§ 22 §1816 — Inspections

1.
Inspection requirements.
Every building, institution or establishment for which a license has been issued must be periodically inspected by duly appointed representatives of the division of licensing and certification under the rules adopted by the department. An institution licensed pursuant to this chapter may not be required to be licensed or inspected under the laws of this State relating to hotels, restaurants, lodging houses, boardinghouses and places of refreshments. A full license may not be issued until the applicant has furnished the department with a written statement signed by the Commissioner of Public Safety or the proper municipal official designated in Title 25, chapters 313 to 321 to make fire safety inspections that the home and premises comply with Title 25, chapters 313 to 321 relating to fire safety. The department shall establish and pay reasonable fees to the municipal official or the Commissioner of Public Safety for each such inspection. This written statement must be furnished prior to the issuance of full licensure.
2.
Accredited hospitals.
A hospital licensed under this chapter is exempt from department inspection requirements under this chapter if:
3.
Nonaccredited hospitals.
If a hospital is certified to participate in the federal Medicare program and is not accredited by a health care facility accrediting organization recognized by the Centers for Medicare and Medicaid Services, the department shall inspect the hospital every 3 years for compliance with the Centers for Medicare and Medicaid Services' conditions of participation.
4.
Hospitals not exempt.
The provisions of subsections 2 and 3 do not exempt a hospital from an inspection by the department in response to a complaint or suspected violation of this chapter or of the Centers for Medicare and Medicaid Services' conditions of participation or an inspection by another state agency or municipality for building code, fire code, life safety code or other purposes unrelated to health care facility licensing or accreditation.
5.
Subpoenas.
The commissioner, the commissioner's delegate or the legal counsel for the department may issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a credible allegation of licensure violations, including, but not limited to, health care information that is confidential under section 1711‑C. The department may apply to the District Court to enforce a subpoena. A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department.
6.
Confidentiality.
Information or records obtained by subpoena must be treated in accordance with section 1828.
For purposes of this section, "Centers for Medicare and Medicaid Services" means the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.

Legislative History

PL 1971, c. 592, §5 (AMD). PL 1975, c. 623, §27 (AMD). PL 1981, c. 470, §A71 (AMD). PL 1997, c. 488, §2 (AMD). PL 2007, c. 314, §1 (AMD). PL 2007, c. 314, §2 (AFF). PL 2019, c. 343, Pt. YY, §5 (AMD). PL 2021, c. 398, Pt. MM, §1 (AMD). PL 2021, c. 541, §1 (RPR). PL 2025, c. 236, §§1, 2 (AMD).