The proposed bill would amend current statutes regarding the licensure of health care institutions by modifying the criteria under which the Department of Health Services (DHS) may deny a license application or change of ownership. Under the new provisions, DHS could deny a license if the applicant or anyone in a business relationship with them has had a health care institution license denied, revoked, or suspended, or has a history of serious licensing violations that posed a direct risk to patient safety. This replaces the existing criteria that allowed denial based solely on enforcement or court actions related to health and safety.

Additionally, the bill introduces new requirements for complaint investigations and compliance inspections. DHS would be required to notify licensees of the general nature of complaints while protecting the identity of complainants. It would also limit investigations to alleged violations occurring within the past twelve months, except in cases of abuse allegations. Furthermore, the bill mandates that statements of deficiencies issued by DHS include the relevant statutory citations and outlines a process for licensees to dispute deficiencies, including a timeline for responses and the issuance of amended statements if necessary. Importantly, decisions made by DHS regarding statements of deficiencies would not be subject to appeal.

Statutes affected:
Introduced Version: 36-420.05, 36-424.04, 36-424.05
House Engrossed Version: 36-420.05, 36-424.04, 36-424.05
Senate Engrossed Version: 36-420.05, 36-424.04, 36-424.05