1. (a) All skilled nursing facilities shall be licensed by the department of health to ensure the health, safety, and welfare of the individuals placed therein.
2. (b) The director of health shall adopt rules pursuant to chapter 91 that shall provide for the licensing of skilled nursing facilities.

3. (c) The rules shall provide that accreditation by The Joint Commission or other nationally recognized accreditation or certification organization demonstrates a skilled nursing facility's compliance with all licensing inspections required by the State. The rules may exempt a skilled nursing facility from a licensing inspection on a continuing basis throughout the term of the accreditation or certification under the following conditions:

   1. (1) The skilled nursing facility provides a certified copy of the facility's official accreditation or certification report to the department;
   2. (2) The skilled nursing facility continuously holds full accreditation or certification by the accreditation or certification organization; and
   3. (3) The skilled nursing facility holds a current and valid state license.
4. (d) The rules shall provide that the department may conduct inspections and investigations of exempt skilled nursing facilities regarding complaints, adverse accreditation or certification findings, or periodic validation surveys.
5. (e) Information contained in reports of survey and official accreditation or certification letters made by the accreditation or certification organization used in determining compliance with licensing requirements shall be public information.
6. (f) All other records maintained by the department shall be governed by chapter 92F.

[L 2021, c 28, §2]