1568.07
. (a) (1) Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall conduct an unannounced inspection of the facility to
evaluate compliance with rules and regulations and to assess the
facility's continuing ability to meet regulatory requirements. The
licensee shall notify the department, within five business days after
accepting its first resident for placement, that the facility has
commenced operating.
(2) The department may take appropriate remedial action as
provided for in this chapter.
(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Unannounced inspections shall be conducted at least annually and as
often as necessary to ensure the quality of care being provided.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.
(5) Reports on the results of each inspection or consultation
shall be kept on file in the department, and all inspection reports,
consultation reports, lists of deficiencies, and plans of correction
shall be open to public inspection.
(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.
(d) A licensee, or officer or employee of the licensee, shall not
discriminate or retaliate in any manner, including, but not limited
to, eviction or threat of eviction, against any person receiving the
services of the licensee's facility, or against any employee of the
licensee's facility, on the basis, or for the reason, that the person
or employee or any other person initiated or participated in the
filing of a complaint, grievance, or a request for inspection with
the department pursuant to this chapter or initiated or participated
in the filing of a complaint, grievance, or request for investigation
with the appropriate local or state ombudsman.
(e) A person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility, of an impending or proposed inspection of that facility by
personnel of the department, is guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not to exceed one
thousand dollars ($1,000), by imprisonment in the county jail for a
period not to exceed 180 days, or by both a fine and imprisonment.