16 Del. Admin. Code § 3225-3.0
"Activities of Daily Living" ("ADLs") - Normal daily activities including but not limited to ambulating, transferring, range of motion, grooming, bathing, dressing, eating, and toileting.
"Administration of Medication" - The process whereby a single dose of a prescribed drug is given to a resident by an authorized licensed person, as described in 24 Del.C. § 1902.
"Assisted Living" - A special combination of housing, supportive services, supervision, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living and/or instrumental activities of daily living.
"Assisted Living Facility" - A licensed entity that provides the services described in Assisted Living.
"Assistive Technology" - Any item, piece of equipment or product system whether acquired commercially off the shelf, modified, or customized that is used to increase or improve functional capabilities of adults with disabilities.
"Assistance with Self-Administration of Medication" ("AWSAM") - Assistance with medication provided by facility personnel who are not nurses or nurse practitioners but who have successfully completed a Board of Nursing-approved medication training program in accordance with the Delaware Nurse Practice Act, 24 Del.C. Ch. 19, and applicable rules and regulations. Assistance with medication includes holding the container, opening the container, and assisting the resident in taking the medication, other than by injection, following the directions of the original container, and documenting in the medication log that each medication has been taken by the residents.
"Communicable Disease" - An illness caused by a microorganism or its toxin characterized by spread from host to victim by air, contact, blood, or bodily fluids.
"Contract" - A legally binding written agreement between the facility and the resident which enumerates all charges for services, materials, and equipment, as well as non-financial obligations of both parties, as specified in these regulations.
"Cuing" - The act of guiding residents, verbally or by gestures, to facilitate memory and/or organize verbal and/or behavioral responses.
"Department" - Department of Health and Social Services.
"Division" - Division of Health Care Quality.
"Durable Medical Equipment" - Equipment capable of withstanding repeated use, primarily and customarily used to serve a medical purpose, generally not useful to a person in the absence of an illness or injury, and needed to maintain the resident in the facility, e.g., wheelchairs, hospital beds, oxygen tanks.
"Homelike" - Having the qualities of a home, including privacy, comfortable surroundings supported by the use of residential building materials and furnishings, and the opportunity to modify one's living area to suit one's individual preferences, in accordance with the facility's policies. A homelike environment provides residents with an opportunity for self-expression and encourages interaction with community, family, and friends.
"Hospice" - An agency licensed by the State of Delaware that provides palliative and supportive medical and other health services to terminally ill residents and their families.
"Incident" - An occurrence or event, a record of which must be maintained in facility files, which includes all reportable incidents and the additional occurrences or events listed in Section 19.5 of these regulations. (Also see Reportable Incident, 19.6 and 19.7)
"Individual Living Unit" - A separate dwelling area within an assisted living facility which has living and sleeping space for one or more residents, as prescribed in these regulations.
"Instrumental Activities of Daily Living" ("IADLs") - Home management skills, such as shopping for food and personal items, preparing meals, or handling money.
"Managed/Negotiated Risk Agreement" - A signed document between the resident and the facility, and any other involved party, which describes mutually agreeable action balancing resident choice and independence with the health and safety of the resident or others.
"Medication Log" - A written document in which licensed personnel and unlicensed personnel who have completed AWSAM training record administration/ assistance with the resident's medications. The log shall list the resident's name; date of birth; allergies; reason the medication is given; special instructions; and the dosage, route(s), and time(s), for all medications received/taken with staff administration or staff assistance. The log is signed/initialed by a staff member after each resident has received/taken the appropriate medication, or when the medication was not taken/given as prescribed.
"Medication Management by an Adult Family Member/Support Person" - Any help with prescription or non-prescription medication provided by an adult family member/support person, as identified in the resident's contract and service agreement.
"Personal Care Supplies" - Those supplies, often disposable, used by a resident, such as incontinence products and hygiene supplies.
"Reportable Incident" - An occurrence or event which must be reported immediately to the Division and for which there is reasonable cause to believe that a resident has been abused, neglected, mistreated or subjected to financial exploitation as those terms are defined in 16 Del.C. § 1131. Reportable incident also includes an occurrence or event listed in Sections 19.6 and 19.7 of these regulations. (Also see Incident, 19.5.)
"Representative" - A person acting on behalf of the resident pursuant to Delaware law.
"Resident" - An individual 18 years old or older who lives in an assisted living facility. Where appropriate in the context of these regulations, "resident" as used herein includes an authorized representative as defined in 3.0.
"Resident Assessment" - Evaluation of a resident's physical, medical, and psychosocial status as documented in a Uniform Assessment Instrument (UAI), by a registered nurse.
"Resident Assistant" - Any unlicensed direct caregiver who, under the supervision of the assisted living director or director of health services, assists the resident with personal needs and monitors the activities of the resident while on the premises to ensure his/her health, safety, and well-being.
"Secretary" - Secretary of the Department of Health and Social Services.
"Service Agreement" - A written document developed with each resident which describes what services will be provided, who will provide the services, when the services will be provided, how the services will be provided, and, if applicable, the expected outcome.
"Shared Responsibility" - The concept that residents and assisted living facilities share responsibility for planning and decision-making affecting the resident.
"Significant Change" - A major deterioration or improvement in a resident's health status or ability to perform ADLs; a major alteration in behavior or mood resulting in ongoing problematic behavior or the elimination of that behavior on a sustained basis. Significant change does not include ordinary, day-to-day fluctuations in health status, functioning, and behavior, or a short-term illness such as a cold, unless these fluctuations continue to recur, nor does it include deterioration that will normally resolve without further intervention.
"Significant Medication Error" - means one which causes the resident discomfort or jeopardizes his or her health or safety.
"Social Services" - Services provided to assist residents in maintaining or improving their ability to manage their everyday physical, mental and psychosocial needs.
"Third-Party Provider" - Any party, including a family member, other than the assisted living facility which furnishes services/supplies to a resident.
"Uniform Assessment Instrument" ("UAI") - A document setting forth standardized criteria developed by the Division to assess each resident's functional, cognitive, physical, medical, and psychosocial needs and status. The assisted living facility shall be required to use the UAI to evaluate each resident on both an initial and ongoing basis in accordance with these regulations.
"Vendor" - Any individual who is not employed by the facility but provides direct services to one or more facility residents.
16 Del. Admin. Code § 3225-3.0
15 DE Reg. 81 (07/01/11)
15 DE Reg. 1156 (02/01/12)
24 DE Reg. 579(12/1/2020)
25 DE Reg. 761( 2/1/2022) (Final)