Chapter
04-086
2004 --
H 7717
Enacted 06/11/04
A N A C T
RELATING
TO ASSISTED LIVING RESIDENCES
Introduced
By: Representatives Ginaitt, McNamara, Lewiss, and Long
Date
Introduced: February 11, 2004
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 23-17.4-6 and 23-17.4-16.3 of the General Laws in Chapter 23-
17.4 entitled "Assisted Living Residence
Licensing Act" are hereby amended to read as follows:
23-17.4-6.
Issuance of license -- Posting -- Transfer. -- (a) Issuance of license.
- Upon
receipt of an application for a license, the
licensing agency shall issue a license if the applicant
and assisted living residence meet the
requirements established under this chapter; the director
shall establish levels of licensure as provided
in subsections (b) and (c) below and any rules and
regulations may be established in accordance
herewith. A license issued under this chapter shall
be the property of the state and loaned to the
licensee, and it shall be kept posted in a conspicuous
place on the licensed premises. Each license
shall be issued only for the premises and persons
named in the application, and shall not be
transferable or assignable except with the written
approval of the licensing agency.
(b) Fire code and
structural requirements.
(1) A residence
with state fire code deficiencies may be granted a license which may be
renewed subject to the submission of a plan of
correction acceptable to the state division of fire
safety, and provided the nature of the
deficiencies are such that they do not jeopardize the health,
safety, and welfare of the residents.
(2) A residence
with residents who are blind, deaf, and physically disabled shall be
subject to the applicable requirements of the
American National Standards Institute (ANSI
standards)(1961), and any other provisions that
may be required by rules and regulations pursuant
to this chapter.
(3) A residence
that elects to comply with a higher life safety code and is so approved by
the state division of fire safety and meets the
department's requirements for the appropriate level
of licensure may admit residents not capable of
self preservation.
(c) Levels of
licensure. - The department shall establish requirements for a basic license
that apply to all assisted living residences. In
addition, the department shall establish additional
licensing levels of assisted living including,
but not limited to:
(1)
"Dementia care" licensure shall be required when one or more resident's
residents
have a physician's diagnosis of dementia symptoms
impact their ability to function as
demonstrated by or an assessment, as
required by section 23-17.4-15.6, indicating dementia-
related functional impairments, and meet any of the following:
(i) Safety
concerns due to evidence of elopement risk or other dementia
behaviors;
(ii)
Inappropriate social behaviors that adversely impact repeatedly
infringes upon the
rights of others;
(iii) Inability
to self preserve due to dementia;
(iv) A
physician's recommendation that the resident needs dementia support consistent
with this level; or if the residence advertises
or represents special dementia services or if the
residence segregates residents with dementia.
(2) In
addition to the requirements for the basic license, licensing requirements for
the
"dementia care" level shall include
the following:
(A) (i)
Staff training and/or requirements specific to dementia care as determined by
the
department;
(B) (ii)
A registered nurse on staff and available for consultation at all times;
(C) (iii)
The residence shall provide for a secure environment appropriate for the
resident
population.
(2) (3)
"Medication administration" when one or more residents requires
medication
administration by appropriately qualified staff
as determined by the department.
23-17.4-16.3.
Residency agreement or contract. -- (a) Prior to exchange of any funds
and prior to admission, except as provided in
subsections (c) and (d) herein, the residence shall
execute a residency agreement or contract,
signed by both the residence and the resident, that
defines the services the residence will provide
and the financial agreements between the residence
and the resident or the residence's
representative.
(b) The
department shall establish regulations specifying the minimum provisions of
residency agreements or contracts and a minimum
prior notification time for changes in rates,
fees, service charges or any other payments
required by the residence.
(c) Any advanced
deposit, application fee, or other pre-admission payment shall be
subject to a signed document explaining fully
the terms of the payment and the residence's
refund policy.
(d) In cases of
emergency placement, the residency agreement or contract shall be
executed within five (5) working days of
admissions.
SECTION 2. This
act shall take effect upon passage.
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LC01266
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