Mich. Admin. Code R. 400.1407 - Resident admission and discharge criteria; resident assessment plan; resident care agreement; house guidelines; fee schedule; physician's instructions; health care appraisal
Rule 7.
(1) A
licensee shall not accept, retain, or care for a resident who, in accordance
with a licensed physician's medical diagnosis and opinion, requires continuous
nursing care. This does not preclude the accommodation of a resident who
becomes temporarily ill while in the home, but who does not require continuous
nursing care.
(2) A licensee shall
not accept or retain a resident for care unless and until a resident assessment
plan is made and it is determined that the resident is suitable pursuant to the
following provisions:
(a) The amount of
personal care, supervision, and protection required by the resident is
available in the home.
(b) The
kinds of services and skills required of the home to meet the resident's needs
are available in the home.
(c) The
resident appears to be compatible with other residents and members of the
household.
(3) In
situations where a resident is referred for admission, the resident assessment
plan shall be conducted in conjunction with the resident or the resident's
designated representative, the responsible agency, and the licensee. A licensee
shall maintain a copy of the resident's written assessment plan on file in the
home.
(4) In situations where a
resident is referred for emergency admission and the licensee agrees to accept
the admission, a resident assessment plan shall be conducted within 15 calendar
days following the emergency admission. The resident assessment plan shall be
conducted in accordance to the provisions outlined in subrules (2) and (3) of
this rule.
(5) At the time of a
resident's admission, a licensee shall complete a written resident care
agreement which shall be established between the resident or the resident's
designated representative, the responsible agency, and the licensee. A
department form shall be used unless prior authorization for a substitute form
has been granted in writing by the department. A resident shall be provided the
care and services as stated in the written resident care agreement.
(6) A licensee shall review the written
resident care agreement with the resident or the resident's designated
representative and responsible agency at least annually or more often if
necessary.
(7) A licensee shall
contact a resident's physician for instructions as to the care of the resident
under the following conditions:
(a) If the
resident is under the care of a physician at the time of the resident's
admission to the home.
(b) If the
resident requires the care of a physician while living in the home.
(8) A licensee shall record in the
resident's record the physician's instructions for the care of the resident as
required in subrule (7) of this rule.
(9) If a resident is not under the care of a
physician at the time of the resident's admission to the home, the licensee
shall require that the resident or the resident's designated representative
provide a written health care appraisal completed within the 90-day period
before the resident's admission to the home. If a written health care appraisal
is not available, a licensee shall require that the appraisal be obtained not
later than 30 days after admission. A department form shall be used unless
prior authorization for a substitute form has been granted in writing by the
department.
(10) A licensee may
establish house guidelines. House guidelines, if established, shall be provided
in writing to the resident or the resident's designated representative and
responsible agency upon admission to the home or, if established after a
resident's admission to the home, immediately thereafter. House guidelines
shall not conflict with these rules.
(11) A licensee shall provide a resident or
his or her designated representative and responsible agency with a statement of
the fee policy at the time of admission. A fee statement shall include all of
the following:
(a) A description of services
to be provided and the fee.
(b) A
description of additional costs above the basic fee policy.
(c) A description of the transportation costs
in the basic fee structure and the transportation which is provided at extra
cost.
(12) A licensee
shall provide a resident with a 30-day written notice before discharge from the
home. The written notice shall state the reasons for discharge. A copy of the
written notice shall be sent to the resident's designated representative and
responsible agency.
(13) A licensee
may discharge a resident before the 30-day notice when it has been determined
that any of the following exists:
(a)
Substantial risk or an occurrence of self-destructive behavior.
(b) Substantial risk or an occurrence of
serious physical assault.
(c)
Substantial risk or an occurrence of destruction of property.
(14) A licensee who discharges a
resident pursuant to subrule (13) of this rule shall notify the resident's
designated representative and responsible agency within 24 hours before
discharge. Such notification shall be followed by a written notice to the
resident's designated representative and responsible agency stating the reasons
for discharge.
(15) A licensee shall
not change the residency of a resident from one home to another without the
written approval of the resident or the resident's designated representative
and responsible agency.
(16) A
licensee shall not establish any policies that restrict the resident's ability
to make his or her own living arrangements.
(17) At the time of discharge, a licensee
shall provide copies of resident records to the resident and his or her
designated representative when requested and as determined appropriate by the
resident or his or her designated representative. A fee charged for copies of
resident records shall not exceed the cost to the licensee for making the
copies available.
Notes
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