Ariz. Admin. Code § R9-10-807 - Residency and Residency Agreements
A. Except as provided in
R9-10-808(B)(2), a
manager shall ensure that a resident provides evidence of freedom from
infectious tuberculosis:
1. Before or within
seven calendar days after the resident's date of occupancy, and
2. As specified in
R9-10-113.
B. A manager shall ensure that before or at
the time of acceptance of an individual, the individual submits documentation
that is dated within 90 calendar days before the individual is accepted by an
assisted living facility and:
1. If an
individual is requesting or is expected to receive supervisory care services,
personal care services, or directed care services:
a. Includes whether the individual requires:
i. Continuous medical services,
ii. Continuous or intermittent nursing
services, or
iii. Restraints;
and
b. Is dated and
signed by a:
i. Physician,
ii. Registered nurse practitioner,
iii. Registered nurse, or
iv. Physician assistant; and
2. If an individual is
requesting or is expected to receive behavioral health services, other than
behavioral care, in addition to supervisory care services, personal care
services, or directed care services from an assisted living facility:
a. Includes whether the individual requires
continuous behavioral health services, and
b. Is signed and dated by a behavioral health
professional.
C. A manager shall not accept or retain an
individual if:2.
3. The services needed
by the individual are not within the assisted living facility's scope of
services and a home health agency or hospice service agency is not involved in
the care of the individual;
3.
4. The assisted living
facility does not have the ability to provide the assisted living services
needed by the individual; or
4.
5. The individual
requires restraints, including the use of bedrails.
1. The individual requires
continuous:
a. Medical services;
b. Nursing services, unless the assisted
living facility complies with A.R.S. §
36-401(C);
or
c. Behavioral health
services;
2. The primary
condition for which the individual needs assisted living services is a
behavioral health issue;
D. Before or at the time of an individual's
acceptance by an assisted living facility, a manager shall ensure that there is
a documented residency agreement with the assisted living facility that
includes:
1. The individual's name;
2. Terms of occupancy, including:
a. Date of occupancy or expected date of
occupancy,
b. Resident
responsibilities, and
c.
Responsibilities of the assisted living facility;
3. A list of the services to be provided by
the assisted living facility to the resident;
4. A list of the services available from the
assisted living facility at an additional fee or charge;
5. For an assisted living home, whether the
manager or a caregiver is awake during nighttime hours;
6. The policy for refunding fees, charges, or
deposits;
7. The policy and
procedure for a resident to terminate residency, including terminating
residency because services were not provided to the resident according to the
resident's service plan;
8. The
policy and procedure for an assisted living facility to terminate
residency;
9. The complaint
process; and
10. The manager's
signature and date signed.
E. Before or within five working days after a
resident's acceptance by an assisted living facility, a manager shall obtain on
the documented agreement, required in subsection (D), the signature of one of
the following individuals:
1. The
resident,
2. The resident's
representative,
3. The resident's
legal guardian, or
4. Another
individual who has been designated by the individual under A.R.S. §
36-3221 to make health care
decisions on the individual's behalf.
F. A manager shall:
1. Before or at the time of an individual's
acceptance by an assisted living facility, provide to the resident or
resident's representative a copy of:
a. The
residency agreement in subsection (D),
b. Resident's rights, and
c. The policy and procedure on health care
directives; and
2.
Maintain the original of the residency agreement in subsection (D) in the
resident's medical record.
G. A manager may terminate residency of a
resident as follows:
1. Without notice, if the
resident exhibits behavior that is an immediate threat to the health and safety
of the resident or other individuals in an assisted living facility;
2. With a 14-calendar-day written notice of
termination of residency:
a. For nonpayment of
fees, charges, or deposit; or
b.
Under any of the conditions in subsection (C); or
3. With a 30-calendar-day written notice of
termination of residency, for any other reason.
H. A manager shall ensure that the written
notice of termination of residency in subsection (G) includes:
1. The date of notice;
2. The reason for termination;
3. The policy for refunding fees, charges, or
deposits;
4. The deposition of a
resident's fees, charges, and deposits; and
5. Contact information for the State
Long-Term Care Ombudsman.
I. A manager shall provide the following to a
resident when the manager provides the written notice of termination of
residency in subsection (G):
1. A copy of the
resident's current service plan, and
2. Documentation of the resident's freedom
from infectious tuberculosis.
J. If an assisted living facility issues a
written notice of termination of residency as provided in subsection (G) to a
resident or the resident's representative because the resident needs services
the assisted living facility is either not licensed to provide or is licensed
to provide but not able to provide, a manager shall ensure that the written
notice of termination of residency includes a description of the specific
services that the resident needs that the assisted living facility is either
not licensed to provide or is licensed to provide but not able to
provide.
Notes
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