This bill enhances the enforcement authority of the Department of Human Services (DHS) over service providers for individuals with developmental disabilities by allowing the department to impose financial penalties for various violations. It defines terms such as "administrative neglect," "authorized provider," and "licensed provider," and outlines specific penalties for unauthorized operation of residential settings, failure to conduct necessary background checks, and other compliance failures. The bill also establishes a new Residential Facility Quality of Care Improvement Fund, which will be funded by fines collected from noncompliant providers and used to support quality improvement initiatives and regulatory actions.
Additionally, the bill amends existing law to impose civil penalties on individuals who fail to report suspected abuse, neglect, or exploitation of individuals with developmental disabilities, shifting the responsibility from a conviction-based penalty to a daily civil penalty for non-compliance. This change aims to strengthen the accountability of case managers and caregivers in reporting obligations. Overall, the legislation seeks to improve the quality of care and oversight in residential facilities for individuals with developmental disabilities while providing the DHS with the necessary tools to enforce compliance effectively.
Statutes affected: Introduced: 30:6D-75