Kan. Admin. Regs. § 28-39-244

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-39-244 - Negotiated service agreement

(a) The assisted living or residential health care facility shall develop, in collaboration with the resident, the resident's legal representative, family, if agreed to by the resident, or case manager, a written negotiated service agreement based on service needs or preferences of the resident. The negotiated service agreement shall:

(1) Describe the services to be provided;

(2) identify the provider of the service or services; and

(3) identify the party or parties responsible for payment when services are provided by an outside resource.

(b) The negotiated service agreement shall support the dignity, privacy, choice, individuality, and autonomy of the resident.

(c) A licensed nurse employed by the facility, a home health agency or by the resident shall participate in the development of the negotiated service agreement when the resident's functional capacity screen indicates the need for health care services.

(d) An initial negotiated service agreement shall be developed at admission.

(e) The negotiated service agreement shall be reviewed at least annually, revised if necessary, and revised more frequently if requested by the resident, the resident's legal representative, the family, if agreed to by the resident, the case manager or the facility. A licensed nurse shall be involved in revisions related to health care services.

(f) When the resident or the resident's legal representative refuses a service which the administrator or operator, the licensed nurse, the resident's physician or the case manager believes is necessary for the resident's health and safety, the negotiated service agreement shall include the following:

(1) The service or services refused;

(2) identification of potential negative resident outcomes if the service or services are not provided; and

(3) acceptance by the resident or the resident's legal representative of the potential risk.

(g) The negotiated service agreement shall not include situations in which the lack of a service has the potential to affect the health and safety of other residents, facility staff or the public.

(h) Each individual involved in the development of the negotiated service agreement shall sign the agreement. A copy of the initial agreement and subsequent revisions shall be provided to the resident or the resident's legal representative.

(i) The facility shall ensure that each resident receives services according to the provisions of the negotiated service agreement.

(j) When the resident's negotiated service agreement includes the use of outside resources, the facility shall:

(1) Provide the resident, the resident's legal representative, the family, if agreed to by the resident, and the case manager a list of service providers available to provide the needed service;

(2) assist the resident, when requested, in contacting outside resources for services; and

(3) monitor the services provided by the outside resource and act as an advocate for the resident when services do not meet professional standards of practice.

Kan. Admin. Regs. § 28-39-244

Authorized by and implementing K.S.A. 39-932; effective Feb. 21, 1997.