HSB 691

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”.