Current through Register Vol. 43, No. 49, December 5, 2024
Section 28-39-242 - Admission, transfer and discharge(a) Each assisted living or residential health care facility shall develop and implement written admission, transfer and discharge policies which protect the rights of residents as required by K.A.R. 28-39-148. In addition, the facility shall not admit or retain residents who have one or more of the following conditions unless the negotiated service agreement includes hospice or family support services which are available 24 hours a day or similar resources: (1) Incontinence, where the resident cannot or will not participate in management of the problem; (2) immobility, where the resident requires total assistance in exiting the building; (3) any ongoing condition requiring a two-person transfer; (4) any ongoing skilled nursing intervention needed 24 hours a day for an extended period of time; or (5) any behavioral symptom that exceeds manageability. (b) The facility shall not admit or retain residents whose clinical condition requires the use of physical restraints. (c) The facility shall not charge a rental fee beyond the date dated in a 30-day written notice of discharge provided by a resident or resident's legal representative or by the facility as required by K.A.R. 28-39-148 (d). Kan. Admin. Regs. § 28-39-242
Authorized by and implementing K.S.A. 39-932; effective Feb. 21, 1997.