Chapter 178
2010 -- H 8068 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO
HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING ACT
Introduced By: Representative Peter F. Kilmartin
Date Introduced: April 29, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Section 23-17.4-2 of the General Laws in Chapter
23-17.4 entitled
"Assisted Living
Residence Licensing Act" is hereby amended to read as follows:
23-17.4-2.
Definitions. -- As used in this chapter:
(1) "Activities of
daily living (ADLs)" means bathing, dressing,
eating, toileting,
mobility and transfer.
(2)
"Administrator" means any person who has responsibility for day to
day
administration or operation of an assisted living residence.
(3) "Alzheimer's
dementia special care unit or program" means a distinct living
environment within an assisted living residence that has been
physically adapted to accommodate
the particular needs and behaviors of those with
dementia. The unit provides increased staffing,
therapeutic activities designed specifically for those with
dementia and trains its staff on an
ongoing basis on the effective management of the physical and
behavioral problems of those with
dementia. The residents of the unit or program have had a
standard medical diagnostic evaluation
and have been determined to have a diagnosis of
Alzheimer's dementia or another dementia.
(4) "Assisted
living residence" means a publicly or privately operated residence that
provides directly or indirectly by means of contracts or
arrangements personal assistance to meet
the resident's changing needs and preferences, lodging,
and meals to six (6) or more adults who
are unrelated to the licensee or administrator, excluding
however, any privately operated
establishment or facility licensed pursuant to chapter 17 of this
title, and those facilities licensed
by or under the jurisdiction of the department of mental
health, retardation, and hospitals, the
department of children, youth, and families, or any other state
agency. The department shall
develop levels of licensure for assisted living residences
within this definition as provided in
section 23-17.4-6. Assisted living residences include
sheltered care homes, and board and care
residences or any other entity by any other name providing the
services listed in this subdivision
which meet the definition of assisted living residences.
(5) "Capable of
self-preservation" means the physical mobility and judgmental ability of
the individual to take appropriate action in emergency
situations. Residents not capable of self-
preservation are limited to facilities that meet more stringent
life safety code requirements as
provided under section 23-17.4-6(b)(3).
(6)
"Director" means the director of the
(7) "Licensing
agency" means the
(8) "Personal
assistance" means the provision of one or more of the following services,
as required by the resident or as reasonably requested
by the resident, on a scheduled or
unscheduled basis, including:
(i)
Assisting the resident with personal needs including activities of daily
living;
(ii) Assisting the
resident with self-administration of medication or administration of
medications by appropriately licensed staff;
(iii) Providing or
assisting the resident in arranging for health and supportive services as
may be reasonably required;
(iv)
Monitoring the activities of the resident while on the premises of the
residence to
ensure his or her health, safety, and well-being; and
(v) Reasonable
recreational, social and personal services.
(9)
"Resident" means an individual not requiring medical or nursing care
as provided in
a health care facility but who as a result of choice
and/or physical or mental limitation requires
personal assistance, lodging and meals and may require the
administration of medication. A
resident must be capable of self-preservation in emergency
situations, unless the facility meets a
more stringent life safety code as required under section
23-17.4-6(b)(3). Persons needing
medical or skilled nursing care, including daily professional
observation and evaluation, as
provided in a health care facility, and/or persons who are
bedbound or in need of the assistance of
more than one person for ambulation, are not appropriate
to reside in assisted living residences.
However, an established resident may receive daily
skilled nursing care or therapy from a
licensed health care provider for a condition that results
from a temporary illness or injury for up
to forty-five (45) days subject to an extension of
additional days as approved by the department,
or if the resident is under the care of a licensed hospice
agency provided the assisted living
residence assumes responsibility for ensuring that the care is
received. Furthermore, a new
resident may receive daily therapy services and/or limited
skilled nursing care services, as defined
through rules and regulations promulgated by the department
of health, from a licensed health
care provider for a condition that results from a
temporary illness or injury for up to forty-five
(45) days subject to an
extension of additional days as approved by the department, or if the
resident is under the care of a licensed hospice agency
provided that assisted living residence
assumes responsibility for ensuring that the care is
received. For the purposes of
this statute
chapter, "resident" shall also mean the resident's
agent as designated in writing or legal guardian.
SECTION 2. This act shall take effect on July 1, 2010.
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LC02504/SUB A
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