HEALTH CARE FACILITIES

37.106.2830 THIRD PARTY SERVICES A resident may purchase third party services provided by an individual or entity, licensed if applicable, to provide health care services under arrangements made directly with the resident or resident's legal representative under the provisions of…

37.106.2831 RESIDENT ACTIVITIES A planned, diversified program of resident activities shall be offered daily for residents, including individual or group activities, on or off site, to meet the individual needs and well being of residents. Resident activities should promote and e…

37.106.2835 RESIDENT UNITS A resident of an assisted living facility who uses a wheelchair or walker for mobility, or who is a category B, category C, or category Dresident, must not be required to use a bedroom on a floor other than the first floor of the facility that is entire…

37.106.2836 FURNISHINGS Each resident in an assisted living facility must be provided the following at a minimum by the facility: an individual towel rack; a handicap accessible mirror mounted or secured to allow for convenient use by both wheelchair bound residents and ambulator…

37.106.2837 COMMON USE AREAS The facility must provide: a dining room of sufficient size to accommodate all the residents comfortably with dining room furnishings that are well constructed and tables designed to accommodate the use of wheelchairs; at least one centrally located c…

37.106.2838 RESIDENT TOILETS AND BATHING The facility shall provide: at least one toilet for every four residents; one bathing facility for every 12 residents; and a toilet and sink in each toilet room. All resident rooms with toilets or shower/bathing facilities must have an ope…

37.106.2839 ENVIRONMENTAL CONTROL The assisted living facility shall provide a clean, comfortable and well maintained home that is safe for residents and employees at all times. A minimum of 10 foot candles of light must be available in all rooms, with the following exceptions: a…

37.106.2843 PERSONAL CARE SERVICES Personal care assistance must be provided to each resident in accordance with their established agreement and needs. Assistance must include, but is not limited to assisting with: personal grooming such as bathing, hand washing, shaving, shampoo…

37.106.2846 MEDICATIONS: STORAGE AND DISPOSAL With the exception of resident medication organizers as discussed in ARM 37.106.2848, all medication must be stored in the container dispensed by the pharmacy or in the container in which it was purchased in the case of over-the-count…

37.106.2847 MEDICATIONS: PRACTITIONER ORDERS Medication and treatment orders shall be carried out as prescribed. The resident has the right to consent to or refuse medications and treatments. The practitioner shall be notified if a resident refuses consent to an order. Subsequent…

37.106.2848 MEDICATIONS: ADMINISTRATION AND PREPARATION All category A facility residents must self-administer their medication. Those category B facility residents that are capable of, and who wish to self-administer medications, shall be encouraged by facility staff to do so. A…

37.106.2849 MEDICATIONS: RECORDS AND DOCUMENTATION An accurate medication record for each resident shall be kept of all medications, including over-the-counter medications, for those residents whose self-administration of medication requires monitoring and/or assistance by the fa…

37.106.2853 OXYGEN USE A resident who requires the use of oxygen: shall be permitted to self-administer the oxygen if the resident is capable of: determining their need for oxygen; and administering the oxygen to themselves or with assistance. The direct care staff employed by th…

37.106.2854 USE OF RESTRAINTS, SAFETY DEVICES, ASSISTIVE DEVICES, POSTURAL SUPPORTS, AND SECLUSION ROOMS The facility shall comply with the rules governing the use, in long term care facilities,of restraints, safety devices, assistive devices, postural supports, and seclusion roo…

37.106.2855 INFECTION CONTROL The assisted living facility must establish and maintain infection control policies and procedures sufficient to provide a safe, sanitary, andcomfortableenvironment to help prevent the development and transmission of communicablediseases and infectio…

37.106.2859 PETS Unless the facility disallows it, residents in an assisted living facility may keep household pets, as permitted by local ordinance, subject to the following provisions: pets must be clean and disease-free; the immediate environment of pets must be kept clean; bi…

37.106.2860 FOOD SERVICE The facility must establish and maintain standards relative to food sources, refrigeration, refuse handling, pest control, storage, preparation, procuring, serving and handling food, and dish washing procedures that are sufficient to prevent food spoilage…

