reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2609 - INFECTION CONTROL

Current through Register Vol. 13, July 5, 2024
(1) An adult day
				care center must ensure that each of its employees provides the center, prior
				to the time of employment, with documentation from a physician stating that the
				employee is free from communicable tuberculosis, and with the same
				documentation annually thereafter.
(2) The center must ensure that, on the first
				day of service and annually thereafter, each client in that center provides
				documentation from a physician showing that the client is free from
				communicable tuberculosis.
(3) The
				adult day care center must establish and maintain infection control policies
				and procedures sufficient to provide a safe environment and to prevent the
				transmission of disease. Such policies and procedures must include, at a
				minimum, the following guidelines:
(a) Any
				employee contracting a communicable disease that is transmissible to clients
				through food handling or personal care may not appear at work until the
				infectious disease can no longer be transmitted. The decision to return to work
				must be made by the manager in accordance with the policies and procedures
				instituted by the center; and
(b)
				If, after admission, a client is suspected of having a communicable disease
				that would endanger the health and welfare of other clients, the manager shall
				contact the client's physician and shall ensure that appropriate safety
				measures are taken on behalf of that client and the other clients.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2610 - MAINTENANCE AND HOUSEKEEPING

Current through Register Vol. 13, July 5, 2024
(1) Each adult
				day care center shall have a written maintenance program describing the
				procedures that must be utilized by maintenance personnel to keep the building
				and equipment in repair and free from hazards.
(2) All electrical, mechanical, plumbing,
				fire protection, heating, and sewage disposal systems must be kept in
				operational condition.
(3) The
				temperature of hot water supplied to handwashing and bathing facilities must
				not exceed 120 E F.
(4) An adult
				day care center shall provide housekeeping services on a daily basis or as
				needed.
(5) Cleaners used in
				cleaning bathtubs, showers, sinks, urinals, toilet bowls, toilet seats, and
				floors must contain fungicides or germicides with current EPA registration for
				that purpose.
(6) Floors must be
				covered with an easily cleanable covering.
(7) Carpets are prohibited in bathrooms,
				kitchens, laundries, or janitor closets.
(8) Walls and ceilings must be kept in good
				repair and be of a finish that can be easily cleaned.
(9) An adult day care center must be kept
				clean and free of odors. Deodorants may not be used for odor control in lieu of
				proper ventilation.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2615 - LAUNDRY

Current through Register Vol. 13, July 5, 2024
(1) If an adult day care center that is not
				located on the premises of another licensed health care facility elects to
				process its laundry on the center site, it must:
(a) set aside and utilize an area solely for
				laundry purposes;
(b) equip the
				laundry room with a mechanical washer and a dryer vented to the outside,
				handwashing facilities, a fresh air supply, and a hot water supply system that
				supplies the washer with water of at least 110 E F during each use;
(c) have a separate area or room designed for
				use as a laundry, including an area for sorting soiled and clean linen and
				clothing. No laundry may be done in a food preparation or dishwashing
				area;
(d) provide well maintained
				containers to store and transport laundry that are impervious to moisture,
				keeping those used for soiled laundry separate from those used for clean
				laundry;
(e) dry all bed linen,
				towels, and wash cloths in the dryer;
(f) protect clean laundry from sources of
				contamination; and
(g) ensure that
				center staff handling laundry cover their clothes while working with soiled
				laundry, use separate clean covering for their clothes while handling clean
				laundry, and wash their hands both after working with soiled laundry and before
				they handle clean laundry.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2616 - FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) An adult day
				care center must provide:
(a) at least one
				meal a day to clients who stay at the center up to 10 hours;
(b) two meals per day to clients who stay at
				the center over 10 hours;
(c) three
				meals per 24-hour period to overnight clients.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2620 - CLIENT AND PERSONNEL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) An
				adult day care center shall prepare a record for each client composed of at
				least the following information: name; address; sex; social security number;
				date of birth; marital status; insurance or financial responsibility
				information; religious affiliation; next of kin; the first day of service and
				the last day of service; the client's physician's name, address, and telephone
				number, if appropriate; required medications, if applicable; the date and time
				of visit to or by his/her physician; and a record of medications taken by the
				client as required in ARM
				37.106.2621(3).
(2) The center shall retain all client
				records for no less than five years following the last day of service to the
				client or the client's death, whichever date is earlier.
(3) The center must maintain a personnel
				record for each employee, including for substitute personnel, that includes at
				least the following:
(a) employment
				application;
(b) employment
				contract;
(c) TB test
				records;
(d) references;
(e) performance appraisals; and
(f) a description of any significant incident
				involving both the employee and a client and its consequences.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.26 - Adult Day Care › Rule 37.106.2621 - MEDICATIONS

