§ 23-17.11-1. Legislative findings. The general assembly finds and declares that the health and welfare of the citizens of the state requires the close supervision of skilled nursing facilities and intermediate care facilities. History of Section.P.L. 1988, ch. 528, § 1.
§ 23-17.11-10. Lien. The state shall have a lien for reasonable costs incurred pursuant to this chapter on the following property: the building in which the facility is located if owned by a controlling person; the land on which the facility is located if owned by a controlling person; and any fixtures, equipment or goods […]
§ 23-17.11-11. Whistleblower protections. (a) Prohibition against discrimination. No person subject to the provisions of this chapter may discharge, demote, threaten or otherwise discriminate against any person or employee with respect to compensation, terms, conditions or privileges of employment as a reprisal because the person or employee (or any person acting pursuant to the request […]
§ 23-17.11-12. Penalties. Any facility or person that intentionally fails to comply with §§ 23-17.11-4(c) and (d), 23-17.11-7 and 23-17.11-8 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for not more than one year. Each day of violation shall constitute a separate […]
§ 23-17.11-13. Severability. If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to […]
§ 23-17.11-2. Declaration of purpose. The purpose of this chapter is to ensure quality care for citizens of the state by vesting in the department of health the power necessary to regulate nursing facilities and provide appropriate legal remedies to provide quality of care for residents in nursing care facilities. History of Section.P.L. 1988, ch. […]
§ 23-17.11-3. Definitions. As used in this chapter: (1) “Department” means the department of health. (2) “Director” means the director of the department of health. (3) “Facility” means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title. (4) “Person” means any individual, trust […]
§ 23-17.11-4. Powers and duties of director. (a) The director shall promulgate any rules and regulations pertaining to nursing facilities that he or she shall determine are necessary and proper to carry out the purposes of this chapter and shall establish a process for notification of quality of care concerns, survey results and enforcement actions […]
§ 23-17.11-5. Notification of closure — Appointment of receiver. (a) Whenever the department shall receive notification that the closure of a facility is imminent, the director shall petition the superior court for the appointment of a receiver, unless the director shall specifically determine and find that adequate and sufficient arrangements have been made by the […]
§ 23-17.11-6. Mismanagement of facility. (a) Whenever the director shall determine that a facility is being mismanaged or operated in a manner which will have a detrimental impact on the health, safety, or well-being of any residents of a facility, and that the appointment of a receiver would facilitate the protection of health, safety, or […]
§ 23-17.11-7. Reports — Use of experts — Costs. The department of health or the department of attorney general may, in effectuating the purposes of this chapter, engage experts or consultants, including, but not limited to, accountants, auditors, nursing home administrators, medical doctors, nurses or industry analysts. All copies of reports prepared by experts and […]
§ 23-17.11-8. Duty to cooperate. The facility has a duty to cooperate with the director and the attorney general in all aspects as related to this chapter. History of Section.P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
§ 23-17.11-9. Retaliation prohibited. (a) No discriminatory, disciplinary or retaliatory action shall be taken by the facility against any officer or employee of a facility; or against any guardian or family member of any resident; or against any resident of the facility; or against any volunteer, for any communication by him or her with the […]
