§ 131E-114. Special care units; disclosure of information required.
§ 131E‑114. Special care units; disclosure of information required.
(a) A nursing home or combination home licensed under this Partthat provides special care for persons with Alzheimer's disease or otherdementias in a special care unit shall make the following disclosurespertaining to the special care provided that distinguishes the special careunit as being especially designed for residents with Alzheimer's disease orother dementias. The disclosure shall be made annually, in writing, to all ofthe following:
(1) The Department, as part of its licensing procedures.
(2) Each person seeking placement within a special care unit, orthe person's authorized representative, prior to entering into an agreementwith the person to provide special care.
(b) Information that must be disclosed in writing shall include,but is not limited to, all of the following:
(1) A statement of the overall philosophy and mission of thelicensed facility and how it reflects the special needs of residents withdementia.
(2) The process and criteria for placement, transfer, ordischarge to or from the special care unit.
(3) The process used for assessment and establishment of theplan of care and its implementation, as required under State and federal law.
(4) Typical staffing patterns and how the patterns reflect theresident's need for increased care and supervision.
(5) Dementia‑specific staff training.
(6) Physical environment features designed specifically for thespecial care unit.
(7) Alzheimer's disease and other dementia‑specificprogramming.
(8) Opportunities for family involvement.
(9) Additional costs or fees to the resident for special care.
(c) As part of its license renewal procedures and inspections,the Department shall examine for accuracy the written disclosures made by eachlicensed facility subject to this section.
(d) Nothing in this section shall be construed as prohibiting anursing home or combination home that does not offer a special care unit fromadmitting a person with Alzheimer's disease or other dementias. The disclosuresrequired by this section apply only to a nursing home or combination home thatadvertises, markets, or otherwise promotes itself as providing a special careunit for persons with Alzheimer's disease or other dementias.
(e) As used in this section, the term "special careunit" means a wing or hallway within a nursing home, or a program providedby a nursing home, that is designated especially for residents with Alzheimer'sdisease or other dementias, or other special needs disease or condition, asdetermined by the Medical Care Commission, which may include mentaldisabilities. (2000‑154, s.6.)