Current through Register Vol. 13, July 5, 2024
(1) If a client is required to take
				medication while at the center, the client must be capable of taking his/her
				own medications, with the following assistance from staff:
(a) reminding the client to take the
				medication at the proper time;
(b)
				removing medication containers from storage;
(c) assisting with removal of a
				cap;
(d) guiding the hand of the
				client; and
(e) observing the
				client take the medication.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2701 - APPLICATION OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2702 - APPLICATION OF OTHER RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-103,
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2703 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2708 - ADMINISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2709 - WRITTEN POLICIES AND PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2710 - STAFFING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2711 - FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2715 - CONSTRUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2716 - PHYSICAL PLANT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2717 - ENVIRONMENTAL CONTROL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2718 - INFECTION CONTROL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2719 - LAUNDRY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2725 - RESIDENTIAL SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2726 - PERSONAL SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2727 - MEDICATIONS AND OXYGEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2728 - FOOD SERVICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2729 - SOCIAL SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2730 - RECREATIONAL ACTIVITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2731 - PETS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2740 - PERSONAL CARE FACILITIES: RESIDENCY APPLICATION PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2741 - RESIDENT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2742 - RESIDENT RIGHTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.27 - Personal Care › Rule 37.106.2750 - REQUIREMENTS FOR CATEGORY B FACILITIES ONLY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2801 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) The rules in this chapter pertain to
				facilities which provide personal care services. These rules constitute the
				basis for the licensure of assisted living facilities by the Montana department
				of public health and human services.
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-225,
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2802 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish standards for assisted living A, B, C, and D facilities. Assisted
				living facilities are a setting for frail, elderly, or disabled persons which
				provide supportive health and service coordination to maintain the residents'
				independence, individuality, privacy, and dignity.
(2) An assisted living facility offers a
				suitable living arrangement for persons with a range of capabilities,
				disabilities, frailties, and strengths. In general, however, assisted living is
				not appropriate for individuals who are incapable of responding to their
				environment, expressing volition, interacting, or demonstrating any independent
				activity. For example, individuals in a persistent vegetative state who require
				long term nursing care should not be placed or cared for in an assisted living
				facility.
AUTH:
					 50-5-103,
					 50-5-226,
					 50-5-227,
					 MCA; IMP:
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2803 - APPLICATION OF RULES

Current through Register Vol. 13, July 5, 2024
(1) Category A
				facilities must meet the requirements of ARM
				37.106.2801
				through
				37.106.2866.
(2) Category B facilities must meet the
				requirements of ARM
				37.106.2801
				through
				37.106.2885.
(3) Category C facilities must meet the
				requirements of ARM
				37.106.2801
				through
				37.106.2885
				and ARM
				37.106.2891
				through
				37.106.2898.
(4) Category D facilities must meet the
				requirements of ARM
				37.106.2801
				through
				37.106.2885
				and ARM 37.106.2899 through 37.106.2899H.
AUTH:
					 50-5-103,
					 50-5-226,
					 50-5-227,
					 MCA; IMP:
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2804 - APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) To the
				extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3
				conflict with the terms of ARM Title 37, chapter 106, subchapter 28, the terms
				of subchapter 28 will apply to assisted living facilities.
AUTH:
					 50-5-103,
					 50-5-226,
					 50-5-227,
					 MCA; IMP:
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2809 - LICENSE APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				Application for a license accompanied by the required fee shall be made to the
				Department of Public Health and Human Services, Office of Inspector General,
				Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953
				upon forms provided by the department and shall include full and complete
				information as to the:
(a) identity of each
				officer and director of the corporation, if organized as a
				corporation;
(b) identity of each
				general partner if organized as a partnership or limited liability
				partnership;
(c) name of the
				administrator and administrator's qualifications;
(d) name, address, and phone number of the
				management company if applicable;
(e) physical location address, mailing
				address, and phone number of the facility;
(f) maximum number of A beds, B beds, C beds,
				and D beds in the facility;
(g)
				policies and procedures as outlined in ARM
				37.106.2815;
				and
(h) resident agreement, as
				outlined in ARM
				37.106.2823,
				intended to be used.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2810 - LICENSE RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) A license is
				not subject to sale, assignment, or other transfer, voluntary or
				involuntary.
(2) A license is valid
				only for the premises for which the original license was issued.
(3) The license remains the property of the
				department and shall be returned to the department upon closing or transfer of
				ownership.
(a) The address for returning the
				license is Department of Public Health and Human Services, Office of Inspector
				General, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT
				59620-2953.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2814 - ADMINISTRATOR

