| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 5169 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000586 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING |
|---|
| 16 | 16 | | ACT |
|---|
| 17 | 17 | | Introduced By: Representatives Donovan, McNamara, Carson, Speakman, Boylan, |
|---|
| 18 | 18 | | Fogarty, Potter, Giraldo, Morales, and Cruz |
|---|
| 19 | 19 | | Date Introduced: January 24, 2025 |
|---|
| 20 | 20 | | Referred To: House Health & Human Services |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | It is enacted by the General Assembly as follows: |
|---|
| 24 | 24 | | SECTION 1. Sections 23-17.4-2 and 23-17.4-16.3 of the General Laws in Chapter 23-17.4 1 |
|---|
| 25 | 25 | | entitled "Assisted Living Residence Licensing Act" are hereby amended to read as follows: 2 |
|---|
| 26 | 26 | | 23-17.4-2. Definitions. 3 |
|---|
| 27 | 27 | | As used in this chapter: 4 |
|---|
| 28 | 28 | | (1) “Activities of daily living (ADLs)” means bathing, dressing, eating, toileting, mobility 5 |
|---|
| 29 | 29 | | and transfer. 6 |
|---|
| 30 | 30 | | (2) “Administrator” means any person who has responsibility for day to day administration 7 |
|---|
| 31 | 31 | | or operation of an assisted living residence. 8 |
|---|
| 32 | 32 | | (3) “Alzheimer’s dementia special care unit or program” means a distinct living 9 |
|---|
| 33 | 33 | | environment within an assisted living residence that has been physically adapted to accommodate 10 |
|---|
| 34 | 34 | | the particular needs and behaviors of those with dementia. The unit provides increased staffing, 11 |
|---|
| 35 | 35 | | therapeutic activities designed specifically for those with dementia and trains its staff on an ongoing 12 |
|---|
| 36 | 36 | | basis on the effective management of the physical and behavioral problems of those with dementia. 13 |
|---|
| 37 | 37 | | The residents of the unit or program have had a standard medical diagnostic evaluation and have 14 |
|---|
| 38 | 38 | | been determined to have a diagnosis of Alzheimer’s dementia or another dementia. 15 |
|---|
| 39 | 39 | | (4) “Assisted living residence” means a publicly or privately operated residence that 16 |
|---|
| 40 | 40 | | provides directly or indirectly by means of contracts or arrangements personal assistance and may 17 |
|---|
| 41 | 41 | | include the delivery of limited health services, as defined under subsection (12), to meet the 18 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000586 - Page 2 of 9 |
|---|
| 45 | 45 | | resident’s changing needs and preferences, lodging, and meals to six (6) or more adults who are 1 |
|---|
| 46 | 46 | | unrelated to the licensee or administrator, excluding however, any privately operated establishment 2 |
|---|
| 47 | 47 | | or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the 3 |
|---|
| 48 | 48 | | jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, 4 |
|---|
| 49 | 49 | | the department of children, youth and families, or any other state agency. The department shall 5 |
|---|
| 50 | 50 | | develop levels of licensure for assisted living residences within this definition as provided in § 23-6 |
|---|
| 51 | 51 | | 17.4-6. Assisted living residences include sheltered care homes, and board and care residences or 7 |
|---|
| 52 | 52 | | any other entity by any other name providing the services listed in this subdivision which meet the 8 |
|---|
| 53 | 53 | | definition of assisted living residences. 9 |
|---|
| 54 | 54 | | (5) “Capable of self-preservation” means the physical mobility and judgmental ability of 10 |
|---|
| 55 | 55 | | the individual to take appropriate action in emergency situations. Residents not capable of self-11 |
|---|
| 56 | 56 | | preservation are limited to facilities that meet more stringent life safety code requirements as 12 |
|---|
| 57 | 57 | | provided under § 23-17.4-6(b)(3). 13 |
|---|
| 58 | 58 | | (6) “Director” means the director of the Rhode Island department of health. 14 |
|---|
| 59 | 59 | | (7) “Family council” means an independent, self-determining group of family members 15 |
|---|
| 60 | 60 | | and friends established pursuant to § 23-17.4-15.12 that: 16 |
|---|
| 61 | 61 | | (i) Advocates for the needs and interests of the residents of a managed residential 17 |
|---|
| 62 | 62 | | community that offers assisted living services; and 18 |
|---|
| 63 | 63 | | (ii) Facilitates open communication between the managed residential community 19 |
|---|
| 64 | 64 | | administration, the residents and family and friends of the residents. 20 |
