Current through September 17, 2024
004.01 Separate
License
An applicant must obtain a separate license for each type of
health care facility or health care service that the applicant seeks to
operate. All buildings in which care and treatment is provided must comply with
175 NAC
4-006 and if applicable, 175 NAC
4-007. A single license may be issued
for:
1. An assisted-living facility
operating in separate buildings or structures on the same premises under one
management;
2. An inpatient
facility that provides services on an outpatient basis at multiple locations;
or
3. A health clinic operating
satellite clinics on a intermittent basis within a portion of the total
geographic area served by such health clinic and sharing administration with
such clinics.
004.02
Single License Document
The Department may issue one license document that indicates
the various types of health care facilities or health care services for which
the entity is licensed.
004.03 Effective Date and Term of License
An assisted-living facility license expires on April 30 of
each year.
004.04 License
Not Transferable
A license is issued only for the premises and persons named
in the application and is not transferable or assignable. Change of ownership
(sale, whether of stock, title, or assets, lease, discontinuance of operations)
or premises terminates the license. If there is a change of ownership and the
assisted-living facility remains on the same premises, the inspection in 175
NAC
4-005 is not required. If there is a
change of premises, the assisted-living facility must pass the inspection
specified in 175 NAC
4-005.
004.05 Bed Capacity, Usage and Location
The licensee must not put into use more beds than the total
number of beds for which the assisted-living facility is licensed. Changes in
the use and location of beds may occur at any time without prior Departmental
approval for licensure purposes. A licensee must not locate more residents in a
resident room than the capacity for which the room was originally
approved.
004.06 Change of
Ownership or Premises
The licensee must notify the Department in writing ten days
before an assisted-living facility is sold, leased, discontinued, or moved to
new premises.
004.07
Notification
An applicant or licensee must notify the Department in
writing by electronic mail, facsimile, or regular mail:
1. At the time of licensure renewal, of any
change in the location of beds;
2.
At least 30 working days prior to the date it wishes to increase the number of
beds for which the assisted-living facility is licensed;
3. To request a single license
document;
4. To request
simultaneous facility or service licensure inspections for all types of
licensure held or sought;
5. If new
construction is planned, and submit construction plans for Department approval
prior to any new construction affecting resident care and treatment areas of
the assisted-living facility. The Department may accept certification from an
architect or engineer in lieu of Department review;
6. Within 24 hours of any resident death that
occurred due to suicide, a violent act, or the resident's leaving the facility
without staff knowledge when departure presented a threat to the safety of the
resident or others;
7. Within 24
hours if a facility has reason to believe that a resident death was due to
abuse or neglect by staff;
8.
Within 24 hours of any facility fire requiring fire department response;
or
9. Within 24 hours of an
accident or natural disaster resulting in damage to the physical plant and
having a direct or immediate adverse effect on the health, safety, and security
of residents. This must include a description of the well-being of the
facility's residents and the steps being taken to assure resident safety,
well-being, and continuity of care and treatment. The notification may be made
by telephone if the accident or natural disaster has affected the facility's
capacity to communicate.
004.08 Information Available to Public
The licensee must make available for public inspection upon
request licenses, license record information, and inspection reports. This
information may be displayed on the licensed premises.
004.09 Fees
The licensee must pay fees for licensure as set forth
below:
1. Initial and Renewal
Licensure fees:
a. 1 to 10 Beds $
950
b. 11 to 20 Beds
$1,450
c. 21 to 50 Beds
$1,650
d. 51 or more Beds
$1,950
2. Duplicate
original license: $10
3. Refunds
for denied applications:
a. If the Department
did not perform an inspection, the license fee is refunded except for an
administrative fee of $25.
b. If
the Department performed an inspection, the license fee is not
refunded.
004.10 Deemed Compliance
4-004.10A
Accreditation: The Department may deem a licensee in
compliance with 175 NAC
4-006 based on acceptance of
accreditation as an assisted-living facility by a recognized independent
accreditation body or public agency, which has standards that are at least as
stringent as those of the State of Nebraska, as evidence that the
assisted-living facility complies with rules and regulations adopted and
promulgated under the Assisted-Living Facility Act.
4-004.10A1 A licensee must request the
Department to deem its facility in compliance with 175 NAC
4-006 based on accreditation. The
request must be:
1. Made in
writing;
2. Submitted within 30
days of receipt of a report granting accreditation; and
3. Accompanied by a copy of the accreditation
report.
4-004.10A2 Upon
receipt of the request and acceptance of accreditation, the Department will
deem the facility in compliance with 175 NAC
4-006 and will provide written
notification of the decision to the facility within ten working days of receipt
of the request.
4-004.10A3 The
Department will exclude an assisted-living facility that has been deemed in
compliance with 175 NAC
4-006 from the random selection of up
to 25% of assisted-living facilities for compliance inspections under 175 NAC
4-005.04A. The
assisted-living facility may be selected for a compliance inspection under 175
NAC
4-005.04B.
4-004.10A4 To maintain deemed
compliance, the licensee must maintain the accreditation on which the license
was issued. If the accreditation is sanctioned, modified, terminated, or
withdrawn, the licensee must, within 15 days of receipt of notification of an
action, notify the Department in writing of the action and the cause for the
action. If the cause for action indicates possible regulatory violation, the
Department will inspect the assisted-living facility within 90 days of receipt
of notice. The assisted-living facility may continue to operate unless the
Department determines that the assisted-living facility no longer meets the
requirements for licensure under the Assisted-Living Facility Act and Health
Care Facilities Licensure Act. If the Department determines the facility no
longer qualifies for deemed compliance, the facility is subject to inspections
under 175 NAC
4-005.
