(a) There is established a Delaware Nursing Home Resident’s Quality Assurance Commission. The Commission consists of the following members:

(1) One member appointed by the Speaker of the House.

(2) One member appointed by the President Pro Tem of the Senate.

(3) Four members serving by virtue of position, or a designee appointed by the member, as follows:

a. The Attorney General.

b. The Executive Director of the Community Legal Aid Society, Inc.

c. The Executive Director of the Delaware Health Care Facilities Association.

d. The Executive Director of the Delaware Healthcare Association.

(4) Seven members appointed by the Governor as follows:

a. One member who is a resident or a family member of a resident of a nursing home.

b. Three members, 1 from each county, who work in a nursing home setting.

c. A health-care professional.

e. Two individuals who are each an advocate for people with disabilities or the elderly, or both.

(b) Membership on the Commission must be geographically distributed so that there are members of the Commission from each of the 3 counties.

(c) (1) The members appointed by the Speaker and the President Pro Tem serve at the pleasure of their appointing authorities.

(2) The term of a Commission member is 3 years, however, the Governor may appoint 1 or more member for a term of less than 3 years to ensure that terms are staggered.

(d) (1) The members of the Commission shall elect a Chair.

(2) A majority of the total membership of the Commission constitutes a quorum. A quorum is required for the Commission to take official action.

(3) The Commission may adopt rules and bylaws necessary for its operation.

(e) The Commission, as operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly, shall furnish staff for the Commission.

(f) The Department of Justice shall provide legal advice to the Commission.

(g) The purpose of this Commission is to monitor Delaware’s quality assurance system for nursing home residents in both privately operated and state-operated facilities so that complaints of abuse, neglect, mistreatment, financial exploitation, and other complaints are responded to in a timely manner to ensure the health and safety of nursing home residents.

(h) The Commission shall meet at a minimum, on a quarterly basis.

(i) The Commission’s duties include all of the following:

(1) Examining policies and procedures and evaluating the effectiveness of the quality assurance system for nursing home residents, including the respective roles of the Department, the Department of Justice and law-enforcement agencies, and health-care professionals and nursing home providers.

(2) Monitoring data and analyzing trends in the quality of care and quality of life of individuals receiving long term care in Delaware.

(3) Reviewing and making recommendations to the Governor, Secretary, and the General Assembly concerning the quality assurance system and improvements to the overall quality of life and quality of care of nursing home residents.

(4) Protecting the privacy of nursing home residents, including complying with the guidelines for confidentiality of records established by the Division of Health Care Quality.

(j) The Commission shall prepare and publish an annual report to the Governor, Secretary, and the General Assembly. This annual report must include aggregate data with comprehensive analysis and monitoring of trends in the quality of care and quality of life of nursing home residents.

(k) Members of the Commission serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.

29 Del. C. 1953, § 7907; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 62; 60 Del. Laws, c. 207, § 1; 66 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 199, § 1; 74 Del. Laws, c. 132, §§ 1, 2; 75 Del. Laws, c. 89, § 195; 77 Del. Laws, c. 201, § 17; 81 Del. Laws, c. 209, § 12; 82 Del. Laws, c. 29, § 1.