|---|
| 65 | 65 | | (8) “Licensing agency” means the Rhode Island department of health. 21 |
|---|
| 66 | 66 | | (8)(9) “Qualified licensed assisted living staff members” means a certified nursing assistant 22 |
|---|
| 67 | 67 | | as provided under § 23-17.9-2(a)(3), a licensed practical nurse as provided under § 5-34-3(13) 23 |
|---|
| 68 | 68 | | and/or a registered nurse as provided under § 5-34-3(14). 24 |
|---|
| 69 | 69 | | (9)(10) “Personal assistance” means the provision of one or more of the following services, 25 |
|---|
| 70 | 70 | | as required by the resident or as reasonably requested by the resident, on a scheduled or 26 |
|---|
| 71 | 71 | | unscheduled basis, including: 27 |
|---|
| 72 | 72 | | (i) Assisting the resident with personal needs including activities of daily living; 28 |
|---|
| 73 | 73 | | (ii) Assisting the resident with self-administration of medication or administration of 29 |
|---|
| 74 | 74 | | medications by appropriately licensed staff; 30 |
|---|
| 75 | 75 | | (iii) Providing or assisting the resident in arranging for health and supportive services as 31 |
|---|
| 76 | 76 | | may be reasonably required; 32 |
|---|
| 77 | 77 | | (iv) Monitoring the activities of the resident while on the premises of the residence to 33 |
|---|
| 78 | 78 | | ensure his or her health, safety, and well-being; and 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000586 - Page 3 of 9 |
|---|
| 82 | 82 | | (v) Reasonable recreational, social and personal services. 1 |
|---|
| 83 | 83 | | (10)(11) “Resident” means an individual not requiring medical or nursing care as provided 2 |
|---|
| 84 | 84 | | in a healthcare facility but who as a result of choice and/or physical or mental limitation requires 3 |
|---|
| 85 | 85 | | personal assistance, lodging and meals and may require the administration of medication and/or 4 |
|---|
| 86 | 86 | | limited health services. A resident must be capable of self-preservation in emergency situations, 5 |
|---|
| 87 | 87 | | unless the facility meets a more stringent life safety code as required under § 23-17.4-6(b)(3). 6 |
|---|
| 88 | 88 | | Persons needing medical or skilled nursing care, including daily professional observation and 7 |
|---|
| 89 | 89 | | evaluation, as provided in a healthcare facility, and/or persons who are bedbound or in need of the 8 |
|---|
| 90 | 90 | | assistance of more than one person for ambulation, are not appropriate to reside in assisted living 9 |
|---|
| 91 | 91 | | residences. However, an established resident may receive daily skilled nursing care or therapy from 10 |
|---|
| 92 | 92 | | a licensed healthcare provider for a condition that results from a temporary illness or injury for up 11 |
|---|
| 93 | 93 | | to forty-five (45) days subject to an extension of additional days as approved by the department, or 12 |
|---|
| 94 | 94 | | if the resident is under the care of a Rhode Island licensed hospice agency provided the assisted 13 |
|---|
| 95 | 95 | | living residence assumes responsibility for ensuring that the required care is received. Furthermore, 14 |
|---|
| 96 | 96 | | a new resident may receive daily therapy services and/or limited skilled nursing care services, as 15 |
|---|
| 97 | 97 | | defined through rules and regulations promulgated by the department of health, from a licensed 16 |
|---|
| 98 | 98 | | healthcare provider for a condition that results from a temporary illness or injury for up to forty-17 |
|---|
| 99 | 99 | | five (45) days subject to an extension of additional days as approved by the department, or if the 18 |
|---|
| 100 | 100 | | resident is under the care of a licensed hospice agency provided that assisted living residence 19 |
|---|
| 101 | 101 | | assumes responsibility for ensuring that the care is received. For the purposes of this chapter, 20 |
|---|
| 102 | 102 | | “resident” shall also mean the resident’s agent as designated in writing or legal guardian. 21 |
|---|
| 103 | 103 | | Notwithstanding the aforementioned, residents who are bed bound or in need of assistance of more 22 |
|---|
| 104 | 104 | | than one staff person for ambulation may reside in a residence if they are receiving hospice care in 23 |
|---|
| 105 | 105 | | accordance with the rules and regulations promulgated by the department of health. For the 24 |
|---|
| 106 | 106 | | purposes of this chapter, “resident” shall also mean the resident’s agent as designated in writing or 25 |
|---|
| 107 | 107 | | legal guardian. 26 |
|---|
