CCS HCS SCS SB 616 -- ASSISTED LIVING FACILITIES

This bill changes the laws regarding assisted living facilities.
In its main provisions, the bill:

(1)  Changes the terms "residential care facility I" as it
applies to long-term care provided to the elderly and disabled to
"residential care facility" and "residential care facility II" to
"assisted living facility";

(2)  Defines "assisted living facility" as any premises other
than a residential care facility, intermediate care facility, or
skilled nursing facility that provides or coordinates 24-hour
care and protective oversight to three or more residents.  Care
may include the provision of shelter, board, and assistance with
any activities of daily living or supervision of health care
under the direction of a licensed physician;

(3)  Defines "community based assessment," "dementia,"
"activities of daily living," "instrumental activities of daily
living," "appropriately trained and qualified individual," and
"social model of care";

(4)  Allows any residential care facility licensed as a
residential care facility II immediately prior to the effective
date of these provisions and for the purpose of receiving
supplemental welfare assistance payments under Section 208.030,
RSMo, to continue to receive the payment amount allocated for a
residential care facility II;

(5)  Requires an assisted living facility to provide for or
coordinate oversight and services to meet the needs of a resident
as specified in a written contract signed by the resident or
other responsible party;

(6)  Prohibits an assisted living facility from accepting an
individual who is a danger to self or others, requires physical
or chemical restraint, requires more than one person to
simultaneously assist the resident in daily activities, or is
bed-bound;

(7)  Requires an assisted living facility to provide staff in
appropriate numbers and with appropriate skills to provide
24-hour care to residents;

(8)  Requires multilevel facilities or facilities accepting
residents with cognitive or physical impairments to be in
compliance with National Fire Protection Association Code 13 and
the 1997 Life Safety Codes for Existing Health Care Occupancy;

(9)  Requires an assisted living facility to keep a written plan
for the protection of all residents in the event of a disaster;

(10)  Allows an existing residential care facility II to be
licensed as an assisted living facility as long as the facility
continues to meet all laws, rules, and regulations that were in
place the day before the provisions of the bill become effective.
The provision does not exempt a residential care facility II from
the 24-hour staff, written plan protection, screening, and
assessment requirements;

(11)  Requires an assisted living facility to complete at least
semi-annually a resident assessment upon admission and whenever a
significant change has occurred in the resident's condition;

(12)  Requires the use of a personal electronic monitoring device
for any resident of an assisted living facility whose physician
recommends its use;

(13)  Prohibits any facility from naming or advertising itself as
an assisted living facility without obtaining a license from the
Department of Health and Senior Services;

(14)  Requires the department to develop rules to ensure the
compliance of the provisions of the bill; and

(15)  Requires the departments of Social Services and Health and
Senior Services to jointly prepare by January 1, 2008, a report
to the Governor and General Assembly on the differences found in
the evaluation of the requirements for inspectors or surveyors of
facilities and the performance of the inspectors.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:46 am