Kan. Admin. Regs. § 28-39-244 - Negotiated service agreement
(a) The assisted
living or residential health care facility shall develop, in collaboration with
the resident, the resident's legal representative, family, if agreed to by the
resident, or case manager, a written negotiated service agreement based on
service needs or preferences of the resident. The negotiated service agreement
shall:
(1) Describe the services to be
provided;
(2) identify the
provider of the service or services; and
(3) identify the party or parties responsible
for payment when services are provided by an outside resource.
(b) The negotiated service
agreement shall support the dignity, privacy, choice, individuality, and
autonomy of the resident.
(c) A
licensed nurse employed by the facility, a home health agency or by the
resident shall participate in the development of the negotiated service
agreement when the resident's functional capacity screen indicates the need for
health care services.
(d) An
initial negotiated service agreement shall be developed at admission.
(e) The negotiated service
agreement shall be reviewed at least annually, revised if necessary, and
revised more frequently if requested by the resident, the resident's legal
representative, the family, if agreed to by the resident, the case manager or
the facility. A licensed nurse shall be involved in revisions related to health
care services.
(f) When the
resident or the resident's legal representative refuses a service which the
administrator or operator, the licensed nurse, the resident's physician or the
case manager believes is necessary for the resident's health and safety, the
negotiated service agreement shall include the following:
(1) The service or services refused;
(2) identification of potential
negative resident outcomes if the service or services are not provided; and
(3) acceptance by the resident or
the resident's legal representative of the potential risk.
(g) The negotiated service
agreement shall not include situations in which the lack of a service has the
potential to affect the health and safety of other residents, facility staff or
the public.
(h) Each individual
involved in the development of the negotiated service agreement shall sign the
agreement. A copy of the initial agreement and subsequent revisions shall be
provided to the resident or the resident's legal representative.
(i) The facility shall ensure that each
resident receives services according to the provisions of the negotiated
service agreement.
(j) When the
resident's negotiated service agreement includes the use of outside resources,
the facility shall:
(1) Provide the resident,
the resident's legal representative, the family, if agreed to by the resident,
and the case manager a list of service providers available to provide the
needed service;
(2) assist the
resident, when requested, in contacting outside resources for services; and
(3) monitor the services provided
by the outside resource and act as an advocate for the resident when services
do not meet professional standards of practice.
Notes
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