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

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

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

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

(A)  A type I home shall consist of five orfewer residents with no more than two nursing facility level residents;provided that more nursing facility level residents may be allowed at the discretionof the department; and provided further that up to six residents may be allowedat the discretion of the department to live in a type I home; provided that theprimary caregiver or home operator is a certified nurse aide who has completeda state-approved training program and other training as required by thedepartment; and

(B)  A type II home shall consist of six ormore residents, with no more than twenty per cent of the home's licensedcapacity as nursing facility level residents; provided that more nursingfacility level residents may be allowed at the discretion of the department;

provided furtherthat the department shall exercise its discretion for a resident presentlyresiding in a type I or type II home, to allow the resident to remain as anadditional nursing facility level resident based upon the best interests of theresident.  The best interests of the resident shall be determined by thedepartment after consultation with the resident, the resident's family, primaryphysician, case manager, primary caregiver, and home operator;

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

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

(c)  The department may provide for thetraining of and consultations with operators and staff of any facility licensedunder this section, in conjunction with any licensing thereof, and shall adoptrules to ensure that expanded adult residential care home operators shall havethe needed skills to provide proper care and supervision in a home environmentas required under department rules.

(d)  The department shall establish a standardadmission policy and procedure which shall require the provision of informationthat includes the appropriate medical and personal history of the patient aswell as the level of care needed by the patient prior to the patient's referraland admission to any expanded adult residential care home facility.  Thedepartment shall develop appropriate forms and patient summaries for thispurpose.

(e)  The department shall maintain an inventoryof all facilities licensed under this section and shall maintain a currentinventory of vacancies therein to facilitate the placement of individuals insuch facilities. [L 1998, c 132, pt of §1; am L 2002, c 166, §4; am L 2006, c270, §3]