(1) Criteria for admission to a home are as follows:
(a) Persons admitted to a personal care home must be at least 18 years of age;
(b) The home shall admit or retain only ambulatory residents;
(c) The home shall not admit, or retain persons who require the use of physical or chemical restraints,
isolation, or confinement for behavioral control;
(d) Persons admitted to a home may not be confined to bed and may not require continuous medical or
nursing care and treatment;
(e) Medical, nursing, health or supportive services required on a periodic basis, or for short-term illness,
shall not be provided as services of the home. When such services are required, they shall be purchased
by the resident or the resident’s representative or legal surrogate, if any, from appropriately licensed
providers managed independently for the home. The home may assist in arrangement for such services,
but not provision of those services.

(2) No home shall admit or retain a resident who needs care beyond which the facility is permitted to
provide. Applicants requiring continuous medical or nursing services shall not be admitted or retained.

(3) The administrator or on-site manager of a home shall conduct an interview with the applicant and/or
representative or legal surrogate, if any, of the applicant to ascertain that the home can meet the
applicant’s needs. The administrator or on-site manager shall require the applicant to provide the home
with a physical examination conducted by a by a licensed physician, nurse practitioner or physician’s
assistant dated within 30 days prior to the date of admission. A resident admitted pursuant to an
emergency placement made by the Adult Protective Services Section of the Department of Family and
Children Services shall receive a physical examination within 14 days of the emergency admission. The
following information is required:
(a) the signature, address, and telephone number of the examining physician;
(b) a description of physical and mental health status including diagnosis and any functional limitation;
(c) recommendations for care including medication, diet, and medical, nursing, health, or supportive
services which may be needed on a periodic basis;
(d) a statement that, on the day the examination is given:
1. continuous 24 hour nursing care is not needed;
2. the person’s needs can be met in a facility that is not a medical or nursing facility;
3. The person has received screening for tuberculosis within twelve (12) months of admission and has
no apparent signs or symptoms of infectious disease which is likely to be transmitted to other residents or
staff;

4. The person may need personal assistance with some activities of daily living.
(e) If the above information is not contained in the report of the physical examination, the administrator
or on-site manager shall obtain the above information from the resident’s physician. Such information
shall be recorded in the resident’s file. In the event a resident develops a significant change in physical or
mental condition, the governing body shall be required to provide the Department, upon request, with a
current physical examination from a physician indicating the resident’s continued ability to meet the
requirements of the home.

 

111-8-62-.17 Admission Agreement

(1) A written admission agreement shall be entered into between the governing body and the resident.
Such agreement shall contain the following:
(a) A current statement of all fees and daily, weekly or monthly charges; any other services which are
available on an additional fee basis, for which the resident must sign a request acknowledging the
additional cost and the services provided in the home for that charge;
(b) A statement that residents and their representatives or legal surrogates shall be informed, in writing,
at least sixty (60) days prior to changes in charges or services;
(c) The resident’s authorization and consent to release medical information to the home as needed;
(d) Provisions for the administrator or on-site manager’s continuous assessment of the resident’s
needs, referral for appropriate services as may be required if the resident’s condition changes and
referral for transfer or discharge if required due to a change in the resident’s condition;
(e) Provision for transportation of residents for shopping, recreation, rehabilitation and medical services,
which shall be available either as a basic service or on a reimbursement basis, and providing that
transportation for emergency use shall be available at all times;
(f) A statement of the home’s refund policy when a resident is transferred or discharged;
(g) A statement that a resident may not be required to perform services for the home except as
provided for in the admission agreement or a subsequent written agreement. A resident and administrator
or on-site manager may agree in writing that a resident will perform certain activities or services in the
home if the resident volunteers or is compensated at or above prevailing rates in the community; and
(h) A copy of the house rules, which must be in writing and also posted in the facility. House rules must
be consistent with residents’ rights. House rules shall include, but not be limited to, policies regarding the
use of tobacco and alcohol, the times and frequency of use of the telephone, visitors, hours and volume
for viewing and listening to television, radio and other audiovisual equipment, and the use of personal
property.

(2) Each resident, prior to the execution of the admissions agreement, shall have an opportunity to read
the agreement. In the event that a resident is unable to read the agreement, the administrator or on-site
manager shall take special steps to assure communication of its contents to the resident.

(3) The resident and representative or legal surrogate, if any, shall each be given a signed copy of the
agreement and a copy signed by both parties (resident and administrator or on-site manager) shall be
retained in the resident’s file and maintained by the administrator or on-site manager of the home.

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