(a)

1. (1) The Department of Human Services shall not approve a program offered by or in a nursing facility which, in the previous two (2) years, has done the following:

   1. (A) Operated under a waiver of the nurse staffing requirements in excess of forty-eight (48) hours during the week;
   2. (B) Been subjected to an extended survey or partially extended survey; or
   3. (C) Been subjected to:

(i) A civil money penalty of no less than five thousand dollars ($5,000);

1. (ii) Denial of payment for new admissions;

   1. (iii) Appointment of temporary management;

      1. (iv) Closure; or
      2. (v) Transfer of residents to another facility.

2. (2) “Extended survey”, as defined for this section, means a survey which includes a review of facility policy and procedures pertinent to Level A deficiencies in:

   1. (A) Resident rights;
   2. (B) Resident behavior and facility practices;
   3. (C) Quality of life; or
   4. (D) Quality of care.
3. (3) “Partial extended survey” means a survey conducted as a result of a deficiency in Level A requirements other than those listed above in the extended survey definition.