§ 22 §1820-A — Right of entry and inspection of nursing homes and boarding homes

The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules and regulations in force pursuant thereto. Such right of entry and inspection shall extend to any premises which the department has reason to believe is being operated or maintained as a nursing home without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the District Court authorizing the same. Any application for a nursing home license made pursuant to this chapter shall constitute permission for and complete acquiescence in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with such application.
1.
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.
2.
Confidentiality.
Information or records obtained by subpoena must be treated in accordance with section 1828.

Legislative History

PL 1967, c. 334 (NEW). PL 1975, c. 719, §3 (AMD). PL 2025, c. 236, §§3, 4 (AMD).