36-417. Use of compliance surveys; advertisement; requirements
A. The results of a department state compliance survey of a nursing care institution, assisted living center or assisted living home or a federal certification survey of a skilled nursing facility may not be used in an advertisement, unless the advertisement includes all of the following:
1. The date the survey was conducted.
2. A statement that the department conducts a survey of all licensed long-term care facilities and assisted living facilities at least once every fifteen months.
3. If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date the finding or deficiency was substantially corrected.
4. The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey.
5. The average number of findings and deficiencies cited in a statement of deficiencies for a nursing care institution or assisted living center or assisted living home during the same calendar year as the survey used in the advertisement.
6. A statement that the advertisement is neither authorized nor endorsed by the department or any other government agency.
B. This section does not prohibit the results of a survey, a statement of deficiencies or the findings and deficiencies cited in that statement on the basis of the survey under this section from being used in a criminal investigation or prosecution.