44-106.01. Admissions.

(a) An ALR shall accept as residents only individuals for whom the ALR can provide appropriate
services unless the ALR arranges for third party services or the resident does so with the
agreement of the ALR.
(b) Prior to admission of a resident, the ALA or designee shall determine that the resident is
appropriate for admission to the.ALR and that the resident’s needs can be met in addition to
the needs of the other residents..
(c) An ALR may only admit individuals who are at bast 18 years of age.
(d) No individual may be admitted who at the time of initial admission, and as established by
the initial assessment:
(1) Is dangerous to him or herself or others or exhibits behavior that significantly and
negatively impacts the lives of others, where the ALR would be unable to eliminate such
danger or behavior through the use of appropriate treatment modalities; or
(2) Is at high risk for health or safety complications that cannot be adequately managed by
the ALR and requires more than 35 hours per week of skilled nursing and home health aide
services combined, provided on less than a daily basis, according to section 2113.1 of HCFA
Pub. 75 and 42 CFR, sections 409.32, 409.33, and 409.44.
(e) An ALR shall not admit individuals who require the following:
(1) More than intermittent skilled nursing care;
(2) Treatment of stage 3 or 4 skin ulcers;
(3) Ventilator services; or
(4) Treatment for an active, infectious, and reportable disease or a disease or condition that
requires more than contact isolation.
(f) The ALR shall maintain records of all denials of admission.
(g) Nothing in this section shall automatically exclude persons with primary or secondary
mental health issues from admission

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