Current through Reg. 49, No. 38; September 20, 2024
(a) The department
will assign one of five LONs as follows:
(1)
An intermittent LON (LON 1) will be assigned if the person's ICAP service level
score equals 7, 8, or 9;
(2) A
limited LON (LON 5) will be assigned if the person's ICAP service level score
equals 4, 5, or 6, or an LON 1 is increased in accordance with subsection (b)
or (d) of this section;
(3) An
extensive LON (LON 8) will be assigned if the person's ICAP service level score
equals 2 or 3, or an LON 5 is increased in accordance with subsection (b) or
(d) of this section;
(4) A
pervasive LON (LON 6) will be assigned if the person's ICAP service level score
equals 1, or an LON 8 is increased in accordance with subsection (b) or (d) of
this section; and
(5) Regardless of
a person's ICAP service level score, a pervasive plus LON (LON 9) will be
assigned if the person meets the criteria set forth in subsection (c) of this
section.
(b) An LON 1,
LON 5, or LON 8 will be increased to the next LON by the department, due to a
person's dangerous behavior, if the supporting documentation described in
§ 261.242 (1) of this chapter (relating to Supporting Documentation for
Level of Need) is submitted to the department proving that:
(1) the person exhibits dangerous behavior
that could cause serious physical injury to the person or others;
(2) a written behavior intervention plan has
been implemented for the person;
(3) more staff members are needed and
available than would be needed if the person did not exhibit dangerous
behavior;
(4) management of the
individual's behavior requires that staff members are constantly prepared to
physically prevent the dangerous behavior or intervene when the behavior
occurs; and
(5) the person's MR/RC
Assessment is correctly scored with a "1" in the "Behavior" section.
(c) An LON 9 will be assigned by
the department, due to the person's extremely dangerous behavior, if the
supporting documentation described in § 261.242(2) of this chapter
(relating to Supporting Documentation for Level of Need) is submitted to the
department proving that:
(1) the person
exhibits extremely dangerous behavior that is life threatening to the person or
to others such that specified staff must be at arm's length during waking
hours;
(2) a written behavior
intervention plan has been implemented for the person;
(3) management of the person's behavior
requires a staff member to exclusively and constantly supervise the person
during the person's waking hours, which must be at least 16 hours per
day;
(4) the staff member assigned
to supervise the person has no other duties during such assignment;
and
(5) the person's MR/RC
Assessment is correctly scored with a "2" in the "Behavior" section.
(d) An LON 1, LON 5, or LON 8 will
be increased to the next LON by the department, due to a person's extraordinary
medical needs, if the supporting documentation described in § 261.242(3)
of this chapter (relating to Supporting Documentation for Level of Need) is
submitted to the department proving that:
(1)
the person's extraordinary medical needs require direct nursing treatment in
excess of 180 minutes per week;
(2)
the provision of nursing treatment is documented by a nurse in the person's
medical record to include the amount of time spent for treatment; and
(3) the person's MR/RC Assessment is
correctly scored with a "6" in the "Nursing" section.
