6 Colo. Code Regs. § 1011-1 Chapter 07, pt. 6

Current through Register Vol. 47, No. 24, December 25, 2024

Part 6 - ADMINISTRATOR

Criminal History and Adult Protective Services Record Checks

6.1 In order to ensure that the administrator or individual appointed as an interim administrator is of good, moral, and responsible character, the assisted living residence shall request a fingerprint-based criminal history record check with notification of future arrests for each prospective administrator prior to hire, or within 10 days of appointment for an interim administrator.

(A) If an administrator applicant has lived in Colorado for more than three (3) years at the time of application, the assisted living residence shall request from the Colorado Bureau of Investigation (CBI) a state fingerprint-based criminal history record check with notification of future arrests.

(B) If an administrator applicant has lived in Colorado for less than three (3) years at the time of application, the assisted living residence shall:

(1) Request from the CBI a state fingerprint-based criminal history record check with notification of future arrests; and

(2) Obtain a name-based criminal history report for each additional state in which the applicant has lived for the past three (3) years, conducted by the respective states' bureaus of investigation or equivalent state-level law enforcement agency or other name-based report as determined by the Department.

(C) The cost of obtaining such information shall be borne by the individual who is the subject of such check. The information shall be forwarded to the department in accordance with Part 3.3(D) of these rules.

(D) When the results of a fingerprint-based criminal history record check of an administrator applicant reveal a record of arrest without a disposition, the administrator applicant shall submit to a name-based judicial record check.

6.2 In order to ensure that the administrator or individual appointed as an interim administrator is of good, moral, and responsible character, the assisted living residence shall obtain a check of the Colorado adult protective services data system pursuant to Section 26-3.1-111, C.R.S. Based on the results of the check, the assisted living residence shall ensure it follows its policy regarding the hiring or continued service of any administrator or individual appointed as an interim administrator, as required by Part 7.4.

Qualifications

6.3 Each administrator or individual appointed as an interim administrator shall be at least 21 years of age, possess a high school diploma or equivalent, and have at least one year of experience supervising the delivery of personal care services that include activities of daily living. If the administrator or interim administrator does not have the required one year of experience supervising the delivery of personal care services including activities of daily living, they shall document they have one or more of the following:

(A) An active, unrestricted Colorado nursing home administrator license;

(B) An active, unrestricted Colorado registered nurse license plus at least six (6) months of work experience in health care during the previous ten (10)-year period;

(C) An active, unrestricted Colorado licensed practical nurse license plus at least one year of work experience in health care during the previous ten (10)-year period;

(D) A bachelor's degree with emphasis in health care or human services plus at least one year of work experience in health care during the previous ten (10)-year period;

(E) An associate's degree with emphasis in health care or human services plus at least two (2) years of work experience in health care during the previous ten (10)-year period;

(F) Thirty (30) credit hours from an accredited college or university with an emphasis in health care or human services plus three (3) years of work experience in health care during the previous ten (10)-year period;

(G) Five (5) or more years of management or supervisory work in the field of geriatrics, human services, or providing care for the physically and/or cognitively disabled during the previous ten (10)-year period; or

(H) A college degree in any field plus two (2) years of health care experience during the previous ten (10)-year period.

6.4 Each administrator or individual appointed as an interim administrator of an assisted living residence shall ensure that qualified medication administration persons (QMAPs) comply with the medication administration requirements and limitations in 6 CCR 1011-1, Chapter 24, and Sections 25-1.5-301 through 25-1.5-303, C.R.S.

Training

6.5 Each administrator shall have completed 40 hours of administrator training before assuming an administrator position. Individuals appointed as an interim administrator shall have completed 40 hours of administrator training within 30 days of appointment. Written proof regarding the successful completion of such training program shall be maintained in the administrator's personnel file. The 40 hours shall be met by one of the following:

(A) Completing an administrator training program that meets the requirements of Part 6.6, below.

