Section 39-3356 – COMPLAINTS.
39-3356. COMPLAINTS. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency. (2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules, regulations and standards. If the licensing agency reasonably believes […]
Section 39-3357 – ENFORCEMENT PROCESS.
39-3357. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility’s deficiencies: (a) Immediately jeopardize the health or safety of its residents, the department […]
Section 39-3358 – SPECIFIED REMEDIES.
39-3358. SPECIFIED REMEDIES. (1) The department shall establish at least the following remedies: (a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis. (b) A civil money penalty assessed and collected, with interest, for each day the facility is or was out of compliance with […]
Section 39-3306 – STATE LICENSING TO SUPERSEDE LOCAL REGULATION.
39-3306. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. This chapter and the rules promulgated pursuant to this chapter shall supersede any program of any political subdivision of the state which licenses or sets standards for residential care or assisted living facilities. History: [39-3306, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. […]
Section 39-3331 – POWERS AND DUTIES OF THE ADVISORY COUNCIL.
39-3331. POWERS AND DUTIES OF THE ADVISORY COUNCIL. The residential care or assisted living advisory council shall have the following powers and duties: (1) To make policy recommendations regarding the coordination of licensing and enforcement standards in residential care or assisted living facilities and the provision of services to residents of residential care or assisted […]
Section 39-3307 – ADMISSIONS.
39-3307. ADMISSIONS. (1) A residential care or assisted living facility shall not admit or retain any resident requiring a level of services or type of service for which the facility is not licensed or which the facility does not provide or arrange for, or if the facility does not have the staff, appropriate in numbers […]
Section 39-3308 – ASSESSMENT.
39-3308. ASSESSMENT. The department shall employ uniform assessment criteria to assess function and cognitive disability. The conclusions shall be deemed the assessment and shall be used to provide appropriate placement and funding for service needs. The assessment shall also be used to ensure funding is cost-effective and appropriate when compared to other state programs relevant […]
Section 39-3309 – NEGOTIATED SERVICE AGREEMENT.
39-3309. NEGOTIATED SERVICE AGREEMENT. (1) Each resident shall be provided a negotiated service agreement to provide for coordination of services and for guidance of the staff and management of the facility where the person resides. Upon completion, the agreement shall clearly identify the resident and describe the services to be provided to the resident and […]
Section 39-3313 – ADMISSION AGREEMENTS.
39-3313. ADMISSION AGREEMENTS. (1) Upon admission to a residential care or assisted living facility, the facility and the resident shall enter into an admission agreement. The admission agreement shall clearly outline who is financially responsible for resident charges and shall clearly outline the facility’s resident discharge policies. The agreement shall be in writing and shall […]
Section 39-3314 – TERMINATION OF ADMISSION AGREEMENTS.
39-3314. TERMINATION OF ADMISSION AGREEMENTS. Admission agreements may only be terminated pursuant to rules promulgated by the board. History: [39-3314, added 1990, ch. 116, sec. 2, p. 246; am. 2000, ch. 274, sec. 19, p. 815.]