Rule 15-16-1-4.11.1 - Admission Criteria1. The facility shall have a clear and specific written description of admission policies and procedures. This should include, but is not limited to, a) the application process and the criteria for the rejection of an application;b) types of clients suitable to the facility;c) services offered and allowed in the facility.2. The following criteria must be applied and maintained for client placement in a licensed facility: a. Only clients whose needs can be met by the licensed facility shall be admitted.b. Clients are brain injury patients who require education and training for independent living with a focus on increasing independence; such care prepares clients for maximum independence, teaches necessary skills for community interaction, works with clients pre-vocational and vocational training and stresses cognitive, speech and behavioral therapies structured to the individual needs of patients who cannot live at home and who require on-going support and rehabilitation.c. A person shall not be admitted or continue to reside in an licensed facility if the person: i. Requires physical restraints;ii. Poses a serious threat to himself or herself or others;iii. Requires nasopharyngeal and/or tracheotomy suctioning;iv. Requires intravenous fluids, medications, or feedings; ord. Licensed facilities which are not accessible to individuals with disabilities through the A.N.S.I. Standards as they relate to facility accessibility may not accept wheelchair bound clients. Only those persons who, in an emergency, would be physically and mentally capable of traveling to safety may be accepted. For multilevel facilities, no clients that are unable to descend the stairs unassisted may be placed above the ground floor level.e. The licensed facility must be able to identify at the time of admission and during continued stay those clients whose needs for services are consistent with these rules and regulations, and those clients who should be transferred to an appropriate level of care.f. Notwithstanding any determination by the licensing agency that the client no longer meets admission criteria, that client, the client's guardian, or the legally recognized responsible party for the client may consent in writing for the client to continue reside in the RBIR, if approved in writing by a licensed physician. Provided , however, that no RBIR shall allow more than two (2) clients, or ten percent (10%) of the number of clients in the facility, whichever is greater, to remain in the RBIR under the provisions herein. This consent shall be deemed to be appropriately informed consent as described by these regulations. After that written consent has been obtained, the client shall have the right to continue to reside in the RBIR for as long as the client meets the other conditions for residing in the RBIR. A copy of the written consent and the physician's approval shall be forwarded by the RBIR to the licensing agency within thirty (30) days of the issuance of the latter of the two (2) documents.g. No licensee, owner, or administrator of a RBIR; a member of their family; an employee of the RBIR; or a person who has financial interest in the home shall act as the legal guardian for a client of the RBIR. This requirement shall not apply if the client is related within the third degree as computed by civil law.15 Miss. Code. R. § 16-1-4.11.1
Miss. Code Ann. § 41-75-13