Current through 2016 Legislative Session, Act 399
(a) It is the intent of the General Assembly that the primary purpose of the licensing and regulation of nursing facilities and similar facilities is to ensure that these facilities provide a high quality of care and quality of life to their residents.
(b) This chapter and the regulations adopted to implement it establish minimum acceptable levels of care. A violation of a minimum acceptable level of care is prohibited by law.
(c) The State shall undertake measures to prevent violations. Prevention shall be promoted through education, particularly regarding any new laws and regulations adopted by the State.
(d) The State shall undertake measures to assure that violations of this chapter and the regulations promulgated thereunder are remedied. To that end, the Department shall, in conformity with this chapter, set standards of care, determine compliance with those standards through inspections, investigations and other compliance measures, and impose sanctions and remedies for noncompliance.
(e) The Department shall be responsible for issuing licenses and certifying the compliance of facilities with state laws and regulations. Each facility licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the regulations promulgated thereunder. Components of quality of care and quality of life addressed by this Chapter and regulations promulgated thereunder include: access to care; continuity of care; comprehensiveness of care, including activities; coordination of services; humaneness of treatment and respect for the dignity of each resident; safety of the environment; and qualifications of caregivers.
(f) This chapter and the regulations promulgated hereunder apply to each licensed nursing facility and similar facility operating in the State regardless of the nature of its funding sources. This chapter and its regulations are intended for use in state inspections of facilities licensed under this chapter and any investigations and enforcement actions, and are designed to be useful to consumers and providers in assessing the quality of care provided in a facility.
(g) The consumer protection goal of ensuring that residents of nursing facilities and similar facilities receive quality care shall be strived for in the following ways:
(1) Monitoring the factors relating to the health, safety, welfare and dignity of each resident;
(2) Providing effective remedies and requiring their prompt imposition for noncompliance with licensing standards; and
(3) Providing the public with information concerning the operation of nursing facilities and related facilities in this State.
(h) This Chapter shall be construed broadly to accomplish the purposes set forth in this section.
71 Del. Laws, c. 488, § 2.;