Current through Register Vol. 13, July 5, 2024
(1) Each assisted living facility shall
				employ an administrator. The administrator is responsible for operation of the
				assisted living facility at all times and shall ensure 24-hour supervision of
				the residents.
(2) The
				administrator must meet the following minimum requirements:
(a) be currently licensed as a nursing home
				administrator in Montana or another state; or
(b) has successfully completed all of the
				self study modules of "A Management Reference for Executive Directors - Admin
				Level 1 Certificate Program," a component of the assisted living training
				system published by the Senior Living University (SLU) or an alternate,
				approved program; or
(c) be
				enrolled in and complete the self study course referenced in (2)(b), within six
				months from hire.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2815 - WRITTEN POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A
				policies and procedures manual for the organization and operation of the
				assisted living facility shall be developed, implemented, kept current,
				reviewed every other year and as necessary to assure the continuity of care and
				day to day operations of the facility. Each review of the manual shall be
				documented, and the manual shall be available in the facility to staff,
				residents, residents' legal representatives, and representatives of the
				department at all times.
(2) The
				manual must include an organizational chart delineating the lines of authority,
				responsibility, and accountability for the administration and resident care
				services of the facility.
(3) New
				policies, as developed, must be submitted to the department for
				review.
AUTH:
					 50-5-103,
					 50-5-226,
					 50-5-227,
					 MCA; IMP:
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2816 - ASSISTED LIVING FACILITY STAFFING

Current through Register Vol. 13, July 5, 2024
(1)
				The administrator shall develop minimum qualifications for the hiring of direct
				care staff and support staff.
(2)
				The administrator shall develop policies and procedures for conducting criminal
				background checks, hiring, and assessing staff, which include practices that
				assist the employer in identifying employees who may pose risk or threat to the
				health, safety, or welfare of any resident and provide written documentation of
				findings and the outcome in the employee's file.
(a) A name-based or FBI fingerprint
				background check shall be conducted on all employees who have accepted
				employment at an assisted living facility.
(i) If an applicant has lived outside the
				state within the past five years, the assisted living facility must complete
				background checks in every state in which the applicant has resided within the
				past five years unless the name-based background check yields nationwide
				results, or the facility may conduct FBI fingerprint background
				check.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2817 - EMPLOYEE FILES

Current through Register Vol. 13, July 5, 2024
(1) The facility is
				responsible for maintaining a file on each employee and substitute
				personnel.
(2) The following
				documentation from employee files must be made available to the department at
				all reasonable times, but shall be made available to the department within 24
				hours after the department requests to review the files:
(a) the employee's name;
(b) a copy of current credentials,
				certifications, or professional licenses as required to perform the job
				description;
(c) an initialed copy
				of the employee's job description;
(d) initialed documentation of employee
				orientation and ongoing training including documentation of abdominal thrust
				maneuver training, basic first aid, and CPR; and
(e) the result of the employee's criminal
				background check.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2821 - RESIDENT APPLICATION AND NEEDS ASSESSMENT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) All facilities must develop a written
				application procedure for admission to the facility which includes the
				prospective resident's name and address, sex, date of birth, marital status,
				and religious affiliation (if volunteered).
(2) The facility shall determine whether a
				potential resident meets the facility's admission requirements and that the
				resident is appropriate to the facility's license endorsement as either a
				category A, category B, category C, or category D facility, as specified in
				50-5-226,
				MCA.
(3) Prior to admission, the
				facility shall conduct an initial resident needs assessment to determine the
				prospective resident's needs.
(4)
				The initial resident's needs assessment must include documentation of the
				following:
(a) cognitive patterns to include
				short-term memory, long term memory, memory recall, decision making, and change
				in cognitive status/awareness, or thinking disorders;
(b) sensory patterns to include hearing,
				ability to understand others, ability to make self understood, and ability to
				see in adequate light;
(c)
				activities of daily living (ADL) functional performance to include ability to
				transfer, locomotion, mobility devices, dressing, eating, use of toilet,
				bladder continence, bowel continence, continence appliance/programs, grooming,
				and bathing;
(d) mood and behavior
				patterns, sadness or anxiety displayed by resident, wandering, verbally
				abusive, physically abusive, and socially inappropriate/disruptive
				behavior;
(e) health
				problems/accidents;
(f)
				weight/nutritional status to include current weight and nutritional
				complaints;
(g) skin
				problems;
(h) current medication
				use including over-the-counter and/or prescription medications; and
(i) use of restraints, safety, or assistive
				devices.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2822 - RESIDENT SERVICE PLAN: CATEGORY A

