Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-005 - INSPECTIONS

Current through June 17, 2024
To determine compliance with operational, care, treatment,
				  and physical plant standards, the Department inspects an assisted-living
				  facility prior to and following licensure. The Department determines compliance
				  through on-site inspections, review of schematic and construction plans, and
				  reports of qualified inspectors.
005.01 Initial Inspection
The Department will conduct an announced initial on-site
				  inspection to determine compliance with 175 NAC
				  4-006 and
				  4-007. The inspection will be
				  conducted within 30 working days, or later if requested by the applicant, of
				  receipt of a completed application for an initial license. The Department will
				  provide a copy of the inspection report to the assisted-living facility within
				  10 working days after completion of an inspection.
005.02 Results of Initial Inspection
4-005.02A When the Department finds that the
				applicant fully complies with the requirements of 175 NAC
				4-006 and
				4-007, the Department will issue a
				license.
4-005.02B When the
				Department finds that the applicant had complied substantially but has failed
				to comply fully with the requirements of 175 NAC
				4-006 and
				4-007 and the failure(s) would not
				pose an imminent danger of death or physical harm to persons residing in the
				assisted-living facility, the Department may issue a provisional license. The
				provisional license:
1. Is valid for up to
				one year; and
2. Is not
				renewable.
4-005.02C
				When the Department finds the applicant has one or more violations that create
				no imminent danger of death or serious physical harm and no direct or immediate
				adverse relationship to the health, safety, or security of the persons residing
				in the facility, the Department may send a letter to the facility requesting a
				statement of compliance. The letter will include:
1. A description of each violation;
2. A request that the facility submit a
				statement of compliance within ten working days; and
3. A notice that the Department may take
				further steps if the statement of compliance is not submitted.
4-005.02D The statement of
				compliance must indicate any steps that have been or will be taken to correct
				each violation and the estimated time to correct each violation. Based on the
				statement of compliance, the Department will take one of the following actions:
1. If the facility submits and implements a
				statement of compliance that indicates a good faith effort to correct the
				violations, the Department will issue either a regular license or a provisional
				license; or
2. If the facility
				fails to submit and implement a statement of compliance that indicates a good
				faith effort to correct the violations, the Department may deny the
				license.
4-005.02E When
				the Department finds the applicant fails to meet the requirements of 175 NAC
				4-006 and
				4-007 and the failure(s) would create
				an imminent danger of death or serious physical harm, the Department will deny
				the license.