Delaware: Overview of Assisted Living Licensing

What types of facilities provide assisted living services for seniors in Delaware?

Wilmington, DelawareIn the state of Delaware, there are several types of facilities that provide care services for adults, such as assisted living facilities, rest (family care) homes and rest (residential care homes).

Facilities that specifically provide assisted living services for the elderly are known as assisted living facilities.

  • Assisted living facilities provide a special combination of housing, supportive services, supervision, personalized assistance and health care that meets an individual’s required assistance with activities of daily living and/or instrumental activities of daily living as per Delaware Administrative Code (DAC) Title 16 3225 3.0.

Nursing homes are not considered assisted living facilities.

Who licenses Assisted Living Facilities in Delaware?

The Delaware Health and Social Services Division of Long Term Care Residents Protection is responsible for licensing health care facilities.

  • A provisional license is issued to a newly established facility if they meet the licensure applications requirements of DAC Title 16 Chapter 11 Subchapter I. § 1104.
  • Following 90 days with the provisional license, an annual license is then issued if the facility still meets the licensure application requirements.

Facilities are required to prominently and conspicuously post, in a public area that is readily available to residents and the public, their license as per DAC Title 16 Chapter 11 Subchapter I. § 1108.

What is required to obtain an Assisted Living Facility license?

In the application, the owner must furnish evidence to establish the ability to comply with the minimum standards of medical care and/or nursing care as required by the license type and financial capability as per DAC Title 16 Chapter 11 Subchapter I. § 1104.

How do I know whether an Assisted Living Facility is licensed in Delaware?

There is an online directory available that lists the licensed facilities in Delaware.

How frequently are Assisted Living Facilities inspected?

The Division of Long Term Care Residents Protection is required to make unannounced inspections of assisted living facilities on an annual basis as per DAC Title 16 Chapter 11 Subchapter I. § 1107.

Where can I find inspection reports of Assisted Living Facilities?

The most recent annual survey report for a facility is available online. To review copies of older reports, you will need to submit a public records request to the Division of Long Term Care Residents Protection. Facilities are also required to retain the previous three years of inspection records.

How long are Assisted Living Facilities required to retain their copy of inspection reports?

The compliance history of a facility, which must include all inspection reports for the preceding three-year period, must be maintained in a well-lighted accessible location as per DAC Title 16 Chapter 11 Subchapter I. § 1108.

How can I file a complaint against an Assisted Living Facility and what is the complaint process?

To file a complaint, you can call the Division of Long Term Care Residents Protection’s Complaint & Incident Reporting 24-Hour line at 1-877-452-0012.

Once a complaint is received, a surveyor is at the facility within 24-48 hours regardless of the severity of the complaint. After the complaint investigation is completed, a disposition letter is sent to the individual who submitted the complaint; the disposition letter details the surveyor’s findings and whether the complaint was verified or unverified.

Back to top