Current through Register Vol. 46, No. 19, March 20, 2024
Each party shall receive a copy of the signed contract. (III)
Each contract for residents shall:
(1)
State the rate or scale per day or per month for services included in the rate
or scale and method of payment; (III)
(2) Contain a complete schedule of all
offered services for which a fee may be charged in addition to the base rate.
(III) Furthermore, the contract shall:
a.
Stipulate that no further additional fees shall be charged for items not
contained in complete schedule of services as set forth in this subrule;
(III)
b. State the method of
payment of additional charges; (III)
c. Contain an explanation of the method of
assessment of such additional charges and an explanation of the method of
periodic reassessment, if any, resulting in changing such additional charges;
(III)
d. State that additional fees
may be charged to the resident for nonprescription drugs, other personal
supplies, and services by a barber, beautician, etc.; (III)
(3) Contain an itemized list of
those services, with the specific fee the resident will be charged and method
of payment, as related to the resident's current condition, based on a
preadmission evaluation assessment which is determined in consultation with the
administrator; (III)
(4) Include
the total fee per day to be charged to the resident; (III)
(5) State the conditions whereby the facility
may make adjustments to its overall fees for resident care as a result of
changing costs. (III) Furthermore, the contract shall provide that the facility
shall give:
a. Written notification to the
resident, or responsible party when appropriate, of changes in the overall
rates of both base and additional charges, at least 30 days prior to effective
date of such changes; (III)
b.
Notification to the resident, or responsible party when appropriate, of changes
in charges, based on a change in the resident's condition. Notification must
occur prior to the date such revised charges begin. If notification is given
orally, subsequent written notification must also be given within a reasonable
time, not to exceed one week, listing specifically the adjustments made;
(III)
(6) State the
terms of agreement in regard to refund of all advance payments in the event of
transfer, death, voluntary or involuntary discharge; (III)
(7) State the terms of agreement concerning
the holding and charging for a bed in the event of temporary absence of the
resident; such terms shall include, at a minimum, the following provisions:
a. If a resident has a temporary absence from
a facility for medical treatment, the facility shall ask the resident or
responsible party if they wish the bed held open. This shall be documented in
the resident's record including the response. Upon request of the
resident/responsible party, the facility shall hold the bed open for at least
ten days during the resident's absence and the facility shall receive payment
for the absent period in accordance with provisions of the contract.
(II)
b. If a resident has a
temporary absence from a facility for therapeutic reasons as approved by a
physician or qualified intellectual disabilities professional, the facility
shall ask if the resident or responsible party wishes that the bed be held
open. This request shall be documented in the resident's record, including the
response. The bed shall be held open at least 30 days per year, and the
facility shall receive payment for the absent periods in accordance with the
provisions of the contract. The required holding during temporary absences for
therapeutic reasons is limited to 30 days per year. (II)
c. For Title XIX residents, the department of
health and human services shall continue funding for the temporary absence as
provided under paragraphs "a" and "b" and in
accordance with department of health and human services guidelines.
d. Private pay residents shall have a
negotiated rate stated in the signed contract relating to these provisions.
(II)
(8) State the
conditions under which the involuntary discharge or transfer of a resident
would be effected; (III)
(9) State
the conditions of voluntary discharge or transfer; (III)
(10) Set forth any other matters deemed
appropriate by the parties to the contract. No contract or any provision
thereof shall be drawn or construed so as to relieve any facility of any
requirement or obligation imposed upon it by this chapter or any standards or
rules in force pursuant to this chapter. (III)
