AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES.
What changed between versions
Added definition of 'affiliate' (a person who controls, is controlled by, or is under common control with an entity) and 'facility owner' (any person with 5% or more direct or indirect ownership or controlling interest), aligning the latter with federal regulations.
New Section 1108(e) requires facilities to disclose their facility owner, including all controlling persons of entities or affiliates that are not publicly traded corporations or nonprofit corporations, and to update this disclosure within 30 calendar days of any change.
Section 1108(g) changed the brochure requirement from directing recipients to both the facility website and the Department website (using 'and') to directing them to either the facility website or the Department website (using 'or').
New Section 1108A requires proposed new owners to disclose all other licensed long-term care facilities they own, operate, or manage in any state or DC in the preceding year, plus any disciplinary actions related to material risk to resident health, safety, or welfare.
New Section 1108A(b) requires the current owner to notify each resident and authorized representative of a proposed ownership transfer within 30 days of receiving Department approval of modification paperwork.
New Section 1108(f) requires the Department to publish disclosed ownership information for each facility on its website.
Removed an explicit statement granting the Department authority to delay or deny a license transfer due to previous disciplinary actions against the proposed owner or affiliates.
New Section 1108A(c) requires the new owner to provide a second notice to residents confirming the transfer information and effective date within 30 days of the Department issuing a new license.
Added exemption for nonprofit corporations from disclosing controlling persons of entities or affiliates, limiting that requirement to non-publicly-traded, non-nonprofit entities only.
Limited the disciplinary action disclosure requirement to actions related to a material risk to the health, safety, or welfare of a resident, rather than all disciplinary actions.
Added a grandfather clause exempting the Act from applying when a binding sale agreement was executed or a licensure/ownership change application was submitted before the effective date of the Act.
