24-U.S.C.-418

24-U.S.C.-418

§418 – Periodic Inspection of Retirement Home Facilities By Department of Defense Inspector General and Outside Inspectors

Pathway

Title 24 > Chapter 10 > Subchapter I > Section 418

Details

  • Reference: Section 418
  • Legend: §418 – Periodic Inspection of Retirement Home Facilities By Department of Defense Inspector General and Outside Inspectors
  • USCode Year: 2013

Provision Content

(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 Congress and the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, 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

(1) 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 Under Secretary of Defense for Personnel and Readiness, the Senior Medical Advisor, and the Advisory Council a report containing—

(A) the results of the inspection; and

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

(2) 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.

(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.)

Amendments

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.

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.

U.S. Encyclopedia of Law Coverage

24-U.S.C.-418 in the Legal Encyclopedia: Hospitals

In this entry about 24-U.S.C.-418, find legal reference material, bibliographies and premiere content related to hospitals in the American Encyclopedia of Law, presenting a comprehensive view of the United States hospitals-specific issues, written by authorities in the field.

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