Current through Register Vol. 48, No. 12, March 22, 2024
a) The
Department may impose the following remedies and sanctions upon an
establishment that is found to have committed a violation:
1) In addition to other remedies, the
Department may conduct a consultative conference with administrative staff who
oversee the daily operations of the establishment to identify remedial actions
to address a violation. At the Department's discretion the consultative
conference may be part of the on-site review, via teleconference, or other
means of communication. Failure to meet the requirements established in the
consultative conference will result in a higher sanction if the establishment
does not come into compliance.
2) A
statement of correction shall be required for all levels of violation, either
offered by the establishment or imposed by the Department. A statement of
correction must be submitted by the licensee within 15 days after the
notification to the establishment of the statement of finding or violation. A
statement of correction must be in writing and must contain:
A) A description of the specific corrective
action the establishment is taking for each finding or violation;
B) A description of the steps that will be
taken to avoid future occurrences; and
C) A specific date by which the correction
shall be completed.
3) An
administrative warning may be imposed by the Department for any Type 3
violation.
4) Mandatory training
may be required of establishment staff as a remedy for any violation.
5) A directed plan of correction may be
imposed for initial violations and repeat violations after the establishment
fails to submit or carry out its own statement of correction or the
establishment's plan fails to address the issue. The Department may impose an
immediate plan of correction for a Type 1 violation.
6) Fines shall be imposed as follows:
A) The Department will impose a fine of up to
$500 for an initial Type 2 violation.
B) The Department will impose a fine of up to
$1000 on any provider that has repeat Type 2 violations at a subsequent on-site
inspection.
C) The Department will
impose a fine of up to $2000 for initial Type 1 violations.
D) The Department will impose a fine of up to
$10,000 on any provider that has a repeat Type 1 violation or when the Director
or the Director's designee determines that a serious and immediate threat
exists.
7) A revocation
of an establishment's license may occur when other remedies and sanctions have
been progressively applied and the establishment has not achieved compliance.
The decision to revoke a license may only be made by the Director of the
Department or the Director's designee.
b) Remedies and sanctions shall be evaluated
and imposed on the basis of the:
1) Gravity of
the violation;
2) Severity of the
violation;
3) Pattern of
occurrences of the same or similar violations; and
4) History of compliance with the Act and
this Part.
c) An
unlicensed assisted living or shared housing establishment or an entity that
violates Section 295.400(a), (b) or
(c) shall be assessed a civil penalty not to
exceed $3,000. The entity will also be referred to the Department's Bureau of
Long-Term Care for review and possible referral to the Office of the Attorney
General.
d) Any licensee preventing
the Department from carrying out its duties under this Section shall have its
license revoked or suspended and be subject to a fine of not more than $250 per
day for each day the Department is prevented from carrying out its
duties.
e) Any establishment caring
for a resident whose care needs exceed those authorized under the Act shall be
fined $500 for the first violation and $1,000 for each subsequent violation.
Each day a violation continues shall be deemed a separate
violation. (Section 135(b) of the Act) The establishment shall not be
found in violation if a sudden change in a resident's condition, making the
resident ineligible for residency, has occurred within the last 72 hours, the
establishment is actively attempting to find placement for the resident in an
alternative care setting, and the establishment has initiated involuntary
termination of residency proceedings. An establishment shall be deemed to be
"actively attempting" to find alternative placement if the following occurs:
1) The establishment is assisting the
resident in finding alternative placement; and
2) A reasonable relocation plan is in place,
including a time frame and provision of services in the interim.
f) An establishment that fails to
conduct a health care worker background check as required by Section
295.3040 shall be fined $100 for
each offense.