| 108 | 108 | | (11)(12) “Resident council” means an independent, self-determining group of facility 27 |
|---|
| 109 | 109 | | residents established pursuant to § 23-17.4-15.11 that: 28 |
|---|
| 110 | 110 | | (i) Advocates for the needs and interests of the residents of a managed residential 29 |
|---|
| 111 | 111 | | community that offers assisted living services; and 30 |
|---|
| 112 | 112 | | (ii) Facilitates open communication between the managed residential community 31 |
|---|
| 113 | 113 | | administration, the residents and family and friends of the residents. 32 |
|---|
| 114 | 114 | | (13) “Supervision” means the supervision requirements of qualified licensed assisted living 33 |
|---|
| 115 | 115 | | staff delivering limited health services in accordance with this chapter, as defined through rules and 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000586 - Page 4 of 9 |
|---|
| 119 | 119 | | regulations promulgated by the department of health. 1 |
|---|
| 120 | 120 | | (12)(14) “Limited health services” means health services, as ordered by the resident’s 2 |
|---|
| 121 | 121 | | physician, provided by qualified licensed assisted living staff members with supervision as required 3 |
|---|
| 122 | 122 | | in rules and regulations promulgated by the department of health. Nothing in this definition shall 4 |
|---|
| 123 | 123 | | be construed to limit the right of assisted living residents to access home nursing care or hospice 5 |
|---|
| 124 | 124 | | provider services. 6 |
|---|
| 125 | 125 | | 23-17.4-16.3. Residency agreement or contract. 7 |
|---|
| 126 | 126 | | (a) Prior to exchange of any funds and prior to admission, except as provided in subsections 8 |
|---|
| 127 | 127 | | (c) and (d) herein, the residence shall execute a residency agreement or contract, signed by both the 9 |
|---|
| 128 | 128 | | residence and the resident, that defines the services the residence will provide and the financial 10 |
|---|
| 129 | 129 | | agreements between the residence and the resident or the residence’s representative. 11 |
|---|
| 130 | 130 | | (b) The department shall establish regulations specifying the minimum provisions of 12 |
|---|
| 131 | 131 | | residency agreements or contracts and a minimum prior notification time for changes in rates, fees, 13 |
|---|
| 132 | 132 | | service charges or any other payments required by the residence. The residency agreement shall be 14 |
|---|
| 133 | 133 | | set forth in plain language, made available in not less than fourteen (14) point type, and shall include 15 |
|---|
| 134 | 134 | | at a minimum: 16 |
|---|
| 135 | 135 | | (1) An itemization of assisted living services, transportation services, recreation services 17 |
|---|
| 136 | 136 | | and any other services and goods, lodging and meals to be provided to the resident by the assisted 18 |
|---|
| 137 | 137 | | living residence; 19 |
|---|
| 138 | 138 | | (2) A full and fair disclosure of all charges, fees, expenses and costs to be borne by the 20 |
|---|
| 139 | 139 | | resident including nonrefundable charges, fees, expenses and costs; 21 |
|---|
| 140 | 140 | | (3) A schedule of payments and disclosure of all late fees or potential penalties; 22 |
|---|
| 141 | 141 | | (4) For written residency agreements entered into on and after November 1, 2025, the 23 |
|---|
| 142 | 142 | | manner in which the managed residential community may adjust monthly fees or other recurring 24 |
|---|
| 143 | 143 | | fees, including, but not limited to: 25 |
|---|
| 144 | 144 | | (i) How often fee increases may occur; 26 |
|---|
| 145 | 145 | | (ii) The schedule or specific dates of such increases; and 27 |
|---|
| 146 | 146 | | (iii) The history of rate and fee increases over the past three (3) calendar years; 28 |
|---|
| 147 | 147 | | (5) The facility shall share a current copy of the residency agreement including all 29 |
|---|
| 148 | 148 | | disclosures with the long-term care ombudsman program. 30 |
|---|
| 149 | 149 | | (c) Any advanced deposit, application fee, or other pre-admission payment shall be subject 31 |
|---|
| 150 | 150 | | to a signed document explaining fully the terms of the payment and the residence’s refund policy. 32 |
|---|
| 151 | 151 | | (d) Any increase to monthly or recurring fees after November 1, 2025, shall be disclosed 33 |
|---|
| 152 | 152 | | to residents or residents’ representatives in writing with a minimum advance notice of one hundred 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000586 - Page 5 of 9 |
|---|
