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§ 7970 § 7971

TITLE 29

State Government

Departments of Government

CHAPTER 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Subchapter VI. Division of Long-Term Care Residents Protection

§ 7970. Intent.

(a) It is the intent of the General Assembly that the primary purpose of the Long-Term Care Consumer Protection Act shall be:

(1) To ensure that individuals receiving long-term care services are safe and secure, receive quality care and are free from abuse, neglect, mistreatment and financial exploitation; and

(2) To promote the quality of care and quality of life for individuals receiving long-term care services.

(b) Further, it is the intent of the General Assembly to ensure that in carrying out the State's quality assurance services, the responsible state agencies and law enforcement agencies will coordinate and communicate effectively and will respond to and investigate complaints in a timely and effective manner and undertake enforcement action, civil or criminal, as warranted.

71 Del. Laws, c. 486, § 2.;

§ 7971. Division of Long-Term Care Residents Protection.

(a) There is hereby established the Division of Long-Term Care Residents Protection within the Department of Health and Social Services.

(b) Definitions. --

(1) "Adult Abuse Registry" is a central registry of information established by § 8564 of Title 11 that relates to substantiated cases of adult abuse, neglect, mistreatment, or financial exploitation. Health care facility employers must check the Adult Abuse Registry before hiring employees who would have direct access to patients/residents;

(2) "Director" shall mean the Director of the Division of Long-Term Care Residents Protection of the Department of Health and Social Services;

(3) "Division" shall mean the Division of Long-Term Care Residents Protection of the Department of Health and Social Services;

(4) "Long-Term Care Facility" means any facility, foster home, group living arrangement, adult care home or any other facility which is required to be licensed under Chapter 11 of Title 16 dealing with nursing homes, rest homes and related facilities.

(c) The purpose of the Division of Long-Term Care Residents Protection shall be to promote the quality of life of individuals receiving long-term care services and to ensure that they are safe and secure, receive quality care and are free from abuse, neglect, mistreatment and financial exploitation.

(d) The Division shall have the following duties and functions:

(1) Establish and implement policies and procedures, promulgate regulations, enforce state statutes and regulations regarding the quality of care and quality of life of individuals receiving long-term care services and refer federal violations to the appropriate authorities with recommendations for enforcement;

(2) License facilities and services on an annual basis and conduct a variety of inspections including annual, complaint-driven and surprise inspections to determine compliance with federal and state statutes and regulations;

(3) Receive and investigate complaints of abuse, neglect, mistreatment, financial exploitation and other concerns which may adversely affect the health, safety, welfare or rights of such individuals including alleged violations of federal and state statutes and regulations and in connection with such duties and functions shall have the authority to obtain an individual's hospital records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility licensed by the Division, and the individual has been admitted to a hospital from the facility or discharged from a hospital to the facility;

(4) Provide for systematic and timely notification, coordinated investigation and referral of abuse, neglect, mistreatment and financial exploitation complaints to the appropriate law enforcement agencies and the Attorney General's office;

(5) To protect the privacy of the individual receiving long-term care services and that individual's family. In furtherence of this, the Division shall establish guidelines concerning the disclosure of information concerning abuse and/or neglect involving the long-term care resident or recipient of community-based long-term care services. The Division may require persons to make written requests for access to records maintained by the Division. The Division may only release information to persons who have a legitimate public safety need for such information and such information shall be used only for the purpose for which the information is released;

(6) Maintain the Adult Abuse Registry as established by § 8564 of Title 11;

(7) In conjunction with the Attorney General's Office, develop and conduct training for Department of Health and Social Services staff and providers of long term care services on applicable statutes and regulations, as well as provide other educational workshops, including accident prevention and health promotion training, and other technical assistance as needed;

(8) Promote and advocate for consumers' rights;

(9) Meet regularly with individuals receiving long term care services and their families;

(10) Publish an annual report to the Governor, Secretary and General Assembly on the Division's activities, including comprehensive data analysis and monitoring of trends in the quality of care and quality of life of individuals receiving long-term care services in Delaware;

(11) Conduct quality assurance demonstration projects;

(12) Provide updated consumer information materials on an ongoing and as needed basis;

(13) Establish, maintain and publicize a 24-hour state-wide toll free telephone hotline operating at all times and capable of receiving reports of abuse and neglect complaints.

(14) Suspend or revoke the certificate of a certified nursing assistant for cause. Cause to suspend or revoke a certificate shall include, but is not limited to:

a. The suspension or revocation of the certified nursing assistant's certificate by another state; and

b. Circumstances where the certificate was obtained using false information.

71 Del. Laws, c. 486, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 489, § 1; 75 Del. Laws, c. 387, §§ 2, 5; 77 Del. Laws, c. 89, §§ 4, 6.;