Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall have written
admission, retention, and transfer policies that are available to the public
upon request.
(2) Before accepting
a resident, the licensee shall ensure enough information is obtained about the
person's ability to function in the facility through the following:
(a) an interview with the resident and the
resident's responsible person; and
(b) the completion of the resident
assessment.
(3) If the
department determines during inspection or interview that the facility
knowingly and willfully admits or retains residents who do not meet license
criteria, then the department may, for a time period specified, require that
resident assessments be conducted by an individual who is independent from the
facility.
(4) A type I licensee:
(a) shall accept and retain residents who
meet the following criteria:
(i) are
ambulatory or mobile and are capable of taking life-saving action in an
emergency without the assistance of another person;
(ii) have stable health;
(iii) require no assistance or only limited
assistance with ADLs; and
(iv) do
not require total assistance from staff or others with more than three ADLs
and
(b) may accept and
retain residents who meet the following criteria:
(i) are cognitively impaired or physically
disabled but able to evacuate from the facility without the assistance of
another person; and
(ii) require
and receive intermittent care or treatment in the facility from a licensed
health care professional either through contract or by the facility, if
permitted by facility policy.
(5) A type II licensee may accept and retain
residents who meet the following criteria:
(a) require total assistance from staff or
others in more than three ADLs, provided that:
(i) the staffing level and coordinated
supportive health and social services meet the needs of the resident;
and
(ii) the resident is capable of
evacuating the facility with the limited assistance of one person.
(b) are physically disabled but
able to direct their own care; or
(c) are cognitively impaired or physically
disabled but able to evacuate from the facility with the limited assistance of
one person.
(6) Type I
and type II assisted living licensees may not admit or retain a person who:
(a) manifests behavior that is suicidal,
sexually or socially inappropriate, assaultive, or poses a danger to self or
others;
(b) has active tuberculosis
or other chronic communicable diseases that cannot be treated in the facility
or on an outpatient basis; or may be transmitted to other residents or guests
through the normal course of activities; or
(c) requires inpatient hospital, long-term
nursing care or 24-hour continual nursing care that will last longer than 15
calendar days after the day that the nursing care begins.
(7) Type I and type II assisted living
licensees may not deny an individual admission to the facility for the sole
reason that the individual or the individual's legal representative requests to
install or operate a monitoring device in the individual's room in accordance
with Title 26, Chapter 21, Part 304, Monitoring Device -- Facility admission,
patient discharge, and posted notice.
(8) The licensee shall ensure the prospective
resident or the prospective resident's responsible person signs a written
admission agreement before admission. The licensee shall maintain the admission
agreement on file and shall specify at least the following:
(a) room and board charges and charges for
basic and optional services;
(b)
provision for a 30-day notice before any change in established
charges;
(c) admission, retention,
transfer, discharge, and eviction policies;
(d) conditions when the agreement may be
terminated;
(e) the name of the
responsible party;
(f) notice that
the department has the authority to examine resident records to determine
compliance with licensing requirements; and
(g) refund procedures that address the
following:
(i) thirty-day notices for
transfer or discharge given by the facility or by the resident;
(ii) emergency transfers or
discharges;
(iii) transfers or
discharges without notice; and
(iv)
the death of a resident.
(9) A type I assisted living licensee may
accept and retain residents who have been admitted to a hospice program, under
the following conditions:
(a) the licensee
keeps a copy of the physician's diagnosis and orders for care;
(b) the licensee makes the hospice services
part of the resident's service plan that shall explain who is responsible to
meet the resident's needs; and
(c)
a licensee may retain hospice patient residents who are not capable of exiting
the facility without assistance with the following conditions:
(i) a worker or an individual is assigned
solely to each specific hospice patient and is on-site to assist the resident
in emergency evacuation 24 hours a day, seven days a week;
(ii) the assigned worker or individual is
trained to specifically assist in the emergency evacuation of the assigned
hospice patient resident;
(iii) the
worker or individual is physically capable of providing emergency evacuation
assistance to the particular hospice patient resident; and
(iv) hospice residents who are not capable of
exiting the facility without assistance comprise no more than 25% of the
facility's resident census.
(10) A type II assisted living licensee may
accept and retain hospice patient residents under the following conditions:
(a) the licensee keeps a copy of the
physician's diagnosis and orders for care;
(b) the licensee makes the hospice services
part of the resident's service plan that explains who is responsible to meet
the resident's needs; and
(c) if
the hospice patient resident cannot evacuate the facility without significant
assistance, the licensee shall:
(i) develop
an emergency plan to evacuate the hospice resident in the event of an
emergency; and
(ii) integrate the
emergency plan into the resident's service plan.