| 156 | 156 | | twenty (120) days. 1 |
|---|
| 157 | 157 | | (e) In cases of emergency placement, the residency agreement or contract shall be executed 2 |
|---|
| 158 | 158 | | within five (5) working days of admissions. 3 |
|---|
| 159 | 159 | | SECTION 2. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence 4 |
|---|
| 160 | 160 | | Licensing Act" is hereby amended by adding thereto the following sections: 5 |
|---|
| 161 | 161 | | 23-17.4-15.10. Establishment of resident and family councils. 6 |
|---|
| 162 | 162 | | On or before November 1, 2025, all assisted living facilities shall authorize and assist in 7 |
|---|
| 163 | 163 | | the establishment of resident and family councils pursuant to the provisions of §§ 23-17.4-15.11 8 |
|---|
| 164 | 164 | | and 23-17.4-15.12. 9 |
|---|
| 165 | 165 | | 23-17.4-15.11. Resident councils. 10 |
|---|
| 166 | 166 | | (a) For the purposes of this chapter, “resident council” shall having the meaning set forth 11 |
|---|
| 167 | 167 | | in § 23-17.4-2. 12 |
|---|
| 168 | 168 | | (b) The role of the resident council shall be to address issues affecting residents generally 13 |
|---|
| 169 | 169 | | at the facility, not to pursue individual grievances. The resident council shall not be entitled to 14 |
|---|
| 170 | 170 | | obtain information about individual residents or staff members, or any other information deemed 15 |
|---|
| 171 | 171 | | confidential under state or federal law, 16 |
|---|
| 172 | 172 | | (c) The facility shall not willfully interfere with the formation, maintenance, or promotion 17 |
|---|
| 173 | 173 | | of a resident council, or with a resident council’s participation in governmental surveys or 18 |
|---|
| 174 | 174 | | inspection activities performed by any applicable departments or other governmental entities. 19 |
|---|
| 175 | 175 | | When requested by one or more facility residents, a resident council shall be allowed to meet in a 20 |
|---|
| 176 | 176 | | common meeting room of the assisted living facility at least once a month during mutually agreed 21 |
|---|
| 177 | 177 | | upon hours. For purposes of this section, "willful interference" shall include, but shall not be limited 22 |
|---|
| 178 | 178 | | to, discrimination or retaliation in any way against an individual as a result of their participation in 23 |
|---|
| 179 | 179 | | a resident council, refusal to publicize resident council meetings or provide appropriate space for 24 |
|---|
| 180 | 180 | | meetings or postings as required under this section, and failure to respond to written requests, 25 |
|---|
| 181 | 181 | | concerns, or recommendations by a resident council as required under this section. 26 |
|---|
| 182 | 182 | | (d) Upon the admission of a resident, the assisted living facility shall inform the resident, 27 |
|---|
| 183 | 183 | | in writing, of their right to form a family council, or if a family council already exists, of the date, 28 |
|---|
| 184 | 184 | | time and location of scheduled meetings. 29 |
|---|
| 185 | 185 | | (e) The assisted living facility administration shall notify the state long-term care 30 |
|---|
| 186 | 186 | | ombudsman of the existence or planned formation of an independent resident council at that 31 |
|---|
| 187 | 187 | | facility. With the consent of the resident council designated representative(s), the facility shall share 32 |
|---|
| 188 | 188 | | the name and contact information of the designated representative(s) of the resident council with 33 |
|---|
| 189 | 189 | | the long-term care ombudsman program. 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000586 - Page 6 of 9 |
|---|
| 193 | 193 | | (f) The resident council may exclude residents from meetings only for good cause, subject 1 |
|---|
| 194 | 194 | | to appeal by the excluded party to the state long-term care ombudsman. No member shall be 2 |
|---|
| 195 | 195 | | excluded on the basis of race or color, religion, gender, sexual orientation, disability, age or country 3 |
|---|
| 196 | 196 | | of ancestral origin. 4 |
|---|
| 197 | 197 | | (g) A facility shall provide its resident council with adequate space in a prominent posting 5 |
|---|
| 198 | 198 | | area for the display of information pertaining to the resident council. 6 |
|---|
| 199 | 199 | | (h) Staff or visitors may attend resident council meetings only at the council’s invitation. 7 |
|---|
| 200 | 200 | | (i) The assisted living facility shall provide a designated staff person who, at the request of 8 |
|---|
