§ 23-17-12.5 - Complaints – Nursing homes.
SECTION 23-17-12.5
§ 23-17-12.5 Complaints – Nursinghomes. – (a) Complaints regarding a nursing facility that do not constitute patientabuse, neglect or mistreatment, as regulated under chapter 17.8 of this title,shall be investigated and evaluated by the department as follows:
(1) The investigation and evaluation shall be made withintwenty-four (24) hours if the department has reasonable cause to believe thepatient's or resident's health or safety is in "immediate jeopardy"; withinseven (7) days for reports – deemed by the department to be of"non-immediate jeopardy – high potential for harm"; within twenty-one (21)days for reports deemed by the department to be of "non-immediate jeopardy– medium potential for harm"; and within sixty (60) days for reportsdeemed by the department to be of "non-immediate jeopardy – low potentialfor harm."
(2) The investigation shall include a visit to the facility.
(3) Reports of complaint investigations shall be governed inaccordance with chapter 17.8 of this title.
(b) Definitions. For purposes of this section, thefollowing definitions shall apply:
(1) "Immediate jeopardy" means a situation in which thenursing facility's alleged noncompliance with one or more state or federalrequirements or conditions has caused, or is likely to cause serious injury,harm, impairment or death to a resident; or shall be defined in accordance with42 CFR 489 or any subsequent applicable federal regulations.
(2) "Non-immediate jeopardy – high potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions may have caused harm thatnegatively impacts the individual's mental, physical and/or psychosocialstatus; or shall be defined in accordance with 42 CFR 489 or any subsequentapplicable federal regulations.
(3) "Non-immediate jeopardy – medium potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions has caused or may havecaused harm that is of limited consequence and does not significantly impairthe individual's mental, physical and/or psychosocial status to function; orshall be defined in accordance with 42 CFR 489 or any subsequent applicablefederal regulations.
(4) "Non-immediate jeopardy – low potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions may have caused mental,physical and/or psychosocial discomfort that does not constitute injury ordamage; or shall be defined in accordance with 42 CFR 489 or any subsequentapplicable federal regulations.
(c) Avoidance of conflict. The department shallestablish procedures to insure that the prioritization and classification ofcomplaints received in accordance with section (a) above, and chapter 17.8 ofthis title, shall be independent of other nursing facility regulatoryfunctions. The department shall include procedures to assure that no employeeor agent of the department shall be participating in or supervising a complaintinvestigation concerning any facility to which that employee has any ownership,employment, or consultant arrangement. The restrictions imposed by thedepartment under this subsection shall be in addition to, and not in place of,the requirements of chapter 14 of title 36.
(d) Interagency agreements. The department shall enterinto interagency agreements with any other departments or agents of stategovernment clarifying roles and responsibilities for the receipt andinvestigation of complaints regarding nursing facility care, includingguidelines to allow an exchange of data unless such exchange is explicitlyprohibited by law.