Chapter 04-126

2004 -- S 2549

Enacted 06/18/04

A N A C T

RELATING TO ASSISTED LIVING RESIDENCES

Introduced By: Senators Alves, Roberts, McBurney, and Goodwin

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17.4-6 of the General Laws in Chapter 23-17.4 entitled

"Assisted Living Residence Licensing Act" is 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 infringe 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.

     SECTION 2. Section 23-17.4-16.3 of the General Laws in Chapter 23-17.4 entitled

"Assisted Living Residence Licensing Act" is hereby amended to read as follows:

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 3. This act shall take effect upon passage.

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LC01934

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