Current through Register Vol. 13, July 5, 2024
(1)
				Based on the initial resident's needs assessment, an initial service plan shall
				be developed for all category A residents within 24 hours of admission. The
				initial service plan shall be reviewed or modified within 60 days of admission
				to assure the service plan accurately reflects the resident's needs and
				preferences.
(2) The service plan
				shall include a written description of:
(a)
				what the service is;
(b) who will
				provide the service;
(c) when the
				service is performed;
(d) where and
				how often the service is provided;
(e) changes in service and the reasons for
				those changes;
(f) if applicable,
				the desired outcome;
(g) an
				emergency contact with phone number; and
(h) the prospective resident's practitioner's
				name, address, and telephone number and whether there are any health care
				decision making instruments in effect if applicable.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2823 - RESIDENT AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) An assisted
				living facility shall enter into a written resident agreement with each
				prospective resident prior to admission to the assisted living facility. The
				agreement shall be signed and dated by a facility representative and the
				prospective resident or the resident's legal representative. The facility shall
				provide the prospective resident or the resident's legal representative and the
				resident's practitioner, if applicable, a copy of the agreement and shall
				explain the agreement to them. The agreement shall include at least the
				following items:
(a) the criteria for
				requiring transfer or discharge of the resident to another facility providing a
				different level of care;
(b) a
				statement explaining the availability of skilled nursing or other professional
				services from a third party provider to a resident in the facility;
(c) the extent that specific assistance will
				be provided by the facility as specified in the resident service
				plan;
(d) a statement explaining
				the resident's responsibilities including house rules, the facility grievance
				policy, facility smoking policy, facility policy regarding pets, and the
				facility policy on medical and recreational marijuana use;
(e) a listing of specific charges to be
				incurred for the resident's care, frequency of payment, facility rules relating
				to nonpayment of services, and security deposits, if any are
				required;
(f) a statement of all
				charges, fines, penalties, or late fees that shall be assessed against the
				resident;
(g) a statement that the
				agreed upon facility rate shall not be changed unless 30 days' advance written
				notice is given to the resident and/or the resident's legal representative;
				and
(h) an explanation of the
				assisted living facility's policy for refunding payment in the event of the
				resident's absence, discharge, or transfer from the facility and the facility's
				policy for refunding security deposits.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2824 - INVOLUNTARY DISCHARGE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1)
				Residents shall be given a written 30 day notice when they are requested to
				move out. The administrator or designee shall initiate transfer of a resident
				through the resident's physician or practitioner, appropriate agencies, and the
				resident's legal representative, as applicable, when:
(a) the resident's needs exceed the level of
				ADL services the facility provides;
(b) the resident exhibits behavior or actions
				that repeatedly and substantially interfere with the rights, health, safety, or
				well-being of other residents and the facility has tried prudent and reasonable
				interventions;
(i) documentation of the
				interventions attempted by the facility shall become part of the resident's
				record;
(c) the resident,
				due to severe cognitive decline, is not able to respond to verbal instructions,
				recognize danger, make basic care decisions, express needs, or summon
				assistance, except as permitted by ARM
				37.106.2891
				through
				37.106.2898;
(d) the resident has a medical condition that
				is complex, unstable, or unpredictable and treatment cannot be appropriately
				developed in the assisted living environment;
(e) the resident has had a significant change
				in condition that requires medical or psychiatric treatment outside the
				facility and at the time the resident is to be discharged from that setting to
				move back into the assisted living facility, appropriate facility staff have
				re-evaluated the resident's needs and have determined the resident's needs
				exceed the facility's level of service. Temporary absence for medical treatment
				is not considered a move out;
(f)
				the resident has failed to pay charges after reasonable and appropriate notice;
				or
(g) the facility ceases to
				operate.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2828 - RESIDENT RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall comply with the Montana Long-Term Care Residents' Bill of Rights, found
				at
				50-5-1101,
				et seq., MCA. This includes the posting of the facility's statement of resident
				rights in a conspicuous place. Prior to or upon admission of a resident, the
				assisted living facility shall explain and provide the resident with a copy of
				the Montana Long-Term Care Residents' Bill of Rights.
(2) Residents have the right to execute
				living wills and other advance health care directives, and to have those
				advance directives honored by the facility in accordance with law.
(3) Prior to admission of a resident, the
				assisted living facility must inform a potential resident in writing of:
(a) their right (at the individual's option)
				to make decisions regarding medical care, including the right to accept or
				refuse medical treatment, and the right to formulate an advance directive;
				and
(b) explain and provide a copy
				of the facility's policies regarding advance directives, including a policy
				that the facility cannot implement an advance directive, either because of a
				conscientious objection (under
				50-9-203,
				MCA), or, for some other reason as stated in facility policy (under
				50-9-203,
				MCA).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2829 - RESIDENT FILE

