reglab/housing_qa huggingface dataset:
16 DE Code § 1126. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter II. Rights of Residents.|§ 1126. Recording anatomical gift data.

§ 1126. Recording anatomical gift data. (a) All long-term care facilities shall, if possible, ascertain from a resident upon admission whether or not the resident has donated all or part of the resident's own body as an anatomical gift in a manner permitted by § 2713 of this title and the person, institution, or organization to which such gift has been made. (b) All long-term care facilities, as required by regulation, shall maintain as part of a resident's permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the resident's wishes in the event of the resident's death. (c) Upon the death of a resident who has made an anatomical gift, long-term care facilities shall make every reasonable effort to contact without delay the person, institution, or organization to which such gift has been made. 63 Del. Laws, c. 238, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 29;
16 DE Code § 1133. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1133. Contents of reports.

§ 1133. Contents of reports. The reports required under this subchapter must contain all of the following information:  (1) The name and sex of the patient orresident. (2) The name and address of the facility in which the patient or resident resides. (3) The age of the patient or resident, if known. (4) The name and address of the reporter and where the reporter can be contacted. (5) Any information relative to the nature and extent of the abuse, neglect, mistreatment, financial exploitation, or medication diversion and, if known to the reporter, any information relative to prior abuse, neglect, mistreatment, financial exploitation, or medication diversion of the patient or resident. (6) The circumstances under which the reporter became aware of the abuse, neglect, mistreatment, financial exploitation, or medication diversion. (7) What action, if any, was taken to treat or otherwise assist the patient or resident. (8) Any other information which the reporter believes to be relevant in establishing the cause of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 34;  83 Del. Laws, c. 22, § 4;
16 DE Code § 1135. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1135. Immunities and other protections.

§ 1135. Immunities and other protections. (a) A person making any oral or written report under this subchapter is not liable in any civil or criminal action by reason of the report where the report was made in good faith or under the reasonable belief that the abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred. (b) A facility may not discharge, or in any manner discriminate or retaliate against any person, by any means whatsoever, who in good faith makes or causes to be made, a report under this subchapter, or who testifies or who is about to testify in any proceeding concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents. (c) Any facility which discharges, discriminates, or retaliates against a person because the person reports, testifies, or is about to testify concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents is liable to the person for treble damages, costs, and attorney fees. If a facility discharges, demotes, or retaliates by any other means against a person after the person makes a report, testifies, or is subpoenaed to testify as a result of a report authorized under this subchapter, there is a rebuttable presumption that the facility discharged, demoted, or retaliated against the person as a result of the report or testimony. (d) This section does not apply to any person who has engaged in the abuse, neglect, mistreatment, financial exploitation, or medication diversion of a patient or resident. 65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 201, §§  15, 16;  81 Del. Laws, c. 206, § 36;  83 Del. Laws, c. 22, § 6;
16 DE Code § 1136. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1136. Violations.

§ 1136. Violations. (a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor. (1) If the abuse involves sexual contact such person is guilty of a class G felony. (2) If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony. (3) If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony. (b) Any person who knowingly causes medication diversion of a patient or resident,is guilty of the following:  (1) A class G felony. (2) A class F felony, if committed by a health-care professional. (c) Any person who knowingly commits financial exploitation of a patient's or resident's resources is guilty of the following:  (1) A class A misdemeanor if the value of the resources is less than $1,000. (2) A class G felony if the value of the resources is $1,000 or more. (d) Any member of the board of directors or a high managerial agent who knows that patients or residents of the facility are being abused, mistreated, neglected, or financially exploited or are the victim of medication diversion and fails to promptly take corrective action is guilty of a class A misdemeanor. (e) Nothing in this section precludes a separate charge, conviction, and sentence for any other crime under this title or this Code. 65 Del. Laws, c. 442, §  1;  72 Del. Laws, c. 120, §§  5, 6;  78 Del. Laws, c. 30, §§  2, 3;  79 Del. Laws, c. 193, §  2;  81 Del. Laws, c. 206, § 37;  83 Del. Laws, c. 22, § 7;
16 DE Code § 1137. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1137. Suspension or revocation of license for violation by licensed or registered professional.

§ 1137. Suspension or revocation of license for violation by licensed or registered professional. On a finding of abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, or a licensed or registered professional's failure to report abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, the Department or the Attorney General's Office shall notify the appropriate licensing or registration board. If, after a hearing, a licensed or registered professional is found to have abused, neglected, or mistreated, or committed medication diversion against, a patient or resident or has failed to report abuse, neglect, mistreatment, or medication diversion, the appropriate board shall suspend or revoke the licensed or registered professional's license. 65 Del. Laws, c. 442, §  1;  83 Del. Laws, c. 22, § 8;
16 DE Code § 1138. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1138. Suspension or revocation of license for violation by facility.

