16 Del. Admin. Code § 3315-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3315-4.0 - General Requirements

4.1 Admission to an FCH shall be limited to residents whose needs can be met with the following services: assistance with activities of daily living where the resident needs moderate, standby or "hands on" assistance; assistance with/and or administration of medications, interventions to manage occasional behaviors and; scheduling of and, if necessary, transportation to scheduled treatments or therapies.

4.2 The holder of the license must be living in the home full-time.

4.3 The FCH must meet and maintain compliance with all applicable federal, state, and local laws and regulations.

4.4 The affiliated social agency/program or a licensed independent practitioner with the placement agency will establish a level of care. The level of care determination shall be made in consultation with the resident's personal primary care licensed independent practitioner if any, and will include an assessment of the physical and mental status of the resident prior to admission to the FCH and annually thereafter.

4.4.1 A copy of the level of care must be maintained by the licensee.

4.5 When a licensed independent practitioner with the placement agency determines that a resident requires additional medical services, it is the responsibility of the family care provider to ensure that those services are received by the resident.

4.6 All required records maintained by the FCH shall be open to inspection by authorized representatives of the Department and an affiliated social agency/program.

4.7 A resident who is not sponsored by an affiliated social agency/program will arrange with a licensed independent practitioner to establish a level of care. The level of care will include an assessment of the physical and mental status of the resident prior to placement in the FCH and annually thereafter.

4.7.1 A copy of the level of care must be maintained by the licensee.

4.8 An FCH licensed under these regulations shall not admit any person under the age of 18 years as a resident.

4.8.1 The FCH may request a waiver of this provision, through the Department for residents with specific medical or social needs.

4.8.2 If a waiver is granted and a juvenile resident is to be housed on the same floor as an adult resident, the juvenile's affiliated social service agency/program must also give written approval to the FCH and provide a copy to the Department. The affiliated social service agency/program shall also ensure the placement is appropriate given the physical, emotional and medical conditions of the other residents.

4.9 A resident must be provided a bedroom separate from the family care provider and her/his family members.

4.10 The holder of the license must notify the Department at least 30 days before any change in the family care provider or a change in the FCH ownership.

4.11 The family care provider may not leave the FCH when residents are present without delegating care duties to a responsible adult unless the resident's Level of Care documentation contains an amount of time that the resident can be left unsupervised. In any case, the maximum amount of time the provider can be away is 12 hours.

4.11.1 The name and contact information for the alternate responsible adult must be on file with the Department.

4.12 The family care provider must notify the Department, in advance when possible, of any absence of 1 week or longer.

4.13 Each FCH shall cooperate fully with the state protection and advocacy agency, as defined in 16 Del.C. § 1102(7), in fulfilling functions authorized by 16 Del.C. Ch. 11.

4.14 A family care provider that provides services to persons diagnosed as having Alzheimer's disease or other forms of dementia shall receive annual dementia specific training that includes: communicating with persons diagnosed as having Alzheimer's disease or other forms of dementia; the psychological, social, and physical needs of those persons; and safety measures which need to be taken with those persons.

4.15 Family pets must have all necessary yearly updated vaccinations from a veterinarian and there will be no vicious or dangerous animals residing in the home that could pose a risk of harm to a resident.

16 Del. Admin. Code § 3315-4.0

18 DE Reg. 569( 1/1/2015) (Final)