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2005 SESSION

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HB 2537 Assisted living facilities; licensing requirements, increases maximum civil penalty, report.

Introduced by: Samuel A. Nixon, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Assisted living facilities; civil penalties.  Permits the Commissioner to issue an order of summary suspension of a license to operate an assisted living facility and adult day care center (licensee) in cases of immediate and substantial threat to the health, safety, and welfare of residents or participants. The bill also authorizes the Commissioner to deny, revoke, or summarily suspend certain authority of the licensee to operate and may permit the licensee to operate, but may restrict or modify the licensee's authority to provide certain services or perform certain functions that the Commissioner determines should be restricted or modified in order to protect the health, safety, or welfare of the residents or participants. Prior to any summary suspension, the Commissioner shall first appoint a competent person to administer, manage, or operate an assisted living facility and adult day care center.

The bill increases the maximum civil penalties for assisted living facilities from $500 to $10,000 per license period and directs that the civil penalties be paid into the newly created Assisted Living Facility Education, Training, and Technical Assistance Fund to provide education and training for staff of and technical assistance to assisted living facilities. Criteria for imposition of civil penalties and amounts, expressed in ranges, must be based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of residents. The bill requires an assisted living facility to ensure that a thorough mental health screening of persons with mental illness, mental retardation, or other conditions is or has been performed, and that an individualized services plan for such person is created through the local community services board or behavioral health authority, or through other appropriate service providers. The bill requires each assisted living facility to fully disclose prior to admission information about the services, policies, staffing patterns, fees, and ownership structure of the facility, specifically including a description of conditions or occurrences that would require the discharge of the resident from the facility. The State Board of Social Services shall adopt emergency regulations for the implementation of these provisions. Finally, the Department of Social Services shall develop a training module on assisted living facilities and train current and future employees.


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