§ 2800.1. Purpose.
(a) The purpose of this chapter is to protect the health, safety and well-being
of assisted living residents.

(b) Assisted living residences are a significant long-term care alternative to
allow individuals to age in place. Residents who live in assisted living residences
that meet the requirements in this chapter will receive the assistance they need to
age in place and develop and maintain maximum independence, exercise
decision-making and personal choice.

§ 2800.2. Scope.
(a) This chapter applies to assisted living residences as defined in this chapter, and contains the minimum requirements that shall be met to obtain a license
to operate an assisted living residence.
(b) This chapter does not apply to personal care homes, domiciliary care
homes, independent living communities or commercial boarding homes.

§ 2800.3. Inspections and licenses.
(a) The Department will annually conduct at least one onsite unannounced
inspection of each assisted living residence.
(b) Additional announced or unannounced inspections may be conducted at
the Department’s discretion.
(c) A license will be issued to the legal entity by the Department if, after an
investigation by an authorized agent of the Department, the requirements for a
license are met.
(d) The assisted living residence shall post the current license, a copy of the
current license inspection summary issued by the Department and a copy of this
chapter in a conspicuous and public place in the assisted living residence.

 

§ 2800.5. Access.
(a) The administrator, administrator designee or staff person designated under
§ 2800.56(c) (relating to administrator staffing) shall provide, upon request,
immediate access to the residence, the residents and records to:
(1) Agents of the Department.
(2) Representatives of the area agency on aging.
(3) Representatives of the Long-Term Care Ombudsman Program.
(4) Representatives of the protection and advocacy system for individuals
with disabilities designated under the Protection and Advocacy for Individual
Rights Program of the Vocational Rehabilitation and Rehabilitation Services
Act (29 U.S.C.A. § 794e), the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C.A. §§ 10801—10851) and the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.A. §§ 15041—15043).
(5) The resident’s designated person, if so requested by the resident. The
access to records under this paragraph is limited to the records of the resident.
(b) The administrator, administrator designee or staff person designated under
§ 2800.56(c) shall permit community service organizations and representatives of
legal services programs to have access to the residence during visitation hours or
55 § 2800.4a ADULT SERVICES MANUAL Pt. IV by appointment for the purpose of assisting or informing the residents of the
availability of services and assistance. A resident or a resident’s designated person if so authorized may decline the services of the community service organization or the legal service program