Periodic inspection of retirement home facilities by Department of Defense Inspector General and outside inspectors

  1. Law
  2. USC 24
  3. Hospitals And Asylums
  4. ARMED FORCES RETIREMENT HOME
  5. ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
  6. Periodic inspection of retirement home facilities by Department of Defense Inspector General and outside inspectors

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§418. Periodic inspection of retirement home facilities by Department of Defense Inspector General and outside inspectors

(a) Duty of Inspector General of the Department of Defense

The Inspector General of the Department of Defense shall have the duty to inspect the Retirement Home.

(b) Inspections by Inspector General

(1) Not less often than once every three years, the Inspector General of the Department of Defense shall perform a comprehensive inspection of all aspects of each facility of the Retirement Home, including independent living, assisted living, long-term care, medical and dental care, pharmacy, financial and contracting records, and any aspect of either facility on which the Advisory Council or the Resident Advisory Committee of the facility recommends inspection.

(2) The Inspector General shall be assisted in inspections under this subsection by a medical inspector general of a military department designated for purposes of this subsection by the Secretary of Defense.

(3) In conducting the inspection of a facility of the Retirement Home under this subsection, the Inspector General shall solicit concerns, observations, and recommendations from the Advisory Council, the Resident Advisory Committee of the facility, and the residents of the facility. Any concerns, observations, and recommendations solicited from residents shall be solicited on a not-for-attribution basis.

(4) The Chief Operating Officer and the Administrator of each facility of the Retirement Home shall make all staff, other personnel, and records of each facility available to the Inspector General in a timely manner for purposes of inspections under this subsection.

(c) Reports on inspections by Inspector General

(1) The Inspector General shall prepare a report describing the results of each inspection conducted of a facility of the Retirement Home under subsection (b), and include in the report such recommendations as the Inspector General considers appropriate in light of the inspection. Not later than 90 days after completing the inspection of the facility, the Inspector General shall submit the report to the Secretary of Defense, the Chief Operating Officer, the Administrator of the facility, the Senior Medical Advisor, and the Advisory Council.

(2) A report submitted under paragraph (1) shall include a plan by the Chief Operating Officer to address the recommendations and other matters contained in the report.

(d) Additional inspections

(1) The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 411(g) of this title.

(2) The Chief Operating Officer and the Administrator of a facility being inspected under this subsection shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this subsection.

(e) Reports on additional inspections

Not later than 60 days after receiving a report of an inspection from the civilian accrediting organization under subsection (d), the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing-

(1) the results of the inspection; and

(2) a plan to address any recommendations and other matters set forth in the report.

( Pub. L. 101–510, div. A, title XV, §1518, Nov. 5, 1990, 104 Stat. 1730 ; Pub. L. 105–261, div. A, title X, §1042(a), Oct. 17, 1998, 112 Stat. 2125 ; Pub. L. 107–107, div. A, title XIV, §1404(b)(1)(C), Dec. 28, 2001, 115 Stat. 1260 ; Pub. L. 110–181, div. A, title XIV, §1422(f), Jan. 28, 2008, 122 Stat. 422 ; Pub. L. 112–81, div. A, title V, §§563(b)(3), 564(b)(1), 566, 567(c)(5), Dec. 31, 2011, 125 Stat. 1423–1426 ; Pub. L. 115–91, div. A, title X, §1051(d), title XIV, §1413(a)(3), Dec. 12, 2017, 131 Stat. 1562 , 1707; Pub. L. 115–232, div. A, title X, §1081(c)(3), Aug. 13, 2018, 132 Stat. 1985 .)


Editorial Notes

Amendments

2018-Subsecs. (c)(1), (e). Pub. L. 115–232, §1081(c)(3), made technical amendment to directory language of Pub. L. 115–91, §1051(d). See 2017 Amendment notes below.

2017-Subsec. (c)(1). Pub. L. 115–91, §1413(a)(3)(A), struck out "the Under Secretary of Defense for Personnel and Readiness," after "the Secretary of Defense,".

Pub. L. 115–91, §1051(d)(1), as amended by Pub. L. 115–232, §1081(c)(3), struck out "Congress and" before "the Secretary of Defense,".

