§ 23-17.4-2. Definitions.
As used in this chapter:
(1) "Activities of daily living (ADLs)� means bathing, dressing, eating, toileting, mobility
and transfer.
(2) "Administrator� means any person who has responsibility for day to day administration
or operation of an assisted living residence.
(3) "Alzheimer's dementia special care unit or program� means a distinct living environment
within an assisted living residence that has been physically adapted to accommodate
the particular needs and behaviors of those with dementia. The unit provides increased
staffing, therapeutic activities designed specifically for those with dementia and
trains its staff on an ongoing basis on the effective management of the physical and
behavioral problems of those with dementia. The residents of the unit or program have
had a standard medical diagnostic evaluation and have been determined to have a diagnosis
of Alzheimer's dementia or another dementia.
(4) "Assisted living residence� means a publicly or privately operated residence that
provides directly or indirectly by means of contracts or arrangements personal assistance
and may include the delivery of limited health services, as defined under subsection
(12), to meet the resident's changing needs and preferences, lodging, and meals to
six (6) or more adults who are unrelated to the licensee or administrator, excluding
however, any privately operated establishment or facility licensed pursuant to chapter
17 of this title, and those facilities licensed by or under the jurisdiction of the
department of behavioral healthcare, developmental disabilities and hospitals, the
department of children, youth and families, or any other state agency. The department
shall develop levels of licensure for assisted living residences within this definition
as provided in § 23-17.4-6. Assisted living residences include sheltered care homes, and board and care residences
or any other entity by any other name providing the services listed in this subdivision
which meet the definition of assisted living residences.
(5) "Capable of self-preservation� means the physical mobility and judgmental ability
of the individual to take appropriate action in emergency situations. Residents not
capable of self-preservation are limited to facilities that meet more stringent life
safety code requirements as provided under § 23-17.4-6(b)(3).
(6) "Director� means the director of the Rhode Island department of health.
(7) "Licensing agency� means the Rhode Island department of health.
(8) "Qualified licensed assisted living staff members� means a certified nursing assistant
as provided under § 23-17.9-2(a)(3), a licensed practical nurse as provided under § 5-34-3(13) and/or a registered nurse as provided under § 5-34-3(14).
(9) "Personal assistance� means the provision of one or more of the following services,
as required by the resident or as reasonably requested by the resident, on a scheduled
or unscheduled basis, including:
(i) Assisting the resident with personal needs including activities of daily living;
(ii) Assisting the resident with self-administration of medication or administration of
medications by appropriately licensed staff;
(iii) Providing or assisting the resident in arranging for health and supportive services
as may be reasonably required;
(iv) Monitoring the activities of the resident while on the premises of the residence to
ensure his or her health, safety, and well-being; and
(v) Reasonable recreational, social and personal services.
(10) "Resident� means an individual not requiring medical or nursing care as provided in
a healthcare facility but who as a result of choice and/or physical or mental limitation
requires personal assistance, lodging and meals and may require the administration
of medication and/or limited health services. A resident must be capable of self-preservation
in emergency situations, unless the facility meets a more stringent life safety code
as required under § 23-17.4-6(b)(3). Persons needing medical or skilled nursing care, including daily professional observation
and evaluation, as provided in a healthcare facility, and/or persons who are bedbound
or in need of the assistance of more than one person for ambulation, are not appropriate
to reside in assisted living residences. However, an established resident may receive
daily skilled nursing care or therapy from a licensed healthcare provider for a condition
that results from a temporary illness or injury for up to forty-five (45) days subject
to an extension of additional days as approved by the department, or if the resident
is under the care of a Rhode Island licensed hospice agency provided the assisted
living residence assumes responsibility for ensuring that the required care is received.
Furthermore, a new resident may receive daily therapy services and/or limited skilled
nursing care services, as defined through rules and regulations promulgated by the
department of health, from a licensed healthcare provider for a condition that results
from a temporary illness or injury for up to forty-five (45) days subject to an extension
of additional days as approved by the department, or if the resident is under the
care of a licensed hospice agency provided that assisted living residence assumes
responsibility for ensuring that the care is received. For the purposes of this chapter,
"resident� shall also mean the resident's agent as designated in writing or legal
guardian. Notwithstanding the aforementioned, residents who are bed bound or in need
of assistance of more than one staff person for ambulation may reside in a residence
if they are receiving hospice care in accordance with the rules and regulations promulgated
by the department of health. For the purposes of this chapter, "resident� shall also
mean the resident's agent as designated in writing or legal guardian.
(11) "Supervision� means the supervision requirements of qualified licensed assisted living
staff delivering limited health services in accordance with this chapter, as defined
through rules and regulations promulgated by the department of health.
(12) "Limited health services� means health services, as ordered by the resident's physician,
provided by qualified licensed assisted living staff members with supervision as required
in rules and regulations promulgated by the department of health. Nothing in this
definition shall be construed to limit the right of assisted living residents to access
home nursing care or hospice provider services.