Section 144-126-3.B - Right of Entry and Inspection3.B.1. Any duly designated employee of the Department shall have the right to enter upon and into the premises of any ESRD Facility who has applied for a license or who is licensed pursuant to these rules and regulations. The Department can inspect relevant Facility documents to determine whether the Facility is in compliance with these rules and regulations. The right of entry and inspection shall extend to any premises and documents of Facilities whom the Department has reason to believe are providing ESRD services without a license. Such entries or inspections shall be made with permission of the owner or person in charge unless a warrant is first obtained from the District Court authorizing that entry or inspection ( 22 M.R.S.A. §2148) . Any duly designated employee of the Department, with the permission of the patient, may also make patient home visits at his/her discretion.3.B.2. Application for licensure, whether initial or renewal, shall constitute permission for entry into, and survey of, an ESRD Facility by authorized licensing authority representatives at reasonable times, during pendency of the application and, if licensed, during the licensure period.3.B.3. Surveys may be unannounced at the sole discretion of the Division of Licensing and Certification. All complaint investigations will be unannounced.3.B.4. Upon receipt of a Statement of Deficiencies from the Division of Licensing and Certification, the licensee or his/her representative will be required to submit a Plan of Correction to the Division of Licensing and Certification within ten (10) working days of receipt stating how the ESRD Facility intends to correct each violation noted and the expected date of completion.3.B.5. The Division of Licensing and Certification may, at its sole discretion, accept the Plan of Correction as written, or request modification of the Plan by the licensee.3.B.6. Regardless of the term of the license, the Department shall monitor for continued compliance with applicable rules and regulations.3.B.7. Inspections The Department shall inspect the ESRD Facility for one (1) year, except that State inspections need not be performed during a year when a Medicare certification survey is performed.
3.B.8. An ESRD Facility is not eligible for licensure or renewal of licensure, unless the ESRD Facility has had a Medicare survey or a State licensure survey within the previous year.10-144 C.M.R. ch. 126, § 3.B