R432-270-10. Admissions

  (1) The facility shall have written admission, retention, and transfer policies that are available to the public upon request.

  (2) Before accepting a resident, the facility must obtain sufficient information 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 facility:

  (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 in the activities of daily living (ADL); and

  (iv) do not require total assistance from staff or others with more than three ADLs.

  (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 facility 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 facilities shall 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 on which the nursing care begins.

  (7) Type I and Type II assisted living facilities shall 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 UCA Section 26-21-304.

  (8) The prospective resident or the prospective resident's responsible person must sign a written admission agreement prior to admission. The admission agreement shall be kept on file by the facility 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 prior to any change in established charges;

  (c) admission, retention, transfer, discharge, and eviction policies;

  (d) conditions under which 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 provisions 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 facility may accept and retain residents who have been admitted to a hospice program, under the following conditions:

  (a) the facility keeps a copy of the physician's diagnosis and orders for care;

  (b) the facility makes the hospice services part of the resident's service plan which shall explain who is responsible to meet the resident's needs; and

  (c) a facility may retain hospice patient residents who are not capable of exiting the facility without assistance with the following conditions:

  (i) the facility must assure that 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 facility must train the assigned worker or individual to specifically assist in the emergency evacuation of the assigned hospice patient resident;

  (iii) the worker or individual must be 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 percent of the facility's resident census.

  (10) A type II assisted living facility may accept and retain hospice patient residents under the following conditions:

  (a) the facility keeps a copy of the physician's diagnosis and orders for care;

  (b) the facility makes the hospice services part of the resident's service plan which shall explain who is responsible to meet the resident's needs; and

  (c) if the hospice patient resident cannot evacuate the facility without significant assistance, the facility must:

  (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.