| 201 | 201 | | the council, shall be responsible for providing assistance to the resident council and for responding 9 |
|---|
| 202 | 202 | | to recommendations and requests made by the resident council. 10 |
|---|
| 203 | 203 | | (j) If a resident council submits written requests, concerns, or recommendations, the facility 11 |
|---|
| 204 | 204 | | shall consider those requests, concerns, or recommendations, and respond in writing regarding any 12 |
|---|
| 205 | 205 | | action or inaction taken in response within five (5) business days and shall detail its rationale for 13 |
|---|
| 206 | 206 | | that response. 14 |
|---|
| 207 | 207 | | (k) A violation of the provisions of this section shall constitute a violation of the rights of 15 |
|---|
| 208 | 208 | | assisted living residents. 16 |
|---|
| 209 | 209 | | 23-17.4-15.12. Family councils. 17 |
|---|
| 210 | 210 | | (a) For the purposes of this chapter, “family council” shall have the meaning set forth in § 18 |
|---|
| 211 | 211 | | 23-17.4-2 19 |
|---|
| 212 | 212 | | (b) The role of the family council shall be to address issues affecting residents generally at 20 |
|---|
| 213 | 213 | | the facility, not to pursue individual grievances. The family council shall not be entitled to obtain 21 |
|---|
| 214 | 214 | | information about individual residents or staff members, or any other information deemed 22 |
|---|
| 215 | 215 | | confidential under state or federal law; provided however: 23 |
|---|
| 216 | 216 | | (1) A facility shall provide the family council with the names, email addresses, and other 24 |
|---|
| 217 | 217 | | contact information for each resident’s representatives, family members, or other individuals 25 |
|---|
| 218 | 218 | | designated by the resident if the person has not opted out of consent that their contact information 26 |
|---|
| 219 | 219 | | may be shared with the family council. 27 |
|---|
| 220 | 220 | | (2) The facility shall inform the identified family members, friends, and representatives of 28 |
|---|
| 221 | 221 | | their right to have their contact information shared with the family council and their right to consent 29 |
|---|
| 222 | 222 | | or withhold consent to have their contact information shared with the family council pursuant to 30 |
|---|
| 223 | 223 | | subsection (b)(1) of this section. 31 |
|---|
| 224 | 224 | | (c) The facility shall not willfully interfere with the formation, maintenance, or promotion 32 |
|---|
| 225 | 225 | | of a family council, or with a family council’s participation in governmental surveys or inspection 33 |
|---|
| 226 | 226 | | activities performed by any applicable departments or other governmental entities. When requested 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC000586 - Page 7 of 9 |
|---|
| 230 | 230 | | by a member of a resident’s family or a resident’s representative, a family council shall be allowed 1 |
|---|
| 231 | 231 | | to meet in a common meeting room of the assisted living facility at least once a month during 2 |
|---|
| 232 | 232 | | mutually agreed upon hours. For purposes of this section, "willful interference" shall include, but 3 |
|---|
| 233 | 233 | | shall not be limited to, discrimination or retaliation in any way against an individual as a result of 4 |
|---|
| 234 | 234 | | their participation in a family council, refusal to publicize family council meetings or provide 5 |
|---|
| 235 | 235 | | appropriate space for meetings or postings as required under this section, and failure to respond to 6 |
|---|
| 236 | 236 | | written requests, concerns, or recommendations by a family council as required under this section. 7 |
|---|
| 237 | 237 | | (d)(1) If a facility has a family council, the facility shall inform the resident and the 8 |
|---|
| 238 | 238 | | resident’s representatives, family members, or other individuals designated by the resident or 9 |
|---|
| 239 | 239 | | identified during the admission process of the existence of the family council. The facility shall 10 |
|---|
| 240 | 240 | | provide the resident and those family members, friends, and resident representatives with the name 11 |
|---|
| 241 | 241 | | and contact information of the family council representative, as designated by the family council, 12 |
|---|
| 242 | 242 | | in writing, prior to or within five (5) business days after the resident’s admission or the resident’s 13 |
|---|
| 243 | 243 | | representative, family member, or other individual is designated or identified. When family council 14 |
|---|
