Montana Administrative Code

37.106.2725 RESIDENTIAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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37.106.2726 PERSONAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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37.106.2727 MEDICATIONS AND OXYGEN (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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37.106.2728 FOOD SERVICE (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306,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37.106.2729 SOCIAL SERVICES (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306,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37.106.2730 RECREATIONAL ACTIVITIES (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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37.106.2731 PETS (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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37.106.2740 PERSONAL CARE FACILITIES: RESIDENCY APPLICATION PROCEDURES (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306,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37.106.2741 RESIDENT RECORDS (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-226 and 50-5-227, MCA History: NEW, 1994 MAR p. 2306,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37.106.2742 RESIDENT RIGHTS (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-227, MCA History: NEW, 1994 MAR p. 2306, Eff. 8/12/94; TRANS, from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…

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…