§ 71-448 — License; disciplinary action; grounds

The Division of Public Health of the Department of Health and Human Services may take disciplinary action against a license issued under the Health Care Facility Licensure Act on any of the following grounds:
(1) Violation of any of the provisions of the Assisted-Living Facility Act, the Health Care Facility Licensure Act, the Nebraska Nursing Home Act, or the rules and regulations adopted and promulgated under such acts;
(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;
(3) Conduct or practices detrimental to the health or safety of a person residing in, served by, or employed at the health care facility or health care service;
(4) A report from an accreditation body or public agency sanctioning, modifying, terminating, or withdrawing the accreditation or certification of the health care facility or health care service;
(5) Failure to allow an agent or employee of the Department of Health and Human Services access to the health care facility or health care service for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the Department of Health and Human Services;
(6) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has submitted a complaint or information to the Department of Health and Human Services;
(7) Discrimination or retaliation against a person residing in, served by, or employed at the health care facility or health care service who has presented a grievance or information to the office of the state long-term care ombudsman;
(8) Failure to allow a state long-term care ombudsman or an ombudsman advocate access to the health care facility or health care service for the purposes of investigation necessary to carry out the duties of the office of the state long-term care ombudsman as specified in the rules and regulations adopted and promulgated by the Department of Health and Human Services;
(9) Violation of the Emergency Box Drug Act or the Pharmacy Practice Act;
(10) Failure to file a report required by section 38-1,127 or 71-552 ;
(11) Violation of the Medication Aide Act;
(12) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711 ;
(13) Violation of the Automated Medication Systems Act; or
(14) Violation of the Dialysis Patient Care Technician Registration Act.

Legislative History

Source: Laws 2000, LB 819, § 48; Laws 2004, LB 1005, § 44; Laws 2007, LB296, § 373; Laws 2007, LB463, § 1181; Laws 2008, LB308, § 12; Laws 2011, LB591, § 4; Laws 2015, LB37, § 73; Laws 2017, LB255, § 11. Cross References: Assisted-Living Facility Act, see section 71-5901. Automated Medication Systems Act, see section 71-2444. Dialysis Patient Care Technician Registration Act, see section 38-3701. Emergency Box Drug Act, see section 71-2410. Medication Aide Act, see section 71-6718. Nebraska Nursing Home Act, see section 71-6037. Pharmacy Practice Act, see section 38-2801.