| 244 | 244 | | meeting information is provided by the family council, the facility shall include notice of family 15 |
|---|
| 245 | 245 | | council meetings in routine communications to those family members, friends, and resident 16 |
|---|
| 246 | 246 | | representatives. The notice shall include the time, place, and date of meetings, and the name and 17 |
|---|
| 247 | 247 | | contact information of the family council representative, as designated by the family council. 18 |
|---|
| 248 | 248 | | (2) If a facility does not have a family council, the facility shall provide, upon admission 19 |
|---|
| 249 | 249 | | of a new resident, written information to the resident’s family members, friends, or resident 20 |
|---|
| 250 | 250 | | representatives identified during the admission process of their right to form a family council. 21 |
|---|
| 251 | 251 | | (3) The family council shall not allow a family member or friend of a resident to participate 22 |
|---|
| 252 | 252 | | in the family council over the objection of the resident. 23 |
|---|
| 253 | 253 | | (e) The assisted living facility administration shall notify the state long-term care 24 |
|---|
| 254 | 254 | | ombudsman of the existence or planned formation of a family council at that facility. With the 25 |
|---|
| 255 | 255 | | consent of the designated representative(s) of the family council, the facility shall share the name 26 |
|---|
| 256 | 256 | | and contact information of the designated representative(s) of the family council with the long-term 27 |
|---|
| 257 | 257 | | care ombudsman program. 28 |
|---|
| 258 | 258 | | (f) The family council may exclude members only for good cause, subject to appeal by the 29 |
|---|
| 259 | 259 | | excluded party to the state long-term care ombudsman. No member shall be excluded on the basis 30 |
|---|
| 260 | 260 | | of race or color, religion, gender, sexual orientation, disability, age or country of ancestral origin. 31 |
|---|
| 261 | 261 | | (g) A facility shall provide its family council with adequate space in a prominent posting 32 |
|---|
| 262 | 262 | | area for the display of information pertaining to the family council. 33 |
|---|
| 263 | 263 | | (h) Staff or visitors may attend family council meetings only at the council’s invitation. 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC000586 - Page 8 of 9 |
|---|
| 267 | 267 | | (i) The assisted living facility shall provide a designated staff person who, at the request of 1 |
|---|
| 268 | 268 | | the council, shall be responsible for providing assistance to the family council and for responding 2 |
|---|
| 269 | 269 | | to recommendations and requests made by the family council. 3 |
|---|
| 270 | 270 | | (f) If a family council submits written requests, concerns, or recommendations, the facility 4 |
|---|
| 271 | 271 | | shall consider those requests, concerns, or recommendations, and respond in writing regarding any 5 |
|---|
| 272 | 272 | | action or inaction taken in response within five (5) business days and shall detail its rationale for 6 |
|---|
| 273 | 273 | | that response. 7 |
|---|
| 274 | 274 | | (k) A violation of the provisions of this section shall constitute a violation of the rights of 8 |
|---|
| 275 | 275 | | assisted living residents. 9 |
|---|
| 276 | 276 | | SECTION 3. This act shall take effect upon passage. 10 |
|---|
| 277 | 277 | | ======== |
|---|
| 278 | 278 | | LC000586 |
|---|
| 279 | 279 | | ======== |
|---|
| 280 | 280 | | |
|---|
| 281 | 281 | | |
|---|
| 282 | 282 | | LC000586 - Page 9 of 9 |
|---|
| 283 | 283 | | EXPLANATION |
|---|
| 284 | 284 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 285 | 285 | | OF |
|---|
| 286 | 286 | | A N A C T |
|---|
| 287 | 287 | | RELATING TO HEALTH AND SAFETY -- ASSISTED LIVING RESIDENCE LICENSING |
|---|
| 288 | 288 | | ACT |
|---|
| 289 | 289 | | *** |
|---|
| 290 | 290 | | This act would establish, encourage and support the establishment of family councils and 1 |
|---|
| 291 | 291 | | resident councils in managed residential communities providing assisted living services. This act 2 |
|---|
| 292 | 292 | | would further support the transparency of rates and fees to residents in managed residential 3 |
|---|
| 293 | 293 | | communities providing assisted living services and set a minimum notice period for rate increases 4 |
|---|
| 294 | 294 | | of one hundred twenty (120) days. 5 |
|---|
| 295 | 295 | | This act would take effect upon passage. 6 |
|---|
| 296 | 296 | | ======== |
|---|
| 297 | 297 | | LC000586 |
|---|
| 298 | 298 | | ======== |
|---|