71-444. Complaints; investigation; immunity.

224 words·~1 min read·/ne/chapter-71/71-444

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation. In making such determination, the department may consider factors such as:

(a)Whether the complaint pertains to a matter within the authority of the department to enforce;

(b)Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;

(c)Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;

(d)Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or

(e)Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.

(2)A complaint submitted to the department shall be confidential. A person submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.