Current through Register Vol. 13, July 5, 2024
(1) At the time of
				admission, a separate file must be established for each category A, category B,
				category C, or category D resident. This file must be maintained on site in a
				safe and secure manner and must preserve the resident's
				confidentiality.
(2) The file shall
				include at least the following:
(a) a
				completed resident agreement, in accordance with ARM
				37.106.2823;
(b) updates of resident/provider agreements,
				if any;
(c) the service plan for
				all category A residents;
(d)
				resident's weight on admission and at least annually thereafter for category A
				residents or more often as the resident, or the resident's licensed health care
				professional, determine a weight check is necessary;
(e) reports of significant events including:
(i) documentation of the notice to the
				resident's practitioner;
(ii) steps
				taken to safeguard the resident; and
(iii) facility contacts with family members
				or another responsible party;
(f) a record of communication between the
				facility and the resident or their representative if there has been a change in
				the resident's status or a need to discharge; and
(g) the date and circumstances of the
				resident's final transfer, discharge, or death, including notice to responsible
				parties and disposition of personal possessions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2830 - THIRD PARTY SERVICES

Current through Register Vol. 13, July 5, 2024
(1) A resident may
				purchase third party services provided by an individual or entity, licensed if
				applicable, to provide health care services under arrangements made directly
				with the resident or resident's legal representative under the provisions of
				50-5-225(2)
				(a) and (b), MCA.
(2) The resident or resident's legal
				representative assumes all responsibility for arranging for the resident's care
				through appropriate third parties.
(3) Third party services shall not compromise
				the assisted living facility operation or create a danger to others in the
				facility.
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-225,
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2831 - RESIDENT ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) A planned,
				diversified program of resident activities shall be offered daily for
				residents, including individual or group activities, on or off site, to meet
				the individual needs and well being of residents. Resident activities should
				promote and encourage self care and continuity of normal activities.
(2) The activities program shall be developed
				based on the activity needs and interest of residents as identified through the
				service plan.
(3) The facility
				shall provide directly, or by arrangement, local transportation for each
				resident to and from health care services provided outside the facility and to
				activities of social, religious or community events in which the resident
				chooses to participate according to facility policy.
(4) The activities program shall develop and
				post a monthly group activities calendar, which lists social, recreational, and
				other events available to residents. The facility shall maintain a record of
				past monthly activities, kept on file on the premises for at least three
				months.
Sec.
					 50-5-103,
					 50-5-226
					 and
					 50-5-227,
					 MCA; IMP, Sec.
					 50-5-225,
					 50-5-226
					 and
					 50-5-227,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2835 - RESIDENT UNITS

