§ 20-10-2106 — Rules

The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation: (1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and (2) (A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care. (B) (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility. (ii) The form shall be limited to one (1) page and shall: (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii); (b) List the date; (c) State the name of the resident or, if applicable, the resident's representative; (d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care; (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form; (f) Be signed by the resident or, if applicable, the resident's representative; and (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

Legislative History

Amended by Act 2019, No. 910,§ 5189, eff. 7/1/2019. Acts 2007, No. 516, § 1; 2009, No. 952, § 2.