HEALTH CARE FACILITIES

37.106.2603 POLICIES AND PROCEDURES The center shall have a written policies and procedures manual that must: be available to and followed by all personnel; be available to clients upon request; include the following: a description of all services provided to clients; policies an…

37.106.2606 CONSTRUCTION Any construction of or alteration, addition, or renovation to an adult day care center must meet all applicable local building and fire codes and be approved by the officer having jurisdiction to determine if the building codes are met by the facility and…

37.106.2607 ENVIRONMENTAL CONTROL An adult day care center must be constructed and maintained so as to prevent as much as is practically possible the entrance and harborage of rats, mice, insects, flies, or other vermin. Hand cleansing soap or detergent and individual towels must…

37.106.2608 DISASTER AND FIRE PLAN (REPEALED) (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, MCA History: NEW, 1994 MAR p. 1838, Eff. 7/8/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2025 MAR, 37-1099, Eff. 1/11/25.

37.106.2609 INFECTION CONTROL The adult day care center must establish and maintain infection control policies and procedures sufficient to provide a safe environment and to prevent the transmission of disease. Such policies and procedures must include, at a minimum, the followin…

37.106.2610 MAINTENANCE AND HOUSEKEEPING Each adult day care center shall have a written maintenance program describing the procedures that must be utilized by maintenance personnel to keep the building and equipment in repair and free from hazards. All electrical, mechanical, pl…

37.106.2615 LAUNDRY If an adult day care center that is not located on the premises of another licensed health care facility elects to process its laundry on the center site, it must: set aside and utilize an area solely for laundry purposes; equip the laundry room with a mechani…

37.106.2616 FOOD SERVICE An adult day care center must provide: at least one meal a day to clients who stay at the center up to 10 hours; two meals per day to clients who stay at the center over 10 hours; three meals per 16-hour period. Snacks must be offered between meals. The c…

37.106.2620 CLIENT AND PERSONNEL RECORDS An adult day care center shall prepare a record for each client composed of at least the following information: name; address; sex; social security number; date of birth; marital status; insurance or financial responsibility information; r…

37.106.2621 MEDICATIONS If a client is required to take medication while at the center, the client must be capable of taking his/her own medications, with the following assistance from staff: reminding the client to take the medication at the proper time; removing medication cont…

37.106.2701 APPLICATION OF RULES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2702 APPLICATION OF OTHER RULES (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-227, MCA Implementing statute(s): Sec. 50-5-103, 50-5-227, MCA History: NEW, 1995 MAR p. 852, Eff. 5/12/95; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2703 DEFINITIONS (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2708 ADMINISTRATION (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2709 WRITTEN POLICIES AND PROCEDURES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2710 STAFFING (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2711 FEES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; AMD, 1994 MAR p. 3193, Eff. 12/23/94; AMD, 1997 MAR p. 1203, Eff. 7/8/97; TRANS, from DHES, 2002 MAR p. 18…

37.106.2715 CONSTRUCTION (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.…

37.106.2716 PHYSICAL PLANT (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.…

37.106.2717 ENVIRONMENTAL CONTROL (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/…

37.106.2718 INFECTION CONTROL (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2719 LAUNDRY (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2725 RESIDENTIAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2726 PERSONAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2727 MEDICATIONS AND OXYGEN (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2728 FOOD SERVICE (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.…

37.106.2729 SOCIAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.…

37.106.2730 RECREATIONAL ACTIVITIES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2731 PETS (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2740 PERSONAL CARE FACILITIES: RESIDENCY APPLICATION PROCEDURES (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; AMD, 2000 MAR p. 1653, Eff. 6…

37.106.2741 RESIDENT RECORDS (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02…

37.106.2742 RESIDENT RIGHTS (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002 MAR p. 3638, Eff. 12/27/02.

37.106.2750 REQUIREMENTS FOR CATEGORY B FACILITIES ONLY (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from DHES, 2002 MAR p. 185; REP, 2002…

