44-106.05. Shared responsibility agreements.
(a) Whenever disagreements arise as to lifestyle, personal behavior, safety, and service plans
the ALR staff, resident or surrogate, and other relevant service providers shall attempt to
develop a shared responsibility agreement.
(b) A shared responsibility agreements represents a tool for ALRs to recognize an individual
resident’s right to autonomy by respecting his or her right to make individual decisions
regarding lifestyle, personal behavior, and ISPs. In some cases, a resident’s decision may
involve increased risk of personal harm and therefore potentially increase the risk of liability
by the ALR absent an agreement between the resident and ALR concerning such decisions or
actions. In such instances the ALR shall:
(1) Explain to the resident, or surrogate, why the decision or action may pose risks and
suggest alternatives to the resident; and
(2) Discuss with the resident, or surrogate, how the ALR might mitigate potential risks.
(c) If, after consultation with the ALR as required by subsection (b) of this section, a resident
decides to pursue a course of action, such as refusal of services, that may involve increased
risk of personal harm and conflict with the ALR’s usual responsibilities, the ALR shall:
(1) Describe to the resident the action or range of actions subject to negotiation; and
(2) Negotiate a shared responsibility agreement, with the resident as a full partner, acceptable
to the resident and the ALR that meets all reasonable requirements implicated. The shared
responsibility agreement shall be signed by the resident or surrogate and the ALR.