SB 393
Prescribes requirements for assisted living residences
LR Number:
Last Action:
5/13/2005 - S Informal Calendar S Bills for Perfection w/SCS
Journal Page:
SCS SB 393
Calendar Position:
Effective Date:
August 28, 2005

Current Bill Summary

SCS/SB 393 - This act repeals the terms "residential care facility" I and II and replaces them with the newly created terms "assisted living residence" I and II. Assisted living residences contain services consisting of social models based on the premise that the resident's unit is his or her home. There are new definitions for "activities of daily living" which include eating, dressing, bathing, toileting , transferring, and walking and for "instrumental activities of daily living" which consist of preparing meals, shopping for personal items, medication management, managing money, using the telephone, housework, and transportation ability.

This act prescribes requirements for assisted living residences in order to accept or retain individuals. An individual in a residence must not require hospitalization or skilled nursing. The residence must employ a staff large enough and skilled enough to handle twenty-four hour care. The residence must also have a written plan for the protection of all residents in the event of a disaster. The signatures of an authorized representative of the facility and the resident shall be contained in the individualized service plan. The residence must implement self-care and leisure activity programs.

The residence must complete pre move-in screening and resident assessments for community based services. This assessment will be completed by a trained professional using tools provided by the department and will be conducted upon admission, at least annually, and whenever a significant change has occurred in the resident’s condition. This assessment will be used by the residence to implement an individualized service plan to be reviewed at least annually by the resident or legal representative.

The residence must ensure that it does not accept or retain a resident who has exhibited behaviors which indicate that he or she is a danger to self or others or requires physical or chemical restraint. The resident must not require skilled nursing services or more than one person to physically assist the resident with any activity of daily living, except bathing. The resident must not be bed-bound or similarly immobilized due to a debilitating or chronic condition.

The residence must also develop a plan to protect the rights, privacy, and safety of all residents.

The act repeals the requirement that residential care facilities can only admit persons who are capable mentally and physically of negotiating a normal path to safety under certain conditions. This acts now allows for an assisted living residence to accept an individual with a physical, cognitive, or other impairment that prevents the resident from safely evacuating the residence with minimal assistance so long as the residence has sufficient staff present twenty-four hours a day to assist in evacuations and contains an individualized evacuation plan for such a resident. The residence shall also be equipped with an automatic sprinkler system, an automated fire door system and smoke alarms compliant with national fire codes.

The residence must take measures to allow residents the opportunity to explore the facility and grounds and use personal electronic monitoring device for any resident whose physician recommends the use of the device.