Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-005 - INSPECTIONS

Current through June 17, 2024
To determine compliance with operational, care, treatment,
				  and physical plant standards, the Department inspects skilled nursing
				  facilities, nursing facilities, and intermediate care facilities 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
				  12-006 and
				  12-007. 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 facility within ten working days
				  after completion of an inspection.
005.02 Results of Initial Inspection
12-005.02A When the Department finds that the
				applicant fully complies with the requirements of 175 NAC
				12-006 and
				12-007, the Department will issue a
				license.
12-005.02B When the
				Department finds that the applicant has complied substantially but has failed
				to comply fully with the requirements of 175 NAC
				12-006 and
				12-007 and the failure(s) would not
				pose an imminent danger of death or physical harm to residents of the facility,
				the Department may issue a provisional license. The provisional license:
1. Is valid for up to one year; and
2. Is not renewable.
12-005.02C 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 residents of 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.
12-005.02D
				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.
12-005.02E When the Department
				finds the applicant fails to meet the requirements of 175 NAC
				12-006 and
				12-007 and the failure(s) would
				create an imminent danger of death or serious physical harm, the Department
				will deny the license.