Section R9-10-807. Residency and Residency Agreements

A.      Except as provided in R9-10-808(B)(2), a manager shall ensure that a resident provides evidence  of freedom from infectious tuberculosis:

1.        Before or within seven calendar days after the resident’s date of occupancy, and

2.        As specified in R9-10-113.

B.       A manager shall ensure that before or at the time of acceptance of an individual, the individual submits documentation that is dated within 90 calendar days before the individual is accepted by an assisted living facility and:

1.        If an individual is requesting or is expected to receive supervisory care services, personal care services, or directed care services:

a.         Includes whether the individual requires:

i.         Continuous medical services,

ii.        Continuous or intermittent nursing services, or

iii.      Restraints; and

b.        Is dated and signed by a:

i.         Physician,

ii.        Registered nurse practitioner,

iii.      Registered nurse, or

iv.       Physician assistant; and

2.        If an individual is requesting or is expected to receive behavioral health services, other than behavioral care, in addition to supervisory care services, personal care ser- vices, or directed care services from an assisted living facility:

a.         Includes whether the individual requires continuous behavioral health services, and

b.        Is signed and dated by a behavioral health profes- sional.

C.      A manager shall not accept or retain an individual if:

1.        The individual requires continuous:

a.         Medical services;

b.        Nursing services, unless the assisted living facility complies with A.R.S. § 36-401(C); or

c.         Behavioral health services;

2.        The assisted living services needed by the individual are not within the assisted living facility’s scope of services;

3.        The assisted living facility does not have the ability to provide the assisted living services needed by the individ- ual; or

4.        The individual requires restraints, including the use of bedrails.

D.      Before or at the time of an individual’s acceptance by an assisted living facility, a manager shall ensure that there is a documented residency agreement with the assisted living facil- ity that includes:

1.        The individual’s name;

2.        Terms of occupancy, including:

a.         Date of occupancy or expected date of occupancy,

b.        Resident responsibilities, and

c.         Responsibilities of the assisted living facility;

3.        A list of the services to be provided by the assisted living facility to the resident;

4.        A list of the services available from the assisted living facility at an additional fee or charge;

5.        For an assisted living home, whether the manager or a caregiver is awake during nighttime hours;

6.        The policy for refunding fees, charges, or deposits;

7.        The policy and procedure for a resident to terminate resi- dency, including terminating residency because services were not provided to the resident according to the resi- dent’s service plan;

8.        The policy and procedure for an assisted living facility to terminate residency;

9.        The complaint process; and

10.     The manager’s signature and date signed.

E.       Before or within five working days after a resident’s accep- tance by an assisted living facility, a manager shall obtain on the documented agreement, required in subsection (D), the sig- nature of one of the following individuals:

1.        The resident,

2.        The resident’s representative,

3.        The resident’s legal guardian, or

4.        Another individual who has been designated by the indi- vidual under A.R.S. § 36-3221 to make health care deci- sions on the individual’s behalf.

F.       A manager shall:

1.        Before or at the time of an individual’s acceptance by an assisted living facility, provide to the resident or resi- dent’s representative a copy of:

a.         The residency agreement in subsection (D),

b.        Resident’s rights, and

c.         The policy and procedure on health care directives; and

2.        Maintain the original of the residency agreement in sub- section (D) in the resident’s medical record.

G.      A manager may terminate residency of a resident as follows:

1.        Without notice, if the resident exhibits behavior that is an immediate threat to the health and safety of the resident or other individuals in an assisted living facility;

2.        With a 14 calendar day written notice of termination of residency:

a.         For nonpayment of fees, charges, or deposit; or

b.        Under any of the conditions in subsection (C); or

3.        With a 30 calendar day written notice of termination of residency, for any other reason.

H.      A manager shall ensure that a written notice of termination of residency includes:

1.        The date of notice;

2.        The reason for termination;

3.        The policy for refunding fees, charges, or deposits;

4.        The deposition of a resident’s fees, charges, and deposits; and

5.        Contact information for the State Long-Term Care Ombudsman.

I.        A manager shall provide the following to a resident when the manager provides a written notice of termination of residency:

1.        A copy of the resident’s current service plan, and

2.        Documentation of the resident’s freedom from infectious tuberculosis.

J.        If an assisted living facility issues a written notice of termina- tion of residency to a resident or the resident’s representative because the resident needs services the assisted living facility is either not licensed to provide or is licensed to provide but not able to provide, a manager shall ensure that the written notice of termination of residency includes a description of the

specific services that the resident needs that the assisted living facility is either not licensed to provide or is licensed to pro- vide but not able to provide.

Historical Note

Adopted as an emergency effective October 26, 1988 pur- suant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 27, 1989 pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1).

Emergency expired. Readopted without change as an emergency effective April 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Readopted without change as an emergency effective July 31, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Permanent rules adopted effective October 30, 1989 (Supp. 89-4).

Amended by final rulemaking at 9 A.A.R. 319, effective March 14, 2003 (Supp. 03-1). Section repealed; new Sec- tion made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).