Current through Bulletin 2024-06, March 15, 2024
(1) The
licensee shall identify an individual or group to constitute the governing body
of the facility that shall:
(a) exercise
general policy, budget and operating direction over the facility; and
(b) set the qualifications for the
administrator of the facility.
(2) The licensee shall comply with applicable
federal, state and local laws, regulations, and codes pertaining to health,
safety and sanitation.
(3)
(a) The licensee shall appoint, in writing,
an administrator professionally licensed by the Utah Department of Commerce as
a nursing home administrator.
(b)
The administrator shall supervise no more than one licensed Intermediate Care
Facility for Individuals with Intellectual Disabilities.
(c) The administrator shall be on the
premises of the facility enough hours in the business day, and at other times
as necessary, to permit attention to the management and administration of the
facility.
(4)
(a) The administrator shall designate, in
writing, the name and title of a person to act as administrator in any
temporary absence of the administrator.
(b) The administrator's designee shall have
enough power, authority, and freedom to act in the best interests of client
safety and well-being.
(c) It is
not the intent of Subsection (4)(b) to permit an administrator's designee to
supplant or replace the administrator the licensee appointed under Subsection
(3)(a).
(5) The licensee
shall ensure the administrator's responsibilities are included in a written job
description that is maintained on file and available for department review. The
job description shall include the following responsibilities:
(a) complete, submit and file records and
reports required by the department;
(b) function as liaison between the licensee,
qualified intellectual disabilities professional and other supervisory staff of
the facility;
(c) respond to
recommendations made by the facility committees;
(d) ensure that employees are oriented to
their job functions and receive appropriate and regularly scheduled in-service
training;
(e) implement policies
and procedures for the operation of the facility;
(f) hire and maintain the required number of
licensed and non-licensed staff, as specified in this rule, to meet the needs
of clients;
(g) maintain facility
staffing records for at least the preceding 12 months;
(h) secure and update contracts for required
professional and other services not provided directly by the
facility;
(i) verify required
licenses and permits of staff and consultants at the time of hire or effective
date of contract; and
(j) review
incident and accident reports and take appropriate action.
(6) The administrator, QIDP and facility
department supervisors shall develop job descriptions for each position
including job title, job summary, responsibilities, qualifications, required
skills and licenses, and physical requirements.
(7) The administrator or designee shall
conduct and document periodic employee performance evaluations.
(8) The licensee shall ensure that personnel
have access to facility policy and procedure manuals and other information
necessary to effectively perform duties and carry out
responsibilities.
(9) The
administrator shall establish policies and procedures for health screening that
meet Subsection R432-150-10(4).
(10) The administrator shall ensure that, in
accordance with the state Medicaid Provider Agreement, facility staff provides
any requested client records, including current contact information for the
client's family, legal guardian or other client representatives upon request of
the department.
(11) The licensee
shall:
(a) establish and maintain a system
that ensures a complete accounting of clients' personal funds entrusted to the
facility on behalf of clients and precludes any commingling of client funds
with facility funds or with the funds of any person other than another
client;
(b) ensure clients'
financial records are available on request to each client or client's legal
guardian;
(c) ensure funds
entrusted to the facility on behalf of clients are kept in the facility or are
deposited within five days of receipt in an insured interest-bearing account in
a local bank, credit union or savings and loan association authorized to do
business in Utah;
(d) deposit any
money entrusted to the licensee over $150 in an interest-bearing
account;
(e) surrender any money
and valuables of a client that have been entrusted to the licensee in exchange
for a signed receipt, upon discharge of a client;
(f) ensure money and valuables kept at the
facility are surrendered upon demand and those kept in an interest-bearing
account are obtained and surrendered to the client in a timely
manner;
(g) ensure within 30 days
following the death of a client, except in the case of a medical examiner
investigation, money and valuables of that client that have been entrusted to
the licensee are surrendered to the person responsible for the client or to the
executor or the administrator of the estate in exchange for a signed
receipt;
(h) immediately notify the
local probate court in writing if a client dies without a representative or
known heirs; and
(i) promote
communication and encourage participation of clients, parents and guardians in
the active treatment services process.
