§ 19a-564 — Assisted living services agencies. Licensure. Dementia special care approval. Regulations.

(a) The Commissioner of Public Health shall license assisted living services agencies, as defined in section 19a-490. A managed residential community wishing to provide assisted living services shall become licensed as an assisted living services agency or shall arrange for assisted living services to be provided by another entity that is licensed as an assisted living services agency. (b) A managed residential care community that intends to arrange for assisted living services shall only do so with a currently licensed assisted living services agency. Such managed residential community shall submit an application to arrange for the assisted living services to the Department of Public Health in a form and manner prescribed by the commissioner. (c) An elderly housing complex receiving assistance and funding through the United States Department of Housing and Urban Development's Assisted Living Conversion Program that intends to arrange for assisted living services may do so with a currently licensed assisted living services agency. Such elderly housing complex shall inform the Department of Public Health of the arrangement upon request in a form and manner prescribed by the commissioner and shall not be required to register with the department as a managed residential community. (d) An assisted living services agency providing services as a dementia special care unit or program, as defined in section 19a-562 , shall obtain approval for such unit or program from the Department of Public Health. Such assisted living services agencies shall ensure that they have adequate staff to meet the needs of the residents. Each assisted living services agency that provides services as a dementia special care unit or program, as defined in section 19a-562 , shall submit to the Department of Public Health a list of dementia special care units or locations and their staffing plans for any such units and locations when completing an initial or a renewal licensure application, or upon request from the department. (e) An assisted living services agency shall: (1) Ensure that all services being provided on an individual basis to clients are fully understood and agreed upon between either the client or the client's representative; (2) ensure that the client or the client's representative are made aware of the cost of any such services; (3) disclose fee increases to a resident or a resident's representative not later than sixty days prior to such fees taking effect; and (4) provide, upon request, to a resident and a resident's representative the history of fee increases over the past three calendar years. Nothing in this subsection shall be construed to limit an assisted living services agency from immediately adjusting fees to the extent such adjustments are directly related to a change in the level of care or services necessary to meet individual resident safety needs at the time of a scheduled resident care meeting or if a resident's change of condition requires a change in services. (f) The Department of Public Health may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. (g) An assisted living services agency may provide services that include, but need not be limited to, nursing services and assistance with activities of daily living to an individual who is no longer chronic and stable if (1) such individual is under the care of a licensed home health care agency or licensed hospice agency, or (2) such assisted living services agency is arranging, in conjunction with a managed residential community in accordance with subdivision (3) of subsection (a) of section 19a-694 , for the provision of ancillary medical services on behalf of such individual, including physician and dental services, pharmacy services, restorative physical therapies, podiatry services, hospice care and home health agency services.

Legislative History

(P.A. 21-121, S. 56; P.A. 22-58, S. 54; P.A. 23-31, S. 2; P.A. 24-141, S. 9.) History: P.A. 21-121 effective July 1, 2021; P.A. 22-58 added new Subsec. (c) re elderly housing complexes intending to arrange for assisted living services and redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), effective July 1, 2022; P.A. 23-31 added Subsec. (g) re provision of assisted living services to individuals who are no longer chronic and stable, effective June 7, 2023; P.A. 24-141 amended Subsec. (e) by adding Subdiv. (3) re fee increase disclosure, adding Subdiv. (4) re history of fee increases for prior 3 calendar years, adding provision re immediate fee adjustments related to changes in level of care and making technical and conforming changes.