R432-3-3. Deemed Status

  The Department may grant licensing deemed status to facilities and agencies accredited by Federally approved accreditation agencies in lieu of the licensing inspection by the Department upon completion of the following by the facility or agency:

  (1) As part of the license renewal process, the licensee shall identify on the Request for Agency Action/Application its desire to:

  (a) initiate deemed status,

  (b) continue deemed status, or

  (c) relinquish deemed status during the licensing year of application.

  (2) This request shall constitute written authorization for the Department to attend the accrediting agency exit conference.

  (3) Upon receipt from the accrediting agency, the facility shall submit copies of the following:

  (a) accreditation certificate;

  (b) survey reports and recommendations;

  (c) progress reports of all corrective actions underway or completed in response to accrediting body's action or Department recommendations.

  (4) Regardless of deemed status, the Department may assert regulatory responsibility and authority pursuant to applicable state and federal statutes to include:

  (a) inspections,

  (b) complaint investigations,

  (c) verification of the violations of state law, rule, or standard identified in a Department survey or, violations of state law, rule, or standard identified in the accrediting body's survey including:

  (i) facilities or agencies granted a provisional or conditional accreditation by the accreditation agencies until a full accreditation status is achieved,

  (ii) any facility or agency that does not have a current, valid accreditation certificate, or

  (iii) construction, expansion, or remodeling projects required to comply with standards for construction promulgated in the rules by the Health Facility Committee.

  (5) The Department may annually conduct validation inspections of facilities or agencies accredited for the purpose of determining compliance with state licensing requirements. If a validation survey discloses a failure to comply with the standards for licensing, the provisions relating to regular inspections shall apply.