1. (A) Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility or activity licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, must be disclosed publicly upon written request to the department. The request must be specific as to the facility or activity, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen calendar days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant.
2. (B) Subsection (A) does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60.

HISTORY: 1990 Act No. 376, Section 1; 1991 Act No; 164, Section 1; 2006 Act No. 372, Section 3, eff June 9, 2006; 2010 Act No. 223, Section 10, eff June 7, 2010; 2010 Act No. 278, Section 18, eff July 1, 2010; 2011 Act No. 47, Section 11, eff June 7, 2011.

Code Commissioner's Note

The amendments by 2010 Act No. 223, Section 10 and 2010 Act No. 278, Section 18 to subsection (A) are not in conflict and the amendments in both Acts will be inserted into the section. The Acts vary only in the insertion of "calendar" in the second to last sentence, and the insertion of a comma in the third and fourth sentences.

Editor's Note

2010 Act 278, Section 26, provides as follows:

"This act takes effect July 1, 2010; provided, the provisions of this act do not apply to any matter pending before a court of this State prior to June 1, 2010."

Effect of Amendment

The 2006 amendment designated subsection (A) and added subsection (B).

The first 2010 amendment by 2010 Act No. 223, Section 10, in the first sentence, added "or activity", and deleted "or a group home operated by a county mental retardation board or the State Mental Retardation Department" before "must be disclosed"; substituted "activity" for "home" in the second sentence; deleted ", or a group home", in the third and fourth sentences; and made other non substantive changes.

The second 2010 amendment by 2010 Act No. 278, Section 18, made near identical changes made by 2010 Act No. 223, see the Code Commissioner's comment above.

The 2011 amendment substituted "persons with intellectual disability" for "the mentally retarded" three times in subsection (A).