§ 1138. Suspension or revocation of license for violation by facility. On a finding that abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred in a facility, if it is determined that a member of the board of directors or a high managerial agent knew that patients or residents were abused, neglected, mistreated, or financially exploited or the victim of medication diversion and failed to promptly take corrective action, the Department must suspend or revoke the facility's license. 65 Del. Laws, c. 442, §  1;  81 Del. Laws, c. 206, § 38;  83 Del. Laws, c. 22, § 9;
16 DE Code § 1139. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1139. Treatment by spiritual means.

§ 1139. Treatment by spiritual means. Nothing in this subchapter may be construed to mean that a patient or resident is abused, neglected, or mistreated, or is the victim of medication diversion, for the sole reason the patient or resident relies on, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, nor may anything in this subchapter be construed to authorize or require any medical care or treatment over the implied or express objection of the patient or resident. 65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 39;  83 Del. Laws, c. 22, § 10;
16 DE Code § 1140. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents|§ 1140. Jurisdiction.

§ 1140. Jurisdiction. The Superior Court shall have original and exclusive jurisdiction over violations of this subchapter. 65 Del. Laws, c. 442, §  1;
16 DE Code § 1142. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter IV. Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance With Title Xix of the Social Security Act.|§ 1142. Mandatory drug screening.

§ 1142. Mandatory drug screening. (a) An employer may not employ an applicant without first obtaining the results of that applicant's mandatory drug screening. (b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department. (c) The Department shall promulgate regulations, regarding the pre-employment testing of all applicants, for use of all of the following illegal drugs:  (1) Marijuana/cannabis. (2) Cocaine. (3) Opiates. (4) Phencyclidine (“PCP”). (5) Amphetamines. (6) Any other illegal drug specified by the Department under regulations promulgated under this section. (d) An agency, including temporary agencies, must provide the drug screening results it receives regarding an applicant referred to work in a facility to that particular facility so that the facility is better able to make an informed decision whether to accept the referral. (e) The employer must provide confirmation of the drug screen in the manner prescribed by the Department's regulations. (f) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. 71 Del. Laws, c. 466, §  2;  72 Del. Laws, c. 2, §  1;  72 Del. Laws, c. 366, §  1;  78 Del. Laws, c. 303, §  2;  81 Del. Laws, c. 206, § 42;
16 DE Code § 1144. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter IV. Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance With Title Xix of the Social Security Act.|§ 1144. Influenza immunizations.

§ 1144. Influenza immunizations. (a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no cost and contingent upon availability of the vaccine. (b) The facility shall keep on record a signed statement from each employee stating that the employee has been offered vaccination against influenza and has either accepted or declined such vaccination. (c) Employment will not be contingent on influenza immunization. 81 Del. Laws, c. 346, § 1;  82 Del. Laws, c. 141, § 18;
16 DE Code § 1146. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter V. Criminal Background Checks; Drug Testing — Home-Care Agencies.|§ 1146. Mandatory drug screening.

§ 1146. Mandatory drug screening. (a) [Repealed.] (b) An employer may not employ any applicant without first obtaining the results of that applicant's mandatory drug screening. (c) All applicants, with the exception of a self-employed individual seeking employment from a private person to provide services in a private residence, must submit to mandatory drug screening, as specified by regulations promulgated by the Department. The requirement for drug screening for self-employed persons seeking employment in a private residence is left to the discretion of the individual in need of care in the private residence. (d) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use of the following illegal drugs:  (1) Marijuana/cannabis. (2) Cocaine. (3) Opiates. (4) Phencyclidine (“PCP”). (5) Amphetamines. (6) Any other illegal drug specified by the Department under regulations promulgated under this section. (e) An employer may not employ an applicant for work in a private residence before getting the results of that applicant's drug screening. Upon request, the results of the drug screen must be provided upon the applicant's commencement of work to the person for whom the services are to be provided, or to the person's authorized representative. (f) The employer must provide confirmation of the drug screen in the manner prescribed by the Department's regulations. (g) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. 73 Del. Laws, c. 10, §  2;  78 Del. Laws, c. 303, §  3;  81 Del. Laws, c. 206, § 46;
16 DE Code § 1150. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1150. Creation of Office.

§ 1150. Creation of Office. There is hereby established within the Department of Health and Social Services, Division of Administration, the Office of the Long-Term Care Ombudsperson as provided by the Older Americans Act Amendments of 1987 (P.L. 100-175). 67 Del. Laws, c. 76, §  1;  69 Del. Laws, c. 345, §  5;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 78, §  140;  78 Del. Laws, c. 118, §  1;
16 DE Code § 1151. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1151. Definitions.

§ 1151. Definitions. As used in this subchapter:  (1) “Agency” means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services. (2) “Long-term care facility” means any facility as defined in § 1102 of this title. (3) “Long-Term Care Ombudsperson” or “Ombudsperson” means the person designated under the Older Americans Act, as amended (42 U.S.C. § 3001 et. seq.) to perform the mandated functions of the Office of the Long-Term Care Ombudsperson in the State, or the Ombudsperson's designee. (4) “Record” means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that “record” does not include criminal investigative files.67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 47;
16 DE Code § 1152. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1152. Purpose and duties.