37.106.2801 SCOPE The rules in this chapter pertain to facilities which provide personal care services. These rules constitute the basis for the licensure of assisted living facilities by the Montana department of public health and human services. Authorizing statute(s): Sec. 50-…

37.106.2802 PURPOSE The purpose of these rules is to establish standards for assisted living A, B, C, and Dfacilities. Assisted living facilities are a setting for frail, elderly, or disabled persons which provide supportive health and service coordination to maintain the residen…

37.106.2803 APPLICATION OF RULES Category A facilities must meet the requirements of ARM 37.106.2801 through 37.106.2866. Category B facilities must meet the requirements of ARM 37.106.2801 through 37.106.2885. Category C facilities must meet the requirements of ARM 37.106.2801 t…

37.106.2804 APPLICATION OF OTHER RULES To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of ARM Title 37, chapter 106, subchapter 28, the terms of subchapter 28 will apply to assisted living facilities. Authorizing statute…

37.106.2805 DEFINITIONS The following definitions apply in this subchapter: "Activities of daily living (ADLs) " means tasks usually performed in the course of a normal day in a resident's life that include eating, walking, mobility, dressing, grooming, bathing, toileting, and tr…

37.106.2809 LICENSE APPLICATION PROCESS Application for a license accompanied by the required fee shall be made to the Department of Public Health and Human Services, Office of Inspector General, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953 upon f…

37.106.2810 LICENSE RESTRICTIONS A license is not subject to sale, assignment, or other transfer, voluntary or involuntary. A license is valid only for the premises for which the original license was issued. The license remains the property of the department and shall be returned…

37.106.2814 ADMINISTRATOR Each assisted living facility shall employ an administrator. The administrator is responsible for operation of the assisted living facility at all times and shall ensure 24-hour supervision of the residents. The administrator must meet the following mini…

37.106.2815 WRITTEN POLICIES AND PROCEDURES A policies and procedures manual for the organization and operation of the assisted living facility shall be developed, implemented, kept current, reviewed every other year and as necessary to assure the continuity of care and day to da…

37.106.2816 ASSISTED LIVING FACILITY STAFFING The administrator shall develop minimum qualifications for the hiring of direct care staff and support staff. The administrator shall develop policies and procedures for conducting criminal background checks, hiring, and assessing sta…

37.106.2817 EMPLOYEE FILES The facility is responsible for maintaining a file on each employee and substitute personnel. The following documentation from employee files must be made available to the department at all reasonable times, but shall be made available to the department…

37.106.2821 RESIDENT APPLICATION AND NEEDS ASSESSMENT PROCEDURE All facilities must develop a written application procedure for admission to the facility which includes the prospective resident's name and address, sex, date of birth, marital status, and religious affiliation (if …

37.106.2822 RESIDENT SERVICE PLAN: CATEGORY A Based on the initial resident's needs assessment, an initial service plan shall be developed for all category A residents within 24 hours of admission. The initial service plan shall be reviewed or modified within 60 days of admission…

37.106.2823 RESIDENT AGREEMENT An assisted living facility shall enter into a written resident agreement with each prospective resident prior to admission to the assisted living facility. The agreement shall be signed and dated by a facility representative and the prospective res…

37.106.2824 INVOLUNTARY DISCHARGE CRITERIA Residents shall be given a written 30 day notice when they are requested to move out. The administrator or designee shall initiate transfer of a resident through the resident's physician or practitioner, appropriate agencies,and theresid…

37.106.2828 RESIDENT RIGHTS The facility shall comply with the Montana Long-Term Care Residents' Bill of Rights, found at 50-5-1101 , et seq., MCA. This includes the posting of the facility's statement of resident rights in a conspicuous place. Prior to or upon admission of a res…

37.106.2829 RESIDENT FILE At the time of admission, a separate file must be established for each category A, category B, category C, orcategory Dresident. This file must be maintained on site in a safe and secure manner and must preserve the resident's confidentiality. The file s…