(a) Manager shall: - (i) Be a responsible adult at least 21 years of age or a couple, each of whom is at least 21 years of age;
- (ii) Be familiar with and follow these rules;
- (iii) Be responsible for the daily operation of the boarding home and for the safety and well-being of residents. In the manager's absence, there shall be a responsible designee at least 21 years of age (who is not a resident of the facility) to assume the responsibility of the boarding home;
- (iv) Provide orientation to all new employees which shall include resident rights, evacuation and emergency procedures, training in policies and procedures, and competent supervision designed to improve resident care;
- (v) Have a current tuberculin skin testing prior to licensure. The staff shall have tuberculin skin testing prior to employment and annually thereafter;
- (vi) Provide verification of a Department of Family Services central registry check on self and/or manager, and all employees hired at the time or after the filing of these rules. The manager is responsible for initiating and following this process to completion.
- (vii) Not act as, or become, the legal guardian of or have power of attorney for any resident.
(b) Staffing. - (i) There shall be an adequate number of personnel on duty to maintain order, safety, and cleanliness of the premises, to prepare and serve meals, to keep an adequate supply of clean linens, to assist the residents in personal needs, recreational activities, and to meet the operational needs of the home.
- (ii) No person with a reportable communicable, contagious or infectious disease shall be employed.
- (iii) A file for each employee shall be maintained and available to the surveyor containing at least the following information:
- (A) Name, current address and telephone number;
- (B) Social Security Number;
- (G) Documentation of tuberculin testing; and
- (H) Employee training, orientation, and emergency procedure checklist.
(c) Policies and Procedures. - (i) There shall be written policies and procedures available to residents, their families or legal representatives, staff, and the public. The policies and procedures shall include, but not be limited to:
- (B) Admission, transfer, and discharge of residents;
- (C) Medications and administration;
- (D) Departure from and return to facility;
- (E) House rules, to include freedom permitted and limitations necessary to protect the rights of others;
- (H) Notifications in change in resident status;
- (J) Emergency care, disaster plans;
- (N) Reporting of all complaints to the Long Term Care Ombudsman;
- (O) Grievance policy; and
- (P) Quality Assurance Plan.
(d) Admission, Transfer, and Discharge. - (i) The written admission policy shall include restrictions to admission to a boarding home.
- (ii) Residents shall not be accepted, nor retained, if:
- (A) Their condition indicates the need for assisted or skilled nursing care;
- (B) They have reportable communicable diseases or infectious conditions;
- (C) They have physical limitations preventing ambulation. Persons requiring wheelchairs or walkers shall be able to exit the building without staff assistance;
- (D) They require assistance in transferring to and from a wheelchair;
- (E) They have mental defects which interfere with their ability to understand and follow instructions relating to rules of the boarding home;
- (F) They require intravenous therapy;
- (G) They are incapable of self-administration of medications; or
- (H) They are wanderers, or have destructive, aggressive or violent behavior toward self or others.
- (iii) Each resident shall designate a personal physician and dentist to be called in case of an emergency. The boarding home shall make necessary arrangements to secure the services of a licensed physician if the resident's own physician is not available.
- (iv) In the event of illness or injury of a resident, the resident's personal physician and the resident's designated representative shall be called.
(e) Transfer and Discharge. - (i) A resident may not be moved, transferred, discharged or asked to leave without fourteen (14) days written notice to the resident, or the resident's legal representative, guardian or conservator, stating the reasons for the request. Residents shall have the right to object to the request, except where undue delay might jeopardize the health, safety or well-being of the resident or others.
- (ii) The written notice shall include the name, address, and telephone number of the person giving the notice; the date of the notice; the resident's name; the reason for the transfer or discharge; the effective date; the location to which the resident is being transferred or discharged; and the name and telephone number of the State Long Term Care Ombudsman.
(f) Resident Records and Reports. - (i) Resident's records shall be current, organized and maintained in individual folders which shall be available on the premises. Resident records shall be made available to the resident and the Long Term Care Ombudsman, Program Division and the Licensing Division upon request and include the following:
- (A) The resident's history and physical and the current physician's statement or certificate of resident's health and suitable placement. The physicians statement or certificate of resident's health shall be updated annually.
- (B) Individual admission form shall contain, but not necessarily be limited to, the following information:
- (I) Full name of resident and former address;
- (III) If applicable, name, home address, telephone number of interested family member, designated representative, power of attorney, or guardian;
- (IV) Medicare number or other medical insurance; and
- (V) Sex, race, date of birth, social security number, and former occupation.
- (ii) Written records of all accidents, injuries and illnesses, and subsequent treatment occurring after admission.
- (iii) The boarding home shall notify the Program Division within Seventy-Two (72) hours of an unusual death, serious injury or accident, fire or other emergency situations. All such occurrences shall be documented.
- (iv) A written account of all personal possessions and funds deposited with the boarding home.
- (v) A signed copy of the resident's rights.
- (vi) The resident shall be assured of confidential treatment of all information in his/her records, and his/her written consent (or consent of family or guardian) shall be required for the release of information to persons not otherwise authorized to receive it.
- (vii) All resident's records shall be retained for a minimum of six (6) years after the resident has left the home and may be disposed of after that time, unless litigation is pending.
- (viii) All records shall be protected from damage by fire, water and other hazards.