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The Division of Long Term Care Residents Protection is authorized to impose a number of different enforcement actions when individuals, agencies, or facilities are in violation of laws or regulations regarding long term care services.
The Division can place a person on the Adult Abuse Registry for periods ranging from one year to life if an allegation of abuse, neglect, mistreatment, and/or financial exploitation of a long term care resident is substantiated.
The Division can impose civil money penalties against an employer for failing to request and receive an Adult Abuse Registry check for a job applicant. Penalties can be from $1,000 to $5,000 for each violation.
The website for the Adult Abuse Registry Law (Delaware Code, Title 11, Chapter 85, Section 8564, cited as 11 Del.C., §8564 ) in Online Delaware Code is: http://delcode.delaware.gov/title11/c085/sc05/index.shtml.
When there, either follow the link to this section at the top of the web page or scroll down to §8564.)
The Division can impose civil money penalties of $1,000 to $5,000 per occurrence for violations of the Criminal Background Check Law (16 Del. C., §§1141, 1142, 1145, & 1146).
The website for Sections 1141 and 1142 is:
The website for Sections 1145 and 1146 is:
The Division can impose civil money penalties of $1,000 to $5,000 per occurrence for violations of the Delaware law regarding abuse, neglect, mistreatment, or financial exploitation of residents or patients, according to 16 Del. C., §1136.
The website pertaining to violations of the Resident/Patient Abuse and Neglect Law is:
The Division is responsible for imposing State enforcement actions and for recommending to the Centers for Medicare & Medicaid Services (CMS) Federal enforcement actions to be imposed for non-compliance with State and Federal long term care (nursing home) regulations.
State enforcement actions (16 Del. C., §§1109 & 1113) that can be imposed include the following:
The website for Section 1109 is: http://delcode.delaware.gov/title16/c011/sc01/index.shtml.
The website for Section 1113 is: http://delcode.delaware.gov/title16/c011/sc01/index.shtml.
Federal enforcement actions (Code of Federal Regulations, Chapter IV, Part 488, Subpart F, cited as 42CFR488, Subpart F) that can be imposed include the following:
This website for 42CFR488, Subpart
F gives the Text file/version of the regulations.