A SSISTED L IVING S ERVICES A GENCY ”

An institution that provides, among other things, nursing services and assistance with activities of daily living to a population that is chronic and stable. C.G.S. §§ 19a-490(l). Provides assisted living services. C.A.R. §§ 19-13-D105(a)(3).

Conn. Gen. Stat. §§ 19a-490 to -560 (West 1998). Health Care Institutions.

Conn. Agency Regs. §§ 19-13-D105 et seq. Coordination, Assessment, and Monitoring Agency Licensure Regulations.

Department of Public Health and Addiction Services.

Does the state regulate the operation of assisted living facilities? Yes, by statute.

Yes, “No person … shall establish, conduct, operate, or maintain an institution … without a license …”

No.

No, but a certificate of need may be a prerequisite to licensing if determined by the appropriate state agency.

Does the statute include a statement of philosophy? No.

Does the state restrict who can be admitted? No.

Each agency must establish written criteria for admission but shall not impose unreasonable restrictions which screen out clients whose needs may be met by the agency.

Does the state require a resident council or similar for resident involvement? No.

However, if a managed residential community (MRS) is served by an assisted living services agency, then the MRS must establish a tenant council, ensuring that a private space is provided to the group for meetings and providing assistance and responding to written requests that result from group meetings.

Does the statute include a resident bill of rights? Yes.

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LASSIFICATION

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UTHORITY STATUTE REGULATION

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VERSIGHT

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GENCY LICENSURE REGISTRATION CERTIFICATION

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HILOSOPHY

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DMISSION

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RITERIA

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ESIDENT

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ARTICIPATION

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ESIDENT

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ILL OF

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IGHTS

FREEDOM

A. FREEDOMOFCHOICE: Yes.

• Information regarding the right to participate in the planning of (or any changes in) the care to be furnished, the frequency of visits proposed, the nurse supervising care, and the manner in which the nurse may be contacted.

• Client responsibility for participation in the development and implementation of the client service program and the client’s right to refuse recommended services.

• The client’s right to have services provided by an individual or entity other than via an assisted living services agency.

• The client’s right to make individual arrangements with an assisted living services agency which does not have a formal contract with the managed residential community in which he/she resides.

• The client’s right to terminate or reduce services provided by an assisted living services agency at any time.

B. FREEDOMFROM ABUSE & RESTRAINTS: Yes.

Right of the client to be free from physical and mental abuse and exploitation and to have personal property treated with respect.

PRIVACY/CONFIDENTIALITY

C. PRIVACY: No.

D. CONFIDENTIALITY: Yes.

• Explanation of confidential treatment of all client information retained in the agency and the requirement for written consent for release of information to persons not otherwise authorized under law to receive it.

• Policy regarding client access to his or her service record.

GRIEVANCE

E. GRIEVANCES: Yes.

• Explanation of the complaint procedure and right to file a complaint without

discrimination or reprisal from the agency regarding the provision of care and services, any allegation of physical or mental abuse or exploitation or the lack of respect for property by anyone providing agency services.

• Agency’s responsibility to promptly investigate the complaints made by a client or his or her family regarding the provision of care and services, any allegations of physical or mental abuse or exploitation or lack of respect for the client’s property by anyone providing agency services.

• Procedure for registering complaints with the commissioner including the address and phone number of the department.

OTHER

F. ACCOMMODATION OFINDIVIDUAL NEEDS: No.

G. PARTICIPATIONIN GROUPS AND OTHERACTIVITIES: No. H. EXAMINATION OFSURVEY AND INSPECTION RESULTS: No. I. ACCESS AND VISITATION: No.

J. SERVICESINCLUDED IN MEDICARE OR MEDICAID PAYMENT: Yes.

A description of Medicare-covered services and billing and payment requirements for such

STATE SUMMARIES

Connecticut

services.

K. NOTIFICATIONOFRIGHTSANDRESPONSIBILITIES: YES.

Information advising the client of his or her rights under state law to make decisions about medical care, including the right to formulate advance directives such as living wills and durable power of attorney for health care decisions.

L. MANAGE PERSONAL FINANCIAL AFFAIRS: No. M. OTHER ADDITIONAL: Yes.

• Description of available services, charges and billing mechanisms with the assurance that any changes shall be given to the client orally and in writing as soon as possible but no less than fifteen working days prior to the date such changes become effective. • Criteria for admission to services.

• The circumstances under which the client may be discharged from the agency or may not be permitted to receive services from the assisted living services agency.

POSTEDWITHIN FACILITY: No.

WITHIN RESIDENT’S CONTRACT: No.

PROVIDED AS SEPARATE WRITING: Yes.

Provided to each client at the time of admission and given a written copy of any changes.

ORAL EXPLANATION:Yes.

Explained to each client at the time of admission.

OTHER: No.

Does the state set guidelines for involuntary transfer and/or discharge? Yes, by regulation.

Each agency must develop written policies for the discharge of clients according to defined categories.

A. BEHAVIOR: Yes. B. HEALTH STATUS: Yes.

Client’s condition is no longer chronic and stable or goals of care have been met and client no longer requires assisted living services.

C. NONPAYMENT: Yes.

Client’s insurance benefits or financial resources are exhausted.

D. NONCOMPLIANCE: No.

E. FACILITY CEASES TO OPERATE: Yes. F. OTHER: Yes.

Safety issues place client or agency staff in immediate jeopardy and prevent agency from delivering assisted living services or goals of care have not been met and client continues to require assisted living services.

A. TIMING/DISTRIBUTION: Yes. ENUMERATED RIGHTS (CONT.) METHOD(S) OF DISCLOSURE

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RANSFER

&

D

ISCHARGE REASON(S) RESIDENT NOTIFICATION

B. CONTENTOFNOTIFICATION: Yes.

Reason for the transfer/discharge and notice of resident’s right to appeal.

C. RELOCATION ASSISTANCE: Yes.

The facility must assist the resident in finding appropriate placement and provide a discharge plan indicating resident’s individual needs.

A. WITHIN FACILITY: No. B. STATE AGENCY: Yes.

Resident may request a hearing before the Commissioner of Public Health.

Does the state require a written contract? No.

Does state require the facility to have a grievance procedure for resident concerns? Yes, by regulation.

FACILITY DISCRETION: No.

STATE MANDATED

A. INTERNAL PROCEDURES: Yes.

A written complaint procedure regarding the provision of care and services, any

allegations of physical or mental abuse or exploitation or the lack of respect for a client’s property by anyone providing agency services.

B. EXTERNAL PROCEDURES: Yes.

Does state permit private right of action against the facility? No.

Does the statute include reference to negotiated risk agreement? Not specifically.

But the client has the right to participate in the development and implementation of his or her service plan and to refuse recommended services.

Do the regulations call for keeping data on residents? No.

Does the state have specific guidelines for special care environments? No. RESIDENT NOTIFICATION (CONT.) APPEAL RIGHTS

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ONTRACT

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RIEVANCE

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ROCEDURE

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RIVATE

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IGHT OF

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CTION

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EGOTIATED

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ISK

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ATA

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OLLECTION

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PECIAL

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ARE

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NVIRONMENTS

STATE SUMMARIES

In document Section 3 ASSISTED LIVING: SUMMARY O STATE STATUTES STATE SUMMARIES ALABAMA - MISSOURI. (Includes the District of Columbia) (Page 44-48)