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 the penalties for operating without a required license, failing to conduct necessary background checks, and not adhering to drug testing requirements. The bill also establishes a new Residential Facility Quality of Care Improvement Fund, which will be funded by revenues from fines imposed on non-compliant providers and used to support quality improvement initiatives and regulatory actions.
Additionally, the bill amends existing law to allow for civil penalties against individuals who fail to report suspected abuse, neglect, or exploitation of individuals with developmental disabilities, rather than waiting for a conviction. This change aims to strengthen accountability among case managers and caregivers. The bill also maintains the department's authority to take negative licensing actions against noncompliant providers, ensuring that the health and safety of individuals with developmental disabilities are prioritized. Overall, the legislation seeks to improve the quality of care and oversight in residential facilities for this vulnerable population.
Statutes affected: Introduced: 30:6D-75