37.106.2861 LAUNDRY Laundry service must be provided by the facility, either on the premises or off the facility site. If an assisted living facility processes its laundry on the premises it must: equip the laundry room with a mechanical washer and a dryer vented to the outside, …

37.106.2862 HOUSEKEEPING The following housekeeping rules must be followed: Supplies and equipment must be properly stored and must be on hand in a quantity sufficient to permit frequent cleaning of floors, walls, woodwork, windows and screens; Housekeeping personnel must be trai…

37.106.2865 PHYSICAL PLANT An assisted living facility must be constructed and maintained so as to prevent as much as possible the entrance and harborage of rats, mice, insects, flies and other vermin. The facility and facility grounds shall be kept orderly and free of litter and…

37.106.2866 CONSTRUCTION, BUILDING AND FIRE CODES Any construction of or alteration, addition, modification, or renovation to an assisted living facility must meet the requirements of the building code and fire marshal agencies having jurisdiction and be approved by the officer h…

37.106.2872 REQUIREMENTS FOR CATEGORY B FACILITIES ONLY An assisted living category B endorsement to the license shall be made by the licensing bureau of the department only after: initial department approval of the facility's category B policy and procedures; evidence of the adm…

37.106.2873 ADMINISTRATOR QUALIFICATIONS: CATEGORY B An assisted living category B facility must be administered by a person who, in addition to the requirements found in ARM 37.106.2814, has one or more years experience working in the field of geriatrics or caring for disabled r…

37.106.2874 DIRECT CARE STAFF QUALIFICATIONS: CATEGORY B In addition to the requirements found in ARM 37.106.2816, each nonprofessional staff providing direct care in an assisted living category B facility shall show documentation of in-house training related to the care and serv…

37.106.2875 RESIDENT HEALTH CARE PLAN: CATEGORY B Within 21 days of admission to a category B status, the administrator or designee shall assure that a written resident health care assessment and resident certification is performed on each category B resident. Each initial health…

37.106.2879 INCONTINENCE CARE: CATEGORY B In order to maintain normal bladder and bowel functions, the facility shall provide individualized attention to each resident that meets the following minimum standards: the facility shall provide a resident who is incontinent of bowel or…

37.106.2880 PREVENTION AND CARE OF PRESSURE SORES: CATEGORY B A resident shall receive skin care that meets the following standards: the facility shall practice preventive measures to identify those at risk and maintain a resident's skin integrity; and an area of broken or damage…

37.106.2884 SEVERE COGNITIVE IMPAIRMENT: CATEGORY B (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-225, 50-5-226 and 50-5-227, MCA History: NEW, 2002 MAR p. 3638, Eff. 12/27/02; REP, 2004 MAR p. 1146, Eff. 5/7/04.…

37.106.2885 ADMINISTRATION OF MEDICATIONS: CATEGORY B Written, signed practitioner orders shall be documented in all category B resident facility records by a legally authorized person for all medications and treatments which the facility is responsible to administer. Medication …

37.106.2886 MEDICATIONS: RECORDS AND DOCUMENTATION: CATEGORY B (REPEALED) Authorizing statute(s): 50-5-103, 50-5-226, 50-5-227, MCA Implementing statute(s): 50-5-225, 50-5-226, 50-5-227, MCA History: NEW, 2002 MAR p. 3638, Eff. 12/27/02; REP, 2022 MAR p. 1857, Eff. 9/24/22.

37.106.2891 ADMINISTRATOR QUALIFICATIONS: CATEGORY C An assisted living category C facility must be administered by a person who meets the conditions of ARM 37.106.2814 and has: three or more years experience in working in the field of geriatrics or caring for disabled residents …

37.106.2892 DIRECT CARE STAFF: CATEGORY C In addition to meeting all other requirements for direct care staff stated in this subchapter, assisted living category C facility direct care staff must receive additional documented training in: the facility or unit's philosophy and app…

37.106.2895 HEALTH CARE PLAN: CATEGORY C Within 21 days of admission of a resident to an assisted living category C facility, a resident certification must be conducted, and a written health care plan shall be developed which meets the requirements of ARM 37.106.2875, and which a…

