D.C. Mun. Regs. tit. 22, r. 22-B10114
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B10114 - SHARED RESPONSIBILITY AGREEMENTS (SRAs)10114.1 Shared responsibility agreements (SRAs) may be developed and entered into between an ALR and a prospective or admitted resident (or surrogate), at any time prior to or subsequent to the resident's admittance to the ALR.
10114.2 An ALR shall not enter into a SRA with a prospective or admitted resident (or surrogate) that:
(a) Seeks to directly or indirectly waive the ALR's obligations to the resident, in whole or in part, beyond the scope necessary to accommodate the resident's (or surrogate's) reasonable, requested arrangement or course of action;(b) Relieves the ALR of its obligation ensure that it makes available for a resident's use all prescription and non-prescription medications and dietary supplements required to be provided to that resident according to his or her ISP developed or updated pursuant to § 604(d) of the Act (D.C. Official Code § 44-106.04(d) ), or applicable law;(c) Violates any applicable District or federal criminal law; or(d) Violates or will cause the violation of any provision of the Act or this chapter.10114.3 An SRA shall not have the effect of absolving a party from responsibility for negligent conduct.
10114.4 An ALR may decline to enter into a SRA if satisfaction of the SRA will result in an adverse risk to the health, welfare, or safety of other residents or ALR staff.The ALR shall identify the adverse risks for which it declined to enter the SRA in writing to the resident (or surrogate), and include a copy of that correspondence in the resident's record.
10114.5 Attempts to develop a SRA shall be conducted in good-faith. For purposes of this section, a good-faith attempt to negotiate a SRA shall mean a two-way negotiation between the ALR and the resident (or surrogate), where both parties have equal opportunity to propose and decline terms of the SRA, and suggest reasonable alternatives to accommodate the course of action the resident wishes to pursue.
10114.6 In the event that a good-faith attempt to negotiate a SRA is unsuccessful, the ALR:
(a) Shall document in the resident record the ALR's consultations with the resident (or surrogate) to dissuade the course of action, including but not limited to: (1) The date and time each consultation was held;(2) The content of the consultations;(3) The alternative courses of action proposed by the resident (or surrogate) and ALR, and why the proposed alternatives were not acceptable to the resident (or surrogate) or ALR;(b) Shall notify the resident (or surrogate) that harm to the resident's person or others as a result of the persisted course of action may result in discharge;(c) Shall not obstruct the resident from pursuing the course of action sought after,provided that the course of action does not pose a clear and present risk of harm to the health, welfare, or safety of other residents or staff, or otherwise warrant intervention by the ALR in order to maintain an environment that is safe and compliant with the ALR's obligations under the Act and this chapter. This paragraph shall not be construed to authorize either party to violate the terms of the resident agreement entered into between the ALR and resident pursuant to §§ 602 and 603 of the Act(D.C. Official Code §§ 44-106.02 and 44-106.03) as it pertains to resident conduct, or to prohibit an ALR from enforcing the provisions of its resident agreement in accordance with the Act, this chapter, all applicable law; and(d) Shall monitor the resident as necessary to ascertain whether the resident's chosen course of action places the resident or others in danger, or other conduct for which subsequent action by the ALR is necessary to maintain an environment that is safe and compliant with the ALR's obligations under the Act and this chapter.D.C. Mun. Regs. tit. 22, r. 22-B10114
Final Rulemaking published at 54 DCR 005591 (June 8, 2007); amended by Final Rulemaking published at 67 DCR 3717 (4/3/2020)