§321-15.62  Expanded adult
residential care homes; licensing.  (a)  All expanded adult residential
care homes shall be licensed to ensure the health, safety, and welfare of the
individuals placed therein.



(b)  The director of health shall adopt rules
regarding expanded adult residential care homes in accordance with chapter 91
that shall implement a social model of health care designed to:



(1)  Protect the health, safety, civil rights, and
rights of choice of residents in a nursing facility or in home- or
community-based care;



(2)  Provide for the licensing of expanded adult
residential care homes for persons who are certified by the department of human
services, a physician, advanced practice registered nurse, or registered nurse
case manager as requiring skilled nursing facility level or intermediate care
facility level of care who have no financial relationship with the home care
operator or facility staff; provided that the rules shall allow group living in
the following two categories of expanded adult residential care homes as
licensed by the department of health:



(A)  A type I home shall consist of five or
fewer residents with no more than two nursing facility level residents;
provided that more nursing facility level residents may be allowed at the discretion
of the department; and provided further that up to six residents may be allowed
at the discretion of the department to live in a type I home; provided 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)  A type II home shall consist of six or
more residents, with no more than twenty per cent of the home's licensed
capacity as nursing facility level residents; provided that more nursing
facility level residents may be allowed at the discretion of the department;



provided further
that the department shall exercise its discretion for a resident presently
residing in a type I or type II home, to allow the resident to remain as an
additional nursing facility level resident based upon the best interests of the
resident.  The best interests of the resident shall be determined by the
department after consultation with the resident, the resident's family, primary
physician, case manager, primary caregiver, and home operator;



(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.



(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 expanded 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 expanded 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. [L 1998, c 132, pt of §1; am L 2002, c 166, §4; am L 2006, c
270, §3]