Statutes, codes, and regulations
Delaware Administrative Code
Title 16 - Health and SafetyDepartment of Health and Social ServicesDivision of Health Care Quality
Assisted Living Facilities
Section 3225-10.0 - Contracts

16 Del. Admin. Code § 3225-10.0

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Current through Register Vol. 28, No. 3, September 1, 2024
Section 3225-10.0 - Contracts
10.1 The assisted living facility shall supply a written contract that is precise, easily understood and readable by a resident, and in compliance with all applicable laws.
10.2 The assisted living facility shall recommend review of the contract by an attorney or other representative chosen by the resident.
10.3 Prior to executing the contract, each assisted living facility shall provide to the prospective resident a complete statement enumerating all charges for services, materials and equipment which shall, or may be, furnished to the resident during the period of occupancy.
10.4 The resident shall sign a contract within 3 business days after admission that:
10.4.1 Is a clear and complete reflection of commitments agreed to by the parties and the actual practices that will occur in the assisted living program;
10.4.2 Is accurate, precise, legible, and written in plain language; and
10.4.3 Conforms to all relevant state and local laws and regulations.
10.5 The assisted living facility shall retain the contract on-site and make it available for review by the Department or its designee. The facility shall also provide a copy to the resident.
10.6 The contract or service agreement shall include, at a minimum, the following non-financial provisions:
10.6.1 A listing of basic and optional services provided by the assisted living facility including the availability of licensed nursing staff;
10.6.2 A listing of optional services that may be provided by third parties;
10.6.3 A statement of the resident's rights, as set forth in 16Del.C.Ch. 11, Subchapter II and an explanation of the assisted living facility's grievance procedures;
10.6.4 Occupancy provisions, including:
10.6.4.1 Policies regarding bed and room assignment, including the specific room and bed assigned to the resident at the time of admission;
10.6.4.2 Policies regarding residents modifying their living area;
10.6.4.3 Procedures to be followed when the assisted living facility temporarily or permanently changes the resident's accommodation by:
10.6.4.3.1 Relocating the resident within the facility;
10.6.4.3.2 Making a change in roommate assignment; and
10.6.4.3.3 Increasing or decreasing the number of individuals occupying a room.
10.6.4.4 Procedures to be followed in transferring the resident to another facility;
10.6.4.5 Security procedures which the licensee shall implement to protect the resident and the resident's property;
10.6.4.6 The staff's right to enter a resident's room;
10.6.4.7 The resident's rights and obligations concerning use of the facility, including common areas;
10.6.4.8 The assisted living facility's policy in case of unavoidable or optional absences such as hospitalizations, recuperative stays in other settings, or vacation, and payment terms;
10.6.4.9 Provisions for interim service in the event of an emergency; and
10.6.4.10 An acknowledgment that the resident has reviewed all assisted living facility rules, requirements, restrictions, or special conditions that the facility will impose on the resident.
10.6.5 Discharge/temporary absence policies and procedures, including:
10.6.5.1 Those actions, circumstances, or conditions that temporarily disqualify individuals from continued residence in the assisted living facility or may result in the resident's discharge from the facility;
10.6.5.2 The procedures which the assisted living facility shall follow if it intends to discharge a resident and thereby terminate the contract, including a provision under which the assisted living facility shall give at least 30 days notice to the resident before the effective date of the discharge and termination of the contract, except in the case of a health emergency or substantial risk to the health and safety of the other residents or facility staff;
10.6.5.3 The procedures which the resident shall follow if the resident wishes to terminate the contract, including a provision that the resident, or appropriate representative, shall give at least 30 days notice to the assisted living facility before the effective date of the termination, except in the case of a health emergency;
10.6.5.4 The procedures which the assisted living facility shall follow in helping the resident find an appropriate placement;
10.6.5.5 In a living unit in which more than one resident is the contracting party, the terms under which the contract may be modified in the event of one of the resident's discharge or death, including the provisions for termination of the contract and appropriate refunds.
10.6.6 Obligations of the facility and the resident as to:
10.6.6.1 Arranging for or overseeing medical care; and
10.6.6.2 Monitoring of the status of the resident.
10.6.7 The assisted living facility's formal internal grievance process which shall protect residents from reprisal by the facility or its employees.
10.6.8 An inventory of the resident's personal belongings, if the resident so desires.
10.7 The contract shall include, at a minimum, the following financial provisions:
10.7.1 Party responsible for:
10.7.1.1 Handling the finances of the resident;
10.7.1.2 Purchasing or renting essential or desired equipment and supplies;
10.7.1.3 Arranging and contracting for services not covered by the contract;
10.7.1.4 Ascertaining the cost of and purchasing durable medical equipment; and
10.7.1.5 Disposing of the resident's property upon discharge or death of the resident.
10.7.2 Rate structure and payment provisions including:
10.7.2.1 All rates to be charged to the resident, including, but not limited to:
10.7.2.1.1 Service packages;
10.7.2.1.2 Fee for service rates; and
10.7.2.1.3 Other ancillary charges.
10.7.2.2 Notification of the rate structure and the criteria to be used for imposing additional charges for the provision of additional services, if the resident's service and care needs change;
10.7.2.3 Identification of the persons responsible for payment of all fees and charges and a clear indication of whether the person's responsibility is or is not limited to the extent of the resident's funds;
10.7.2.4 A provision which provides at least 60 days notice of any rate increase, except if necessitated by a change in the resident's medical condition;
10.7.2.5 Billing, payment, and credit policies, including the procedures that the assisted living facility will follow in the event the resident can no longer pay for services provided or for services or care needed by the resident; and
10.7.2.6 A description of any prepaid fees or charges and the terms governing refund of those fees or charges in the event of a resident's discharge from the assisted living facility or termination of the contract.
10.8 The contract shall be amended by the parties to reflect any applicable increase or decrease in charges. Modification may be done by an addendum to the contract.
10.9 All notices to be provided pursuant to an assisted living contract shall be in writing and mailed or hand-delivered to the resident.
10.10 No contract shall be signed before a full assessment of the resident has been completed and a service agreement has been executed. If a deposit is required prior to move-in, the deposit shall be fully refundable if the parties cannot agree on the services and fees upon completion of the assessment.

16 Del. Admin. Code § 3225-10.0

13 DE Reg. 1328 (04/01/10)