§ 131D-2.15. Resident assessments.
§ 131D‑2.15. Residentassessments.
(a) The Departmentshall ensure that facilities conduct and complete an assessment of eachresident within 72 hours of admitting the resident and annually thereafter. Inconducting the assessment, the facility shall use an assessment instrumentapproved by the Secretary upon the advice of the Director of the Division ofAging and Adult Services. The Department shall provide ongoing training forfacility personnel in the use of the approved assessment instrument.
The facility shall use theassessment to develop appropriate and comprehensive service plans and careplans and to determine the level and type of facility staff that is needed tomeet the needs of residents. The assessment shall determine a resident's levelof functioning and shall include, but not be limited to, cognitive status andphysical functioning in activities of daily living. Activities of daily livingare personal functions essential for the health and well‑being of theresident. The assessment shall not serve as the basis for medical care. Theassessment shall indicate if the resident requires referral to the resident'sphysician or other appropriate licensed health care professional or communityresource.
(b) The Department, aspart of its inspection and licensing of adult care homes, shall reviewassessments and related service plans and care plans for a selected number ofresidents. In conducting this review, the Department shall determine:
(1) Whether theappropriate assessment instrument was administered and interpreted correctly;
(2) Whether the facilityis capable of providing the necessary services;
(3) Whether the serviceplan or care plan conforms to the results of an appropriately administered andinterpreted assessment; and
(4) Whether the serviceplans or care plans are being implemented fully and in accordance with anappropriately administered and interpreted assessment.
(c) If the Departmentfinds that the facility is not carrying out its assessment responsibilities inaccordance with this section, the Department shall notify the facility andrequire the facility to implement a corrective action plan. The Departmentshall also notify the resident of the results of its review of the assessment,service plans, and care plans developed for the resident. In addition toadministrative penalties, the Secretary may suspend the admission of any newresidents to the facility. The suspension shall be for the period determined bythe Secretary and shall remain in effect until the Secretary is satisfied thatconditions or circumstances merit removing the suspension. (2009‑462, s. 1(e).)