Idaho Admin. Code r. 16.03.22.216

Current through September 2, 2024
Section 16.03.22.216 - REQUIREMENTS FOR ADMISSION AGREEMENTS
01.Initial Resident Assessment and Care Plan. Prior to admission, each resident must be assessed by the facility to ensure the resident is appropriate for placement in their residential assisted living facility. The facility must develop an interim care plan to guide services until the facility can complete the resident assessment process. The result of the assessment will determine the need for specific services and supports.
02.Written Agreement. Prior to, or on the day of admission, the facility and each resident or the resident's legal guardian or conservator must enter into a written admission agreement that is transparent, understandable, and is translated into a language the resident or their representative understands. The admission agreement will provide a complete reflection of the facility's charges, commitments agreed to by each party, and the actual practices that will occur in the facility. The agreement must be signed by all involved parties, and a complete copy provided to the resident and the resident's legal guardian or conservator prior to, or on the day of admission. The admission agreement may be integrated within the Negotiated Service Agreement (NSA), provided that all requirements for the NSA in Section 320 of these rules and the admission agreement are met. Admission agreements must include all items described under this rule.
03.Services, Supports, and Rates. The facility must identify the following services, supports, and applicable rates:
a. Unless otherwise negotiated with the resident or the resident's legal guardian or conservator, basic services must include the items specified in Section 430 of these rules.
b. The resident's monthly charges, including a specific description of the services that are included in the basic services rate and the charged rate.
c. All prices, formulas, and calculations used to determine the resident's basic services rate including:
i. Service packages;
ii. Fee-for-service rates;
iii. Assessment forms;
iv. Price per assessment point;
v. Charges for levels of care determined with an assessment; and
vi. Move-in fees or other similar charges.
d. The services and rates charged for additional or optional services, supplies, or amenities that are available through the facility or arranged for by the facility for which the resident will be charged additional fees.
e. Services or rates that are impacted by an updated assessment of the resident, the assessment tool, the assessor, and the frequency of the assessment, when the facility uses this assessment to determine rate changes.
f. The facility may charge residents for the use of personal furnishings, equipment, and supplies provided by the facility unless paid for by a publicly funded program. The facility must provide a detailed itemization of furnishings, equipment, supplies, and the rate for those items the resident will be charged.
04.Staffing. The agreement must identify staffing patterns and qualifications of staff on duty during a normal day.
05.Notification of Liability Insurance Coverage. The administrator of a residential assisted living facility must disclose in writing at the time of admission or before a resident's admission if the facility does not carry professional liability insurance. If the facility cancels the professional liability insurance all residents must be notified of the change in writing.
06.Medication Responsibilities. The agreement must identify the facility's and resident's roles and responsibilities relating to assistance with medications including the reporting of missed medications or those taken on a PRN basis.
07.Resident Personal Fund Responsibilities. The agreement must identify who is responsible for the resident's personal funds.
08.Resident Belongings Responsibility. The agreement must identify responsibility for protection and disposition of all valuables belonging to the resident and provision for the return of the resident's valuables if the resident leaves the facility.
09.Emergency Transfers. The agreement must identify conditions under which emergency transfers will be made as provided in Section 152 of these rules.
10.Billing Practices, Notices, and Procedures for Payments and Refunds. The facility must provide a description of the facility's billing practices, notices, and procedures for payments and refunds. The following procedures must be included:
a. Arrangement for payments;
b. Under what circumstances and time frame a partial month's resident fees are to be refunded when a resident no longer resides in the facility; and
c. Written notice to vacate the facility must be given thirty (30) calendar days prior to transfer or discharge on the part of either party, except in the case of the resident's emergency discharge or death. The facility may charge up to fifteen (15) days prorated rent from the date of the resident's emergency discharge or death. The agreement must disclose any charges that will result when a resident fails to provide a thirty (30) day written notice.
11.Resident Permission to Transfer Information. The agreement must specify permission for the facility to transfer information from the resident's records to any facility to which the resident transfers.
12.Resident Responsibilities. The agreement must specify resident responsibilities.
13.Restrictions on Choice of Care or Service Providers. The agreement must specify any restriction on choice of care or service providers, such as home health agency, hospice agency, or personal care services.
14.Advance Directive. The agreement must identify written documentation of the resident's preference regarding the formulation of an advance directive in accordance with Idaho state law. When a resident has an advance directive, a copy must be immediately available for staff and emergency personnel.
15.Notification of Payee Requirements. The agreement must identify if the facility requires as a condition of admission that the facility be named as payee.
16.Contested Charges. The facility must provide the methods by which a resident may contest charges or rate increases including contacting the ombudsman for the elderly.
17.Transition to Publicly Funded Program. The facility must disclose the conditions under which the resident can remain in the facility if payment for the resident shifts to a publicly funded program.
18.Smoking Policy. The admission agreement must include a copy of the facility's smoking policy.

Idaho Admin. Code r. 16.03.22.216

Effective March 15, 2022