§ 1152. Purpose and duties. The purpose of the Ombudsperson is to provide a program to advocate for and promote the adequacy of care received and the quality of life experienced by residents of long-term care facilities in Delaware. The Ombudsperson shall have the power to:  (1) Investigate and seek to resolve complaints and concerns made by or on behalf of residents of long-term care facilities in the State relating to the actions or inactions of any long-term care facility or agencies which may adversely affect the health, safety, welfare or rights of such residents; (2) Promote the well-being and quality of life of residents of long-term care facilities; (3) Enter into written agreements of understanding, cooperation and collaboration with other government agencies that provide funding, oversight, inspection or operation of long-term care facilities; (4) Establish and carry out program policies and procedures for eliciting, receiving, investigating, verifying, referring and resolving residents' complaints; (5) Receive and investigate complaints of abuse, mistreatment or neglect in accordance with subchapter III of this chapter; (6) Promulgate rules and regulations and adopt policies to implement this subchapter; and (7) Perform other duties as mandated by the Older Americans Act, as amended (42 U.S.C. § 3001 et seq.).67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 48;
16 DE Code § 1153. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1153. Access to facilities and patient records.

§ 1153. Access to facilities and patient records. (a) The Ombudsperson shall have access to any facility or record which is relevant to the performance of the Ombudsperson's responsibilities under this subchapter, including any record otherwise rendered confidential under Delaware law; provided, however, that the Ombudsperson shall obtain the consent of any resident who is able to consent or any resident's legal agent or guardian for access to such resident's records. (b) The Ombudsperson may initiate an investigation of any long-term care facility independent of the receipt of a specific complaint. (c) Any state agency to which the Ombudsperson refers a complaint shall periodically advise the Ombudsperson of the status of the investigation of the complaint and notify the Ombudsperson in a timely manner of the disposition of the complaint. (d) The Ombudsperson shall protect the confidentiality of residents' records and shall permit access to such records only in accordance with regulations of the Office of the Long-Term Care Ombudsperson. (e) The Ombudsperson shall protect the confidentiality of files maintained by the Ombudsperson and shall permit access to such files only under conditions as the Ombudsperson, in the Ombudsperson's own sole discretion, deems appropriate. (f) Notwithstanding any other provision of this subchapter, the Ombudsperson shall not disclose the identity of any complainant or resident unless a court orders such disclosure or the complainant or resident consents in writing to the disclosure of the complainant's or resident's identity. 67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 1154. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1154. Good faith immunity.

§ 1154. Good faith immunity. (a) Persons and agencies participating in an investigation under this subchapter shall be immune from civil liability arising from their good faith participation in the investigation. (b) No long-term care facility, other entity or person shall engage in retaliation or reprisals against any person or agency due to such person or agency's participation in an investigation under this subchapter. 67 Del. Laws, c. 76, §  1;
16 DE Code § 1155. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1155. Sanctions for interference with Ombudsperson.

§ 1155. Sanctions for interference with Ombudsperson. (a) No person, agency or long-term care facility shall wilfully interfere with the performance of the duties and exercise of the powers of the Ombudsperson provided in this subchapter. (b) Whoever violates this subchapter shall be fined not more than $100 for the first offense and not less than $100 nor more than $1,000 for each subsequent offense. Each violation shall be considered a separate offense. 67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 1156. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VI. Office of the Long-Term Care Ombudsperson|§ 1156. Jurisdiction.

§ 1156. Jurisdiction. (a) Justices of the Peace shall have jurisdiction over violations of this subchapter. (b) The Superior Court shall have jurisdiction over appeals of the decisions entered pursuant to subsection (a) of this section. Such appeals shall be on the record. 67 Del. Laws, c. 76, §  1;
16 DE Code § 1163. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1163. Activities staffing.

§ 1163. Activities staffing. (a) All residential health facilities licensed for 30 beds or more shall have a full-time activities director. Any activities director hired after July 1, 2001, shall be a certified therapeutic recreation specialist, a certified occupational therapy assistant, a certified music therapist, a certified art therapist, a certified drama therapist, a certified dance/movement therapist, a certified activities director, or a registered occupational therapist. (b) All residential health facilities licensed for fewer than 30 beds shall have, at a minimum, a part-time activities director as described in subsection (a) of this section, in accordance with the following formula:  Number of beds ÷ 30 x 40 = ________ hours per week minimum required for an activities director.  A subacute transitional care unit of an acute care hospital with 30 beds or fewer is exempt from the provisions of this subsection provided that other licensed personnel perform the duties of this function.  72 Del. Laws, c. 490, §  2;  73 Del. Laws, c. 162, §§  14, 15;