Relating to health care facilities, including joint training sessions and review of certain citations for nursing facilities, and exceptions to on-site inspections of health care facilities following complaints

This bill relates to health care facility regulation, including inspections and review of citations. The bill requires the department of inspections, appeals, and licensing (DIAL) to semiannually provide joint training sessions for inspectors and nursing facilities to review at least three of the most frequently issued federal citations in the state during the immediately preceding calendar year. DIAL shall develop a protocol to identify regional citation patterns relating to complaints, standards, and outcomes in the nursing facility inspection process, and shall include the state long-term care ombudsman or designee, and representatives of each nursing facility provider association in the state in the planning process for the joint training sessions. 38(1), DIAL, upon receipt of a complaint regarding a health care facility shall make a preliminary review of the complaint and unless DIAL concludes the complaint is intended to harass a facility or licensee or is without a reasonable basis, shall make or cause to be made an on-site inspection of the health care facility. The bill adds additional exceptions to the required on-site inspection including if DIAL concludes that the complaint involves an issue that is either the same subject of an incident self-reported by a health care facility or otherwise reported within the previous calendar days, or is a complaint that may be investigated by DIAL off site through access to electronic records and telephonic interviews. The bill requires DIAL to establish and maintain a process to review each citation issued for immediate jeopardy or substandard quality of care prior to issuance of final findings of an investigation or inspection. Representatives of the nursing facility issued such citation may participate in the review to provide context and evidence for DIAL to consider in determining if a final finding of immediate jeopardy or substandard quality of care should be issued. The review shall ensure consistent and accurate application of federal and state inspection protocols and defined regulatory standards. The bill defines “immediate jeopardy”, “likely”, and “substandard quality of care”.