SB 1052 Defines and regulates assisted living facilities in the state
LR Number:4144S.09C Fiscal Note:4144-09
Committee:Aging, Families and Mental Health
Last Action:05/17/02 - S Inf Calendar S Bills for Perfection Journal page:
Title:SCS SB 1052
Effective Date:August 28, 2002
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Current Bill Summary

SCS/SB 1052 - This act defines and regulates assisted living facilities in the state.

A notwithstanding clause is added to change the term "residential care facility" I or II to "assisted living facility" I or II (Section 198.005).

New definitions are added relating to Alzheimer's disease and assisted or independent living (Section 198.006). Section 198.014, RSMo, is repealed. Current law requires licensure of long term care facilities and allows a license to be issued for up to two years. This act reduces that time period to eighteen months (Section 198.015).

A new section allows continuing care retirement community residents to request assistance with medications, which must be stored in the resident's room. The Department may develop rules for the administration of medication. Within the rules, the Department must ensure that assisted living programs promote resident independence. Programs must ensure general supervision of residents. Supportive services may be provided by the facility or the resident may contract with other providers (Section 198.016).

Currently, Section 198.073, RSMo, imposes a pathway to safety law for Alzheimer's patients in assisted living facilities I and II (ALF). This act removes provisions which prohibit ALFs from admitting or retaining individuals who are incapable of negotiating a pathway to safety. New language allows an individual to be a resident of a ALF I or II if the facility:

- Provides for appropriate services; - Employs the appropriate number of 24-hour staff at the appropriate skill level; - Has a written plan for the protection of residents in the event of a disaster; and - Has written verification from the resident or his or her representative and the resident's physician that the facility will meet that resident's needs.

Certain references to pathway to safety are removed. Assisted living facilities may continue to care for individuals with dementia if the facility:

- Adheres to fire codes; - Takes measures that allow the resident to explore the facility; - Counts as three residents each resident with dementia who requires physical assistance of two people; - Assesses every resident with dementia with a community- based services assessment tool - Develops an individualized service plan for the resident with dementia; - Uses a personal electronic monitoring device for such residents; - Complies with training requirements; - Make activity programs available; and - Develop a plan to protect.