§ 23-17-12.5. Complaints — Nursing homes.
(a) Complaints regarding a nursing facility that do not constitute patient abuse, neglect
or mistreatment, as regulated under chapter 17.8 of this title, shall be investigated
and evaluated by the department as follows:
(1) The investigation and evaluation shall be made within twenty-four (24) hours if the
department has reasonable cause to believe the patient's or resident's health or safety
is in "immediate jeopardyâ€�; within seven (7) days for reports — deemed by the department
to be of "non-immediate jeopardy — high potential for harmâ€�; within twenty-one (21)
days for reports deemed by the department to be of "non-immediate jeopardy — medium
potential for harm�; and within sixty (60) days for reports deemed by the department
to be of "non-immediate jeopardy — low potential for harm.â€�
(2) The investigation shall include a visit to the facility.
(3) Reports of complaint investigations shall be governed in accordance with chapter 17.8
of this title.
(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) "Immediate jeopardy� means a situation in which the nursing facility's alleged noncompliance
with one or more state or federal requirements or conditions has caused, or is likely
to cause serious injury, harm, impairment or death to a resident; or shall be defined
in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(2) "Non-immediate jeopardy — high potential for harmâ€� means a situation in which a nursing
facility's alleged noncompliance with one or more state or federal requirements or
conditions may have caused harm that negatively impacts the individual's mental, physical
and/or psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(3) "Non-immediate jeopardy — medium potential for harmâ€� means a situation in which a
nursing facility's alleged noncompliance with one or more state or federal requirements
or conditions has caused or may have caused harm that is of limited consequence and
does not significantly impair the individual's mental, physical and/or psychosocial
status to function; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(4) "Non-immediate jeopardy — low potential for harmâ€� means a situation in which a nursing
facility's alleged noncompliance with one or more state or federal requirements or
conditions may have caused mental, physical and/or psychosocial discomfort that does
not constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.
(c) Avoidance of conflict. The department shall establish procedures to insure that the prioritization and classification
of complaints received in accordance with section (a) above, and chapter 17.8 of this
title, shall be independent of other nursing facility regulatory functions. The department
shall include procedures to assure that no employee or agent of the department shall
be participating in or supervising a complaint investigation concerning any facility
to which that employee has any ownership, employment, or consultant arrangement. The
restrictions imposed by the department under this subsection shall be in addition
to, and not in place of, the requirements of chapter 14 of title 36.
(d) Interagency agreements. The department shall enter into interagency agreements with any other departments
or agents of state government clarifying roles and responsibilities for the receipt
and investigation of complaints regarding nursing facility care, including guidelines
to allow an exchange of data unless such exchange is explicitly prohibited by law.