71-5905.

Admission or retention; conditions; services of employees; requirements; written information provided to applicant for admission; resident services agreement; third-party guarantee of payment, conditions.

(1) An assisted-living facility shall determine if an applicant for admission to the assisted-living facility is admitted or if a resident of the assisted-living facility is retained based on the care needs of the applicant or resident, the ability to meet those care needs within the assisted-living facility, and the degree to which the admission or retention of the applicant or resident poses a danger to the applicant or resident or others.

(2) Any complex nursing intervention or noncomplex intervention provided by an employee of the assisted-living facility shall be performed in accordance with applicable state law.

(3) Each assisted-living facility shall provide written information about the practices of the assisted-living facility to each applicant for admission to the facility or his or her authorized representative. The information shall include:

(a) A description of the services provided by the assisted-living facility and the staff available to provide the services;

(b) The charges for services provided by the assisted-living facility;

(c) Whether or not the assisted-living facility accepts residents who are eligible for the medical assistance program under the Medical Assistance Act and, if applicable, the policies or limitations on access to services provided by the assisted-living facility for residents who seek care paid by the medical assistance program;

(d) The criteria for admission to and continued residence in the assisted-living facility and the process for addressing issues that may prevent admission to or continued residence in the assisted-living facility;

(e) The process for developing and updating the resident services agreement;

(f) For facilities that have special care units for dementia, the additional services provided to meet the special needs of persons with dementia; and

(g) Whether or not the assisted-living facility provides part-time or intermittent complex nursing interventions.

(4) Each assisted-living facility shall enter into a resident services agreement in consultation with each resident.

(5)(a) A facility shall not request or require a third-party guarantee of payment as a condition of admission, expedited admission, or continued stay in the facility.

(b) A facility may request and require a resident representative who has legal access to a resident's income or resources to sign a contract, without incurring personal financial liability, to provide payment to the facility from such resident's income or resources. For purposes of this subsection, resident representative has the same meaning as defined in 42 C.F.R. 483.5, as such regulation existed on January 31, 2024.

(c) If a person other than the resident informs the assisted-living facility that such person wants to guarantee payment of a resident's expenses, the person shall execute a separate written agreement. No provision in the separate written agreement shall conflict with this subsection. The separate written agreement shall be provided to the guarantor of payment and shall contain the following statements:

(i) "Do not sign this agreement unless you voluntarily agree to be financially liable for paying the patient's expenses.";

(ii) "You may change your mind within forty-eight hours after signing this agreement by notifying the facility that you want to revoke this agreement."; and

(iii) "You may call the state long-term care ombudsman for an explanation of your rights.".

(d) Nothing in this subsection shall permit an individual with legal access to a resident's income or resources to avoid liability for violation of such individual's fiduciary duty.