16 Del. Admin. Code § 3225-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3225-6.0 - Resident Waivers

6.1 An assisted living facility may request a resident-specific waiver so that it may serve a current resident who temporarily requires care otherwise excluded in section 5.9. A waiver request shall contain documentation by a physician stating that the resident's condition is expected to improve within 90 days.

6.2 The facility shall provide interim needed services by appropriate health care professionals while any waiver request is pending.

6.3 The assisted living facility shall submit in writing a request for a waiver, which shall include the following information:

6.3.1 An explanation of why the assisted living facility is seeking the waiver, to include physician documentation and a service agreement which details how staff will provide care;

6.3.2 An explanation of why denial of the waiver will impose a substantial hardship for the resident;

6.3.3 An explanation of why the waiver will not adversely affect the resident for whom the waiver is sought or other residents; and

6.3.4 The duration of the waiver, not to exceed 90 days for each incident or condition.

6.4 In evaluating a waiver request submitted under this regulation, the Department shall review the statements in the application and may:

6.4.1 Inspect the assisted living facility;

6.4.2 Confer with the Assisted Living Director or his/her designee;

6.4.3 Discuss the request with the resident to determine whether he/she believes a waiver is in his/her best interest; and/or

6.4.4 Review other waivers currently in place at the assisted living facility.

6.5 The Department shall issue a written decision on a waiver request submitted pursuant to these regulations within 5 business days of receipt of the request. If the Department grants the waiver, the written decision shall include the waiver's duration. If the Department denies the waiver, the written decision shall explain the reason(s) for the denial. The assisted living facility may submit a revised waiver request no later than five days after the receipt of the denial. While the second waiver request is pending, the facility shall provide needed services by health care professionals as outlined in the second waiver request.

6.6 If an assisted living facility violates any condition of a waiver, or if it appears to the Department that the health or safety of the resident will be adversely affected by the continuation of a waiver, the Department may revoke it. The revocation may be appealed; however, transfer or discharge procedures in accordance with 16Del.C.

16 Del. Admin. Code § 3225-6.0

15 DE Reg. 81 (07/01/11)