{"data":{"id":"us-de/16-del.-c.-1108a","jurisdiction":"us-de","citation":"16 Del. C. § 1108A","heading":"Required disclosure for transfer of ownership.","body":"(a) In addition to required modification of ownership and control paperwork, the proposed new facility owner of a long-term care facility must disclose to the Department, in the manner and form determined by the Department, information related to any other licensed long-term care facilities owned by the proposed new facility owner, or any affiliates of the proposed new facility owner, seeking to assume ownership of the long-term care facility, including:\n(1) Any licensed long-term care facility owned, operated, or managed by the proposed new facility owner, or any affiliates of the proposed new facility owner, in any state or territory of the United States or in the District of Columbia in the preceding year.\n(2) Any disciplinary actions related to a material risk to the health, safety, or welfare of a resident imposed during the preceding year against any facility owned, operated, or managed by the proposed new facility owner or any affiliates of the proposed new facility owner in any jurisdiction.\n(b) Within 30 days of receiving approval of the required modification of ownership and control paperwork from the Department, the current facility owner of the long-term care facility must disclose to each current resident of the long-term care facility and, if applicable, each authorized representative of a current resident of the long-term care facility the following information:\n(1) The name of the proposed new facility owner of the long-term care facility.\n(2) Any licensed long-term care facility owned, operated, or managed by the proposed new facility owner, or any affiliates of the proposed new facility owner, in any state or territory of the United States or in the District of Columbia in the preceding year.\n(3) Any disciplinary actions related to a material risk to the health, safety, or welfare of a resident imposed during the preceding year against any facility owned, operated, or managed by the proposed new facility owner or any affiliates of the proposed new facility owner in any jurisdiction.\n(c) Within 30 days of the Department’s issuance of a new license under the new facility owner, the new facility owner must provide a second notice to each current resident of the long-term care facility, and, if applicable, each authorized representative of a current resident, confirming the information required under subsection (b) of this section and the effective date of the transfer of ownership.\n(d) This section does not apply to the transfer of ownership of a long-term care facility when either of the following apply:\n(1) A binding agreement of sale has been executed prior to July 23, 2026.\n(2) An application for licensure, change of ownership, or other required regulatory approval has been submitted to the Department prior to July 23, 2026.","path":["Title 16. Health and Safety","Regulatory Provisions Concerning Public Health","CHAPTER 11. Long-Term Care Facilities and Services","Subchapter I. Licensing By The State"],"source_url":"https://delcode.delaware.gov/title16/c011/sc01/index.html#1108A","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:20Z","sha256":"feef97d622029e95e7b7c70f8fb4c0a86a3ff17ecd13c08126214320dc489370","source_id":"us-de","stale":true,"prev":"us-de/16-del.-c.-1108","next":"us-de/16-del.-c.-1109"},"notice":"GroundRules: Original legal text. Not legal advice."}