37.106.2896 DISCLOSURES TO RESIDENTS: CATEGORY C Each assisted living category C facility or unit must, prior to admission, inform the resident's legal representative in writing of the following: the overall philosophy and mission of the facility regarding meeting the needs of re…

37.106.2898 REQUIREMENTS FOR SECURED UNITS: CATEGORY C In addition to meeting all other requirements for assisted living facilities stated in this subchapter, if a secured distinct part or locked unit within a category C assisted living facility is designated for the exclusive us…

37.106.2899 CATEGORY D: CONSTRUCTION Category D services must be provided in a secured care unit and meet all requirements in ARM 37.106.316. A category D facility will be either: a stand-alone secured facility; or a separate, secured unit attached to a category A, B, and/or C fa…

37.106.2899A CATEGORY D: ADMINISTRATOR QUALIFICATIONS In addition to requirements in ARM 37.106.2873, an administrator for a category D facility must have a least three years of experience in the field of mental health and mental disorders. Of the 16 hours of annual continued edu…

37.106.2899B CATEGORY D: DISCLOSURE TO CATEGORY D RESIDENTS Each assisted living category D facility or unit must, prior to admission, inform the resident or resident's legal representative in writing of the following: the overall philosophy and mission of the facility regarding …

37.106.2899C CATEGORY D: STAFF A category D facility must have the following staff: a registered nurse (RN) must be on duty or on call and available physically to the facility within one hour; a licensed mental health professional who must be site-based; and direct care staff in …

37.106.2899D CATEGORY D: RESIDENT ASSESSMENTS A category D facility must obtain or conduct three types of resident assessments for each resident: Prior to move in, the facility shall obtain the court determination documentation required in 53-21-199, MCA, as applicable, as well a…

37.106.2899E CATEGORY D: HEALTH CARE PLAN In addition to requirements in ARM 37.106.2875, the health care plan for a category D resident must include: de-escalation techniques individualized to the resident; circumstances when the resident may need to be isolated from other resid…

37.106.2899F CATEGORY D: MEDICATION USE AND PHYSICIAN ORDERS All category D residents must be assessed on their ability and be encouraged to self-administer their own medication.If a resident is unable or unwilling to self-administer his or her medication, a licensed nurse shall …

37.106.2899G CATEGORY D: DISCHARGE A comprehensive discharge plan directly linked to the behaviors and symptoms that resulted in admission and estimated length of stay must be developed upon admission. A resident's diversion order is discontinued when: the resident and facility c…

37.106.2899H CATEGORY D: SECLUSION ROOM REQUIREMENTS A category D facility or unit must have at least one room designated to be used for seclusion for every 24 beds. The location of these rooms must facilitate staff observation and monitoring of residents in these rooms. Seclusio…

37.106.2901 RULE APPLICABILITY The provisions of the rules in this subchapter that govern the use of restraints do not apply to a category A personal care facility as defined in 50-5-227.htm" target="MCA" style="text-decoration:none">50-5-227 (2) (a) , MCA, because such a facilit…

37.106.2902 DEFINITIONS The following definitions, in addition to those contained in 50-5-1202.htm" target="MCA" style="text-decoration:none">50-5-1202 , MCA, apply to this chapter: "Assistive device" means any device whose primary purpose is to maximize the independence and the …

37.106.2904 USE OF RESTRAINTS, SAFETY DEVICES, ASSISTIVE DEVICES, AND POSTURAL SUPPORTS The application or use of a restraint, safety device, or postural support is prohibited except to treat a resident's medical symptoms and may not be imposed for purposes of coercion, retaliati…

37.106.2905 DOCUMENTATION IN RESIDENT'S MEDICAL RECORDS Prior to the use of a restraint or safety device, the following items must be included in the resident's record: a consent form signed by the resident or authorized representative that includes documentation that: the reside…

37.106.2908 STAFF TRAINING Restraints, safety devices or postural supports may only be applied by staff who have received training in their use, as specified below and appropriate to the services provided by the facility. Staff training shall include, at a minimum, information an…

37.106.3001 EATING DISORDER CENTERS (EDC): APPLICATION OF OTHER RULES In addition to these rules, an EDC must comply with licensure rules in ARM Title 37, chapter 106, subchapter 3. To the extent that licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the te…