(B) Completing a 30-hour administrator training program on or before December 31, 2018, and documenting an additional 10 hours of training in topics related to the assisted Living administrator's responsibilities, regulatory updates, and/or best practices before June 30, 2024.

6.6 An administrator training program shall meet all of the following requirements:

(A) The program or program components are conducted by an accredited college, university, or vocational school; or an organization, association, corporation, group, or agency with specific expertise in the provision of residential care and services; and

(B) The curriculum includes at least 40 actual hours, 20 of which shall focus on applicable state regulations. The remaining 20 hours shall provide an overview of the following topics:

(1) Business operations including, but not limited to:

(a) Budgeting,

(b) Business plan/service model,

(c) Insurance,

(d) Labor laws,

(e) Marketing, messaging and liability consequences, and

(f) Resident agreement.

(2) Daily business management including, but not limited to,

(a) Coordination with external service providers (i.e., community and support services including case management, referral agencies, mental health resources, ombudsmen, adult protective services, hospice, and home care),

(b) Ethics, and

(c) Grievance and complaint process.

(3) Physical plant

(4) Resident care including, but not limited to:

(a) Admission and discharge criteria,

(b) Behavior expression management,

(c) Care needs assessment,

(d) Fall management,

(e) Nutrition,

(f) Person-centered care,

(g) Personal versus skilled care,

(h) Quality management education,

(i) Resident rights,

(j) Sexuality and aging,

(k) Secure environment, and

(l) Medication Management.

(5) Resident psychosocial needs including, but not limited to,

(a) Cultural competency (ethnicity, race, sexual orientation),

(b) Family involvement and dynamics,

(c) Mental health care (maintaining good mental health and recognizing symptoms of poor mental health),

(d) Palliative care standards, and

(e) Resident engagement.

6.7 Competency testing shall be performed to demonstrate that the individuals trained have a comprehensive, evidence-based understanding of the regulations and topics.

Duties

6.8 The administrator, or individual appointed as an interim administrator, shall be responsible for the overall day-to-day operation of the assisted living residence, including, but not limited to:

(A) Managing the day-to-day delivery of services to ensure residents receive the care that is described in the resident agreement, the comprehensive resident assessment, and the resident care plan;

(B) Organizing and directing the assisted living residence's ongoing functions including physical maintenance;

(C) Ensuring that resident care services conform to the requirements set forth in Part 12 of this chapter;

(D) Employing, training, and supervising qualified personnel;

(E) Providing continuing education for all personnel;

(F) Establishing and maintaining a written organizational chart to ensure there are well-defined lines of responsibility and adequate supervision of all personnel;

(G) Reviewing the marketing materials and information published by an assisted living residence to ensure consistency with the services actually provided by the ALR;

(H) Managing the business and financial aspects of the assisted living residence which includes working with the licensee to ensure there is an adequate budget to provide necessary resident services;

(I) Completing, maintaining, and submitting all reports and records required by the Department;

(J) Complying with all applicable federal, state, and local laws concerning licensure and certification;

(K) Ensuring the assisted living residence's compliance with the involuntary discharge requirements in Section 25-27-104.3 C.R.S., and these rules; and

(L) Appointing and supervising a qualified designee who is capable of satisfactorily fulfilling the administrator's duties when the administrator is unavailable.

(1) The name and contact information for the administrator or qualified designee on duty shall always be readily available to the residents and public.

(2) The administrator or qualified designee shall always, whether on or off site, be readily accessible to staff.

(3) When a qualified designee is acting as administrator in an assisted living residence that is licensed for more than 12 beds, there shall be at least one other staff member on duty whose primary responsibility is the daily care of residents.

6 CCR 1011-1 Chapter 07, pt. 6

46 CR 24, December 25, 2023, effective 11/15/2023, exp. 3/14/2024 (Emergency)

46 CR 24, December 25, 2023, effective 1/14/2024