Current through Register Vol. 52, No. 6, March 21, 2025
A. A
person may not establish, operate, or continue the operation of an existing
comprehensive care facility or extended care facility without first obtaining a
license from the Secretary. A license is valid for 2 years from the date of
issuance, unless revoked by the Secretary.
B. Separate License Required. Separate
licenses are required for facilities maintained on separate premises, even
though they are operated under the same management. Separate licenses may be
required for separate buildings on the same grounds.
C. Other License Required. A facility having
a dual function, including care of the sick requiring hospital facilities in
addition to rendering other care services, is required to be licensed for each
level of health care rendered.
D.
Posting of License Application and Instructions for Written Comment.
(1) At least 50 days before the anticipated
date of the new license or relicensure, a facility shall conspicuously post:
(a) Its application for initial license or
license renewal; or
(b) A notice
describing where in the facility the application for licensure or relicensure
may be found.
(2) The
posting shall be near the entrance, in a manner which is plainly visible and
easily read by the public.
(3) The
posting shall include instructions for filing written comments to the
Department.
E. Posting
of License. A facility shall conspicuously post its license on the premises, at
or near the entrance, in a manner which is plainly visible and easily read by
the public.
F. Provisional License.
(1) The Secretary may issue a license to a
nursing home or an extended care facility for less than a 24-month period under
any of the following conditions:
(a) A
facility has substantial deficiencies which in the opinion of the Department do
not constitute a serious or immediate threat to the health, life, or safety of
the residents and the facility has submitted a plan of correction to the
Department which satisfactorily addresses the correction of each deficiency
within a time frame acceptable to the Department;
(b) A facility has substantial deficiencies
which in the opinion of the Department have no immediate adverse effect on the
life, safety, or health status of residents but require construction or
remodeling to correct, and the facility has made a bona fide commitment to
correct the deficiencies by a required date;
(c) Departmental administrative delays have
occurred which are beyond the control of the facility;
(d) If new construction is completed to the
point of being able to provide all necessary services to its residents but
certain substantial items of equipment for optional services are temporarily
lacking, which in the opinion of the Department will have no immediate adverse
effect on the safety or health of its residents; or
(e) Licensing revocation proceedings are
pending against the facility.
(2) A provisional license shall be based upon
the facility's written plan of correction addressing every deficiency existing
at the time of licensure, including specific corrective action with the
anticipated date of correction for each deficiency. The Department's decision
to issue a provisional license shall be based upon the reasonableness of the
plan and the facility's compliance history.
(3) The Secretary shall issue only one
license of less than 24 months during a given licensure period unless the
facility can demonstrate that extenuating circumstances exist which are beyond
the control of the facility in meeting a required deadline or, where necessary,
to allow the Department to coordinate and unify its annual licensing dates with
federal certification dates.
G. Waiver of Provisions. If a facility
experiences practical difficulties or unnecessary hardships in complying with
the provisions of this chapter, and can demonstrate that granting a waiver will
not adversely affect the health and safety of its residents, the Secretary may
waive any provision of this chapter. A waiver granted to a facility is
effective for the period specified in the waiver. A waiver may be revoked at
any time if a facility violates a condition of the waiver or if it appears to
the Secretary that the health or safety of residents residing in the facility
would be adversely affected by the continuation of the waiver.
H. Plan of Correction Required.
(1) A facility shall submit a written plan of
correction to the Department within 10 working days of the date that a facility
receives written notice of deficiencies from the Department.
(2) The Department may not issue a license to
a facility until the facility submits a plan of correction that is acceptable
to the Department.
