(a) A person may not establish, conduct, or maintain any long-term care facility in this State without first obtaining a license from the Department and thereafter renewing this license on an annual basis. Failure to comply with this subsection shall result in the imposition by the Department of a civil penalty not to exceed $10,000 per violation.

Terms Used In Delaware Code Title 16 Sec. 1103

  • assisted living facility: means a special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. See Delaware Code Title 16 Sec. 1102
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
  • Long-term care facility: includes all of the following:

    1. See Delaware Code Title 16 Sec. 1102

  • nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
  • Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
  • rest residential facility: means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living. See Delaware Code Title 16 Sec. 1102
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) A nursing facility, assisted living facility, or rest residential facility must operate under the direction of an individual authorized or licensed to perform the functions of a nursing home administrator under Chapter 52 of Title 24.

71 Del. Laws, c. 488, § ?2; 76 Del. Laws, c. 89, § ?2; 81 Del. Laws, c. 206, § 4;