1. 1. Except as provided in subsection 3 of this section, the department of health and senior services shall inspect all facilities licensed by the department at least twice each year. Such inspections shall be conducted:

   1. (1) Without the prior notification of the facility; and
   2. (2) At times of the day, on dates and at intervals which do not permit facilities to anticipate such inspections.
2. 2. The department shall annually reevaluate the inspection process to ensure the requirements of subsection 1 of this section are met.

3. 3. The department may reduce the frequency of inspections to once a year if a facility is found to be in substantial compliance. The basis for such determination shall include, but not be limited to, the following:

   1. (1) Previous inspection reports;
   2. (2) The facility's history of compliance with rules promulgated pursuant to this chapter;
   3. (3) The number and severity of complaints received about the facility; and
   4. (4) In the year subsequent to a finding of no class I violations or class II violations, the facility does not have a change in ownership, operator, or, if the department finds it significant, a change in director of nursing.
4. 4. Information regarding unannounced inspections shall be disclosed to employees of the department on a need-to-know basis only. Any employee of the department who knowingly discloses the time of an unannounced inspection in violation of this section is guilty of a class A misdemeanor and shall have his or her employment immediately terminated.

(L. 1999 S.B. 326 § 4, A.L. 2003 S.B. 556 & 311)

CROSS REFERENCE:

Rulemaking authority, 198.534