10.05.01.05

.05 Inspections by Secretary of Health.

A. Open for Inspection. A licensed facility or an entity proposing to operate such a facility shall be open during normal business hours, or any other times that the facility is serving patients, for inspection by the Department and by any other agency designated by the Department to:

(1) Survey freestanding ambulatory care facilities as directed by the Centers for Medicare and Medicaid Services;

(2) Verify compliance with licensing regulations; or

(3) Investigate complaints.

B. Noncompliance.

(1) If the Secretary determines that a licensee fails to meet any provision of this chapter, the Secretary shall:

(a) Advise the licensee of the exact nature of the violation; and

(b) Require that the facility specify what corrective action it is taking and monitor the facility to ensure that it takes corrective action.

(2) This section does not preclude the Secretary from imposing any of the sanctions set forth in this chapter.

C. Records and Reports. The facility shall make its records and reports available to the Department or its designee for inspection. On the written request of the Department, the facility shall immediately provide photocopies of records and reports, including clinical records of patients.