§321-15.6 - Adult residential care homes; licensing.

§321-15.6  Adult residential care homes;
licensing.  (a)  All adult residential care homes shall be licensed to
ensure the health, safety, and welfare of the individuals placed therein.  The
department shall conduct unannounced visits, other than the inspection for
relicensing, to every licensed adult residential care home and expanded adult
residential care home on an annual basis and at such intervals as determined by
the department to ensure the health, safety, and welfare of each resident. 
Unannounced visits may be conducted during or outside regular business hours. 
All inspections relating to follow-up visits, visits to confirm correction of
deficiencies, or visits to investigate complaints or suspicion of abuse or
neglect shall be conducted unannounced during or outside regular business
hours.  Annual inspections for relicensing may be conducted during regular
business hours or at intervals determined by the department.  Annual
inspections for relicensing shall be conducted with notice, unless otherwise
determined by the department.

(b)  The director shall adopt rules regarding
adult residential care homes in accordance with chapter 91 that shall be
designed to:

(1)  Protect the health, safety, and civil rights of
persons residing in facilities regulated;

(2)  Provide for the licensing of adult residential
care homes; provided that the rules shall allow group living in two categories
of adult residential care homes as licensed by the department of health:

(A)  Type I allowing five or fewer residents;
provided that up to six residents may be allowed at the discretion of the
department to live in a type I home; provided further that the primary
caregiver or home operator is a certified nurse aide who has completed a
state-approved training program and other training as required by the
department; and

(B)  Type II allowing six or more residents,
including but not limited to the mentally ill, elders,  persons with
disabilities, the developmentally disabled, or totally disabled persons who are
not related to the home operator or facility staff;

(3)  Comply with applicable federal laws and
regulations of Title XVI of the Social Security Act, as amended; and

(4)  Provide penalties for the failure to comply with
any rule.

For the purposes of this subsection:

"Developmentally disabled" means a
person with developmental disabilities as defined under section 333F-1.

"Elder" has the same meaning as
defined under section 356D-1.

"Mentally ill" means a mentally ill
person as defined under section 334-1.

"Persons with disabilities" means
persons having a disability under section 515-2.

"Totally disabled person" has the
same meaning as a person totally disabled as defined under section 235-1.

(c)  The department may provide for the
training of and consultations with operators and staff of any facility licensed
under this section, in conjunction with any licensing thereof, and shall adopt
rules to ensure that adult residential care home operators shall have the
needed skills to provide proper care and supervision in a home environment as
required under department rules.

(d)  The department shall establish a standard
admission policy and procedure which shall require the provision of information
that includes the appropriate medical and personal history of the patient as
well as the level of care needed by the patient prior to the patient's referral
and admission to any adult residential care home facility.  The department
shall develop appropriate forms and patient summaries for this purpose.

(e)  The department shall maintain an inventory
of all facilities licensed under this section and shall maintain a current
inventory of vacancies therein to facilitate the placement of individuals in
such facilities.

(f)  The department shall develop and adopt a
social model of health care to ensure the health, safety, and welfare of
individuals placed in adult residential care homes.  The social model of care
shall provide for aging in place and be designed to protect the health, safety,
civil rights, and rights of choice of the persons to reside in a nursing
facility or in home- or community-based care.

(g)  Any fines collected by the department of
health for violations of this section shall be deposited into the office of
health care assurance special fund. [L 1978, c 107, pt of §3; am L 1979, c 9,
§1 and c 105, §33; am L 1982, c 54, §2; am L 1985, c 272, §5; am L 1986, c 177,
§2; am L 1987, c 283, §21; am L 1988, c 334, §2; am L 1990, c 67, §5; am L
1993, c 227, §1; am L 1997, c 341, §2 and c 350, §15; am L 1998, c 132, §4; am
L 2002, c 166, §3 and c 188, §2; am L 2003, c 202, §1; am L 2006, c 270, §2; am
L 2007, c 90, §3 and c 249, §20]

Cross References

  Coordination and development of caregiver support services,
see §349-15.

  Dependent elder abuse; suits by the State; civil penalties,
see §28-94.

  Long term care, see chapter 346D.