Chapter 380

Chapter 380

2003 -- H 6473 AS AMENDED

Enacted 07/23/03






     Introduced By: Representatives Menard, Moran, Lima, Giannini, and Winfield

     Date Introduced: May 28, 2003





It is enacted by the General Assembly as follows:


     SECTION 1. Section 23-17.4-2 of the General Laws in Chapter 23-17.4 entitled

"Assisted Living Residence Licensing Act" is hereby amended to read as follows:

     23-17.4-2. Definitions. -- As used in this chapter:

      (1) "Activities of daily living (ADLs)" means bathing, dressing, eating, toileting,

mobility and transfer.

      (2) "Administrator" means any person who has responsibility for day to day

administration or operation of an assisted living residence.

      (3) "Alzheimer's dementia special care unit or program" means a distinct living

environment within an assisted living residence that has been physically adapted to accommodate

the particular needs and behaviors of those with dementia. The unit provides increased staffing,

therapeutic activities designed specifically for those with dementia and trains its staff on an

ongoing basis on the effective management of the physical and behavioral problems of those with

dementia. The residents of the unit or program have had a standard medical diagnostic evaluation

and have been determined to have a diagnosis of Alzheimer's dementia or another dementia.

      (4) "Assisted living residence" means a publicly or privately operated residence that

provides directly or indirectly by means of contracts or arrangements personal assistance to meet

the resident's changing needs and preferences, lodging, and meals to two (2) or more adults who

are unrelated to the licensee or administrator, excluding however, any privately operated

establishment or facility licensed pursuant to chapter 17 of this title, and those facilities licensed

by or under the jurisdiction of the department of mental health, retardation, and hospitals, the

department of children, youth, and families, or any other state agency. "Assisted living residence"

also excludes any privately operated establishment and/or facility which provides housing and

assistance for persons with Human Immunodeficiency Virus (HIV) and/or Acquired Immune

Deficiency Syndrome (AIDS), and which has, prior to September 1, 1994, been determined by

the director and/or the director's designee to not be a residential living and/or assisted living

facility or residence. The department shall develop levels of licensure for assisted living

residences within this definition as provided in section 23-17.4-6. Assisted living residences

include sheltered care homes, and board and care residences or any other entity by any other

name providing the services listed in this subdivision which meet the definition of assisted living


      (5) "Capable of self-preservation" means the physical mobility and judgmental ability of

the individual to take appropriate action in emergency situations. Residents not capable of self-

preservation are limited to facilities that meet more stringent life safety code requirements as

provided under section 23-17.4-6(b)(3).

      (6) "Director" means the director of the Rhode Island department of health.

      (7) "Licensing agency" means the Rhode Island department of health.

      (8) "Personal assistance" means the provision of one or more of the following services,

as required by the resident or as reasonably requested by the resident, on a scheduled or

unscheduled basis, including:

      (i) Assisting the resident with personal needs including activities of daily living;

      (ii) Assisting the resident with self-administration of medication or administration of

medications by appropriately licensed staff;

      (iii) Providing or assisting the resident in arranging for health and supportive services as

may be reasonably required;

      (iv) Monitoring the activities of the resident while on the premises of the residence to

ensure his or her health, safety, and well-being; and

      (v) Reasonable recreational, social and personal services.

      (9) "Resident" means an individual not requiring medical or nursing care as provided in

a health care facility but who as a result of choice and/or physical or mental limitation requires

personal assistance, lodging and meals and may require the administration of medication. A

resident must be capable of self-preservation in emergency situations, unless the facility meets a

more stringent life safety code as required under section 23-17.4-6(b)(3). Persons needing

medical or skilled nursing care, including daily professional observation and evaluation, as

provided in a health care facility, and/or persons who are bedbound or in need of the assistance of

more than one person for ambulation, are not appropriate to reside in assisted living residences.

However, an established resident may receive daily skilled nursing care or therapy from a

licensed health care provider for a condition that results from a temporary illness or injury for up

to twenty-one (21) days subject to an extension of additional days as approved by the department,

or if the resident is under the care of a licensed hospice agency provided the assisted living

residence assumes responsibility for ensuring that the care is received. For purposes of this

statute, "resident" shall also mean the resident's agent as designated in writing or legal guardian.

     SECTION 2. This act shall take effect upon passage and the amendments contained in

section 1 of this act shall be repealed on March 31, 2004.