Subsec. (e). Pub. L. 115–91, §1413(a)(3)(B), which directed amendment of subsec. (e)(1) by substituting "the Secretary of Defense" for "the Under Secretary of Defense for Personnel and Readiness", was executed by making the substitution in the introductory provisions of subsec. (e) to reflect the probable intent of Congress and the intervening amendment by Pub. L. 115–91, §1051(d)(2). See below.

Pub. L. 115–91, §1051(d)(2), as amended by Pub. L. 115–232, §1081(c)(3), struck out "(1)" before "Not later", redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2), respectively, and struck out par. (2) which read as follows: "Not later than 45 days after receiving a report and plan under paragraph (1), the Secretary of Defense shall submit the report and plan to Congress."

2011-Pub. L. 112–81, §567(c)(5), substituted "Periodic inspection of retirement home facilities by Department of Defense Inspector General and outside inspectors" for "Inspection of Retirement Home" in section catchline.

Subsec. (b)(1). Pub. L. 112–81, §566(1), substituted "Not less often than once every three years," for "In any year in which a facility of the Retirement Home is not inspected by a nationally recognized civilian accrediting organization," and "of each facility of the Retirement Home" for "of that facility" and inserted "long-term care," after "assisted living,".

Pub. L. 112–81, §563(b)(3)(A)(i), substituted "Advisory Council or the Resident Advisory Committee" for "Local Board for the facility or the resident advisory committee or council".

Subsec. (b)(3). Pub. L. 112–81, §563(b)(3)(A)(ii), substituted "Advisory Council, the Resident Advisory Committee" for "Local Board for the facility, the resident advisory committee or council".

Subsec. (b)(4). Pub. L. 112–81, §564(b)(1), substituted "Administrator" for "Director".

Subsec. (c). Pub. L. 112–81, §564(b)(1), substituted "Administrator" for "Director" in two places.

Subsec. (c)(1). Pub. L. 112–81, §566(2)(A), substituted "90 days" for "45 days".

Pub. L. 112–81, §563(b)(3)(B), substituted "Advisory Council" for "Local Board for the facility".

Subsec. (c)(2). Pub. L. 112–81, §566(2)(B), added par. (2) and struck out former par. (2) which read as follows: "Not later than 45 days after receiving a report of the Inspector General under paragraph (1), the Administrator of the facility concerned shall submit to the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, and the Local Board for the facility, and to Congress, a plan to address the recommendations and other matters set forth in the report."

Subsec. (d)(2). Pub. L. 112–81, §564(b)(1), substituted "Administrator" for "Director".

Subsec. (e)(1). Pub. L. 112–81, §566(3), substituted "60 days" for "45 days" and "Chief Operating Officer shall submit to the Under Secretary of Defense for Personnel and Readiness, the Senior Medical Advisor" for "Director of the facility concerned shall submit to the Under Secretary of Defense for Personnel and Readiness, the Chief Operating Officer".

Pub. L. 112–81, §563(b)(3)(C), substituted "Advisory Council" for "Local Board for the facility".

2008-Pub. L. 110–181 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to triennial inspections, alternating duties of Inspectors General, and inspection reports.

2001-Subsec. (c). Pub. L. 107–107 substituted "Chief Operating Officer" for "Retirement Home Board".

1998-Pub. L. 105–261 amended section catchline and text generally. Prior to amendment, text read as follows: "The Inspector General of the Department of Defense shall-

"(1) conduct, not later than three years after the effective date specified in section 1541(a) (and at six-year intervals thereafter), an inspection of the Retirement Home and the records of the Retirement Home;

"(2) cause the Inspector Generals of the military departments to conduct an inspection of the Retirement Home and its records at six-year intervals alternating with the inspections by the Inspector General of the Department of Defense so that each home is inspected every three years; and

"(3) submit to the Retirement Home Board, the Secretary of Defense, and Congress a report describing the results of the inspection and containing such recommendations as the Inspector General considers appropriate."


Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. A, title X, §1081(c), Aug. 13, 2018, 132 Stat. 1985 , provided that the amendment made by section 1081(c)(3) is effective as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted.

Effective Date

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, formerly set out as a note under section 401 of this title.

First Inspection

Pub. L. 105–261, div. A, title X, §1042(b), Oct. 17, 1998, 112 Stat. 2125 , provided that: "The first inspection under section 1518 of the Armed Forces Retirement Home Act of 1991 [24 U.S.C. 418], as amended by subsection (a), shall be carried out during fiscal year 1999."


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