents is in imminent risk, issue an emergency order temporarily transferring the management of the facility to another qualified entity under the terms and conditions, including timeframes, determined by the Department. (6) Issue a provisional license for a long-term care facility that is in substantial but not full compliance with applicable laws and regulations.71 Del. Laws, c. 488, §  2;  72 Del. Laws, c. 305, §  3;  77 Del. Laws, c. 320, §  8;  81 Del. Laws, c. 206, § 14;
16 DE Code § 1114. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1114. Right to hearing on deficiencies and remedies for noncompliance.

§ 1114. Right to hearing on deficiencies and remedies for noncompliance. The due process protections of notice and opportunity to be heard shall be provided to facilities to appeal survey deficiencies, as well as the imposition of remedies for noncompliance imposed under §§ 1112 and 1113 of this title. The hearing process shall be consistent with the Administrative Procedures Act, Chapter 101 of Title 29. 71 Del. Laws, c. 488, §  2;  74 Del. Laws, c. 59, §  2;
16 DE Code § 1115. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1115. Injunctive relief.

§ 1115. Injunctive relief. In addition to any other remedy provided by law, the Department may bring an action in Chancery Court to enjoin a long-term care facility from engaging in activities that pose a threat to the health or safety of a resident of the long-term care facility. A temporary restraining order may be granted by the court if continued activity by the long-term care facility would create an imminent risk to a resident at the facility. 71 Del. Laws, c. 488, §  2;  81 Del. Laws, c. 206, § 15;
16 DE Code § 1116. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1116. Coordination of enforcement actions with the attorney general's office.

§ 1116. Coordination of enforcement actions with the attorney general's office. (a) The Department and the Attorney General shall work in close cooperation throughout any legal proceeding initiated by the Department to enforce this chapter and the regulations promulgated under it. (b) The Secretary of the Department or the Secretary's designee must be fully consulted before concluding any settlement agreement to a lawsuit brought under this chapter or any other law relating to the health and safety of residents in long-term care facilities. 71 Del. Laws, c. 488, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 16;
16 DE Code § 1117. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1117. Retaliation or discrimination against complainant.

§ 1117. Retaliation or discrimination against complainant. (a) A licensee or other person may not discriminate or retaliate in any manner against a resident or employee in its facility on the basis that such resident or employee or any other person on behalf of the resident or employee has initiated or participated in any proceeding pursuant to this chapter, including providing information in connection with an inspection or facilitating a protection and advocacy agency investigation. The Department shall impose a civil penalty of not more than $10,000 per violation upon any licensee or other person who violates this subsection. (b) Any attempt to expel a resident of the long-term care facility or any other type of retaliatory or discriminatory treatment of a resident or employee or any other person by whom, or upon whose behalf, a complaint has been submitted to the Department or protection and advocacy agency or who has participated in any proceeding instituted under this chapter within 1 year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee or other person in retaliation for the filing of the complaint or the cooperation with the proceeding. 71 Del. Laws, c. 488, §  2;  77 Del. Laws, c. 201, §§  3, 4;  81 Del. Laws, c. 206, § 17;
16 DE Code § 1118. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1118. Third-Party reimbursement.

§ 1118. Third-Party reimbursement. Consistent with federal law, 42 U.S.C. § 1395i-3 (c)(5), with respect to admissions policy and practices, a long-term care facility must not require a third-party guarantee or payment to the facility as a condition of admission or expedited admission to, or continued stay in the facility. 71 Del. Laws, c. 488, §  2;  81 Del. Laws, c. 206, § 18;
16 DE Code § 1119A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1119A. Confidentiality of resident records.

§ 1119A. Confidentiality of resident records. To protect the privacy of residents of a long-term care facility, the Department shall establish guidelines to protect the confidentiality of any records, documents, or files pertaining to such residents. 71 Del. Laws, c. 488, §  2;  81 Del. Laws, c. 206, § 20;
16 DE Code § 1119B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1119B. Pediatric nursing services.

§ 1119B. Pediatric nursing services. A facility that provides services to a resident younger than 18 years of age shall ensure all of the following:  (1) Nursing services for a resident younger than 18 years of age are provided by staff who have received training and demonstrated competence in the care of children. (2) Consultative pediatric nursing services are available to the staff.71 Del. Laws, c. 488, §  2;  81 Del. Laws, c. 206, § 21;
16 DE Code § 1119C. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1119C. Regulations.

§ 1119C. Regulations. (a) The Department has the authority to adopt, amend, repeal, or issue regulations to implement this chapter. In addition to regulations by category of facility to be licensed, the Department shall also develop pediatric regulations regarding the care of children in long-term care facilities. (b) The Department shall include in its regulations for all facilities licensed under this chapter a requirement of full cooperation with the protection and advocacy agency in fulfilling functions authorized by this chapter. Without limiting the protection and advocacy's agency's pursuit of other legal remedies, the Department shall enforce violations of such regulations consistent with §§ 1109 and 1113 of this title. 71 Del. Laws, c. 488, §  2;  77 Del. Laws, c. 201, §  5;  81 Del. Laws, c. 206, § 22;
16 DE Code § 1122. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter II. Rights of Residents.|§ 1122. Devolution of rights.

§ 1122. Devolution of rights. Where consistent with the nature of each right in § 1121 of this title, all rights, particularly as they pertain to a resident adjudicated incompetent in accordance with state law, or a resident who is found medically incapable by the resident's own attending physician, or a resident who is unable to communicate with others, shall devolve to the resident's authorized representative, as established under any of the following:  (1) An advance health-care directive. (2) A medical durable power of attorney for health-care decisions. (3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. (4) A surrogate appointed under Chapter 25 of this title. (5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the DMOST form on the patient's behalf under Chapter 25A of this title. (6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).61 Del. Laws, c. 373, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 25;
16 DE Code § 1123. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter II. Rights of Residents.|§ 1123. Notice to patient.

§ 1123. Notice to patient. (a) Section 1121 of this title shall be posted conspicuously in a public place in long-term care facilities. (b) Copies of § 1121 of this title shall be furnished to the resident upon admittance to the facility; all residents currently residing in the facility; and the authorized representative under § 1122 of this title. The long-term care facility shall retain in its files a statement signed by each person listed in this subsection that the person has received a copy of § 1122 of this title.  61 Del. Laws, c. 373, §  2;  81 Del. Laws, c. 206, § 26;
16 DE Code § 1124. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter II. Rights of Residents.|§ 1124. Staff training; issuance of regulations.

§ 1124. Staff training; issuance of regulations. (a) Each facility shall provide appropriate staff training to implement the bill of rights under § 1121 of this title. (b) Rules and regulations implementing this subchapter shall be developed by the Department. 61 Del. Laws, c. 373, §  2;  81 Del. Laws, c. 206, § 27;
16 DE Code § 1125. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter II. Rights of Residents.|§ 1125. Investigation of grievances.

§ 1125. Investigation of grievances. (a) The Department shall independently investigate any grievance concerning long-term care facilities. (b) Upon completion of an investigation, the Department shall report the findings to the complainants and to all other appropriate agencies of the State, county, or municipality as the case may be. If a grievance involves a protection and advocacy agency client, the findings shall be shared with the protection and advocacy agency. 61 Del. Laws, c. 373, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 201, §  8;  81 Del. Laws, c. 206, § 28;