Current through Register Vol. 13, July 5, 2024
(1) A resident of
				an assisted living facility who uses a wheelchair or walker for mobility, or
				who is a category B, category C, or category D resident, must not be required
				to use a bedroom on a floor other than the first floor of the facility that is
				entirely above the level of the ground, unless the facility is designed and
				equipped in such a manner that the resident can move between floors or to an
				adjacent international conference of building code officials approved
				occupancy/fire barrier without assistance and the below grade resident
				occupancy is or has been approved by the local fire marshal.
(2) Each resident bedroom must satisfy the
				following requirements:
(a) in a previously
				licensed facility, no more than four residents may reside in a single
				bedroom;
(b) in new construction
				and facilities serving residents with severe cognitive impairment, occupancy
				must be limited to no more than two residents per room;
(c) exclusive of toilet rooms, closets,
				lockers, wardrobes, alcoves, or vestibules, each single bedroom must contain at
				least 100 square feet, and each multi-bedroom must contain at least 80 square
				feet per resident;
(d) each
				resident must have a wardrobe, locker, or closet with minimum clear dimensions
				of 1 foot 10 inches in depth by 1 foot 8 inches in width, with a clothes rod
				and shelf placed to permit a vertically clear hanging space of 5 feet for full
				length garments;
(e) a sufficient
				number of electrical outlets must be provided in each resident bedroom and
				bathroom to meet staff and resident needs without the use of extension
				cords;
(f) each resident bedroom
				must have operable exterior windows which meet the approval of the local fire
				or building code authority having jurisdiction;
(g) the resident's bedroom door may be fitted
				with a lock if approved in the resident service plan, as long as facility staff
				have access to a key at all times in case of an emergency. Deadbolt locks are
				prohibited on all resident bedrooms. Resident bedroom door locks must be
				operable, on the resident side of the door, with a single motion and may not
				require special knowledge for the resident to open;
(h) kitchens or kitchenettes in resident
				bedrooms are permitted if the resident's service plan permits unrestricted use
				and the cooking appliance can be removed or disconnected if the service plan
				indicates the resident is not capable of unrestricted use.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2836 - FURNISHINGS

Current through Register Vol. 13, July 5, 2024
(1) Each resident in an assisted living
				facility must be provided the following at a minimum by the facility:
(a) an individual towel rack;
(b) a handicap accessible mirror mounted or
				secured to allow for convenient use by both wheelchair bound residents and
				ambulatory persons;
(c) clean,
				flame-resistant, or non-combustible window treatments or equivalent, for every
				bedroom window. In a category D facility or unit, the use of blinds or curtains
				is not permissible. A flame-resistant or non-combustible window valence, not
				exceeding 14 inches in length, may be used;
(d) an electric call system comprised of a
				fixed manual, pendant cordless or two way interactive, UL or FM listed system
				which must connect resident rooms to the care staff center or staff pagers. A
				resident room that is designated as double occupancy must be equipped with a
				call system for both occupants. In category D facilities or units, resident
				bedroom call cords or strings in excess of 6 inches shall not be permitted;
				and
(e) for each multiple-bed room,
				either flame-resistant privacy curtains for each bed or movable flame-resistant
				screens to provide privacy upon the request of a resident.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2837 - COMMON USE AREAS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must provide:
(a) a dining room of sufficient
				size to accommodate all the residents comfortably with dining room furnishings
				that are well constructed and tables designed to accommodate the use of
				wheelchairs;
(b) at least one
				centrally located common area in which residents may socialize and participate
				in recreational activities. A common area may include, without limitation, a
				living room, dining room, enclosed porch or solarium. The common area must be
				large enough to accommodate those to be served without overcrowding;
				and
(c) enough total living or
				recreational and dining room area to allow at least 30 square feet per
				resident.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2838 - RESIDENT TOILETS AND BATHING

Current through Register Vol. 13, July 5, 2024
(1) The
				facility shall provide:
(a) at least one
				toilet for every four residents;
(b) one bathing facility for every 12
				residents; and
(c) a toilet and
				sink in each toilet room.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2839 - ENVIRONMENTAL CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The assisted
				living facility shall provide a clean, comfortable and well maintained home
				that is safe for residents and employees at all times.
(2) A minimum of 10 foot candles of light
				must be available in all rooms, with the following exceptions:
(a) all reading lamps must have a capacity to
				provide a minimum of 30 foot candles of light;
(b) all toilet and bathing areas must be
				provided with a minimum of 30 foot candles of light;
(c) general lighting in food preparation
				areas must be a minimum of 30 foot candles of light; and
(d) hallways must be illuminated at all times
				by at least a minimum of five foot candles of light at the floor.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2843 - PERSONAL CARE SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Personal care
				assistance must be provided to each resident in accordance with their
				established agreement and needs. Assistance must include, but is not limited to
				assisting with:
(a) personal grooming such as
				bathing, hand washing, shaving, shampoo and hair care, nail filing or trimming
				and dressing;
(b) oral hygiene or
				denture care;
(c) toileting and
				toilet hygiene;
(d)
				eating;
(e) the use of crutches,
				braces, walkers, wheelchairs or prosthetic devices, including vision and
				hearing aids; and
(f)
				self-medication.