Chapter
541
2006 -- S 2540 SUBSTITUTE A
Enacted 07/10/06
A N A
C T
RELATING TO ASSISTED
LIVING
Introduced By: Senators P
Fogarty, Roberts, Perry, Gibbs, and Gallo
Date Introduced: February
09, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 23-17.4-6, 23-17.4-7, 23-17.4-10, 23-17.4-15.8, and 23-17.4-16.5
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
residents have a
physician's
diagnosis of dementia 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 or other dementia behaviors;
(ii) Inappropriate social behaviors that 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:
(i) Staff training and/or requirements specific to dementia care as determined
by the
department;
(ii) A registered nurse on staff and available for consultation at all times;
and at least one
staff
person with appropriate training and education as determined by regulation, on
duty at all
times
in Alzheimer's dementia special care units;
(iii) The residence shall provide for a secure environment appropriate for the
resident
population.
(3) "Medication administration" when one or more residents requires
medication
administration
by appropriately qualified staff as determined by the department.
23-17.4-7.
Expiration and renewal of license. -- A license, unless sooner
suspended or
revoked,
shall expire by limitation on the 31st day of December following its issuance
and may
be
renewed from year to year after completion of an annual unannounced on-site
inspection,
report,
and approval by the licensing agency and the division of fire safety. The annual
inspection
shall be
made any time prior to the date of expiration of the license. The report shall
contain
information
in any form that the licensing agency shall prescribe by regulation. The
licensing
agency
shall, on an annual basis, cause no less than ten percent (10%) of all assisted
living annual
inspections
to be conducted, in whole or in part, on nights and/or on weekends.
23-17.4-10.
Regulations, inspections, and investigations. -- (a) The licensing
agency
shall
after public hearing pursuant to reasonable notice, adopt, amend, promulgate,
and enforce
any
rules, regulations, and standards with respect to assisted living residences
for adults licensed
under
this chapter as may be designed to further the accomplishment of the purposes
of this
chapter
in promoting safe and adequate living environments for individuals in assisted
living
residences
in the interest of public safety and welfare. These regulations may provide for
the
establishment
of levels of service provided by the residence.
(b) The In addition to the annual inspection required by section
23-17.4-7, the licensing
agency shall
make or cause to be made any inspections and investigations that it deems
necessary
by duly
authorized agents of the director at any time and frequency determined by the
licensing
agency. The
licensing agency shall establish regulations to determine the frequency of
inspections
that
shall include, but not limited to, the residence's past compliance with
regulations, complaint
investigations,
quality of care issues and license type.
(c) Upon request of the licensing agency, health agencies and professionals may
share
resident
health status information with the department of health for the purpose of
determining
each
resident's capability of self preservation.
(d) Each assisted living residence licensed under this chapter shall have a plan
for
preventing
the hazards of resident wandering from the facility. This plan shall be
submitted to the
licensing
agency in a format determined by the director.
23-17.4-15.8.
Staff. -- The administrator shall be responsible for ensuring sufficient
and
qualified
staff to provide a safe and healthy environment and to provide the services
specified on
each
resident's service plan. The department shall establish requirements for staff
qualifications
and
training for each level of license. The requirements shall include staff
training on dementia
care
issues and practices as follows. All staff of dementia-level licensed
residences that have
direct
contact with residents shall have four (4) hours of initial training on
dementia-care issues
and practices
and two (2) hours of continued education annually thereafter. Training on
dementia
care
issues and practices provided and documented at any licensed assisted living
residence or
nursing
facility or by an entity authorized to provide continuing education credits may
be counted
toward
meeting these requirements. At least
one qualified awake and on duty staff person shall be
on the
premises at all times.
23-17.4-16.5.
Disclosure. -- Each assisted living residence shall disclose certain
information
about the residence to each potential resident, the resident's interested
family, and the
resident's
agent as early as practical in the decision-making process and at least prior
to the
admission
decision being made. The disclosed information shall be in print format and
shall
include
at a minimum:
(1) Identification of the residence and its owner and operator;
(2) Level of license;
(3) Admission and discharge criteria;
(4) Services available;
(5) Financial terms to include all fees and deposits, including any first month
rental
arrangements,
and the residence's policy regarding notification to tenants of increases in
fees,
rates,
services and deposits;
(6) Terms of the residency agreement.
(7)
Policy regarding acceptance of state and federal reimbursement programs.
SECTION
2. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence
Licensing
Act" is hereby amended by adding thereto the following section:
23-17.4-36.
Retaliation prohibited. – No discriminatory, disciplinary, or
retaliatory
action
shall be taken against any officer or employee of a residence by the residence;
nor against
any
guardian or family member of any resident; nor against any resident of the
residence; nor
against
any volunteer or any other person for any communication by him or her to the
department
involving
information given or disclosed by him or her in good faith regarding a
violation of this
chapter.
SECTION
3. This act shall take effect on January 1, 2007.
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LC01621/SUB A/2
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