§ 131D-2.2. Persons not to be cared for in adult care homes and multiunit assisted housing with services; hospice care; obtaining services.
§ 131D‑2.2. Persons notto be cared for in adult care homes and multiunit assisted housing withservices; hospice care; obtaining services.
(a) Adult Care Homes. Except when a physician certifies that appropriate care can be provided on atemporary basis to meet the resident's needs and prevent unnecessaryrelocation, adult care homes shall not care for individuals with any of thefollowing conditions or care needs:
(1) Ventilatordependency;
(2) Individualsrequiring continuous licensed nursing care;
(3) Individuals whosephysician certifies that placement is no longer appropriate;
(4) Individuals whosehealth needs cannot be met in the specific adult care home as determined by theresidence; and
(5) Such other medicaland functional care needs as the Medical Care Commission determines cannot beproperly met in an adult care home.
(b) Multiunit AssistedHousing With Services. Except when a physician certifies that appropriatecare can be provided on a temporary basis to meet the resident's needs and preventunnecessary relocation, multiunit assisted housing with services shall not carefor individuals with any of the following conditions or care needs:
(1) Ventilatordependency;
(2) Dermal ulcers IIIand IV, except those stage III ulcers which are determined by an independentphysician to be healing;
(3) Intravenous therapyor injections directly into the vein, except for intermittent intravenoustherapy managed by a home care or hospice agency licensed in this State;
(4) Airborne infectiousdisease in a communicable state that requires isolation of the individual orrequires special precautions by the caretaker to prevent transmission of thedisease, including diseases such as tuberculosis and excluding infections suchas the common cold;
(5) Psychotropicmedications without appropriate diagnosis and treatment plans;
(6) Nasogastric tubes;
(7) Gastric tubes,except when the individual is capable of independently feeding himself orherself and caring for the tube, or as managed by a home care or hospice agencylicensed in this State;
(8) Individualsrequiring continuous licensed nursing care;
(9) Individuals whosephysician certifies that placement is no longer appropriate;
(10) Unless theindividual's independent physician determines otherwise, individuals whorequire maximum physical assistance as documented by a uniform assessmentinstrument and who meet Medicaid nursing facility level‑of‑carecriteria as defined in the State Plan for Medical Assistance. Maximum physicalassistance means that an individual has a rating of total dependence in four ormore of the seven activities of daily living as documented on a uniformassessment instrument;
(11) Individuals whosehealth needs cannot be met in the specific multiunit assisted housing withservices as determined by the residence; and
(12) Such other medicaland functional care needs as the Medical Care Commission determines cannot beproperly met in multiunit assisted housing with services.
(c) Hospice Care. Atthe request of the resident, hospice care may be provided in an assisted livingresidence under the same requirements for hospice programs as described inArticle 10 of Chapter 131E of the General Statutes.
(d) Obtaining Services. The resident of an assisted living facility has the right to obtain servicesat the resident's own expense from providers other than the housing management.This subsection shall not be construed to relieve the resident of theresident's contractual obligation to pay the housing management for anyservices covered by the contract between the resident and housing management. (2009‑462, s. 1(e).)