acts. A. The State Commissioner of Health shall promulgate rules necessary to implement the provisions of the Continuum of Care and Assisted Living Act. Such rules shall include, but shall not be limited to: 1. A uniform comprehensive resident screening instrument to measure the needs and capabilities of residents in all settings and to determine appropriate placements of residents; 2. Physical plant requirements meeting construction and life safety codes, with provisions accommodating resident privacy and independence in assisted living centers and in assisted living components of continuum of care facilities based on the variable capabilities of residents; 3. Staffing levels responsive to the variable needs of residents, with provisions for sharing of staff between components in a continuum of care facility; 4. Minimum standards for resident care including, but not limited to, standards pertaining to medical care and administration of medications. Standards pertaining to medication administration shall, at a minimum, require the assisted living center or continuum of care facility to: a. provide or arrange qualified staff to administer medications based on the needs of residents, b. follow medication administration orders from a qualified health care provider, c. ensure that medications are reviewed monthly by a Registered Nurse or pharmacist and quarterly by a consultant pharmacist, d. maintain medication administration records and document all medication administration in such records, and e. have medication storage and disposal policies; 5. Standards for measuring quality outcomes for residents; 6. Provisions for individualized services chosen by and designed for each resident; 7. Provisions to prohibit facility staff from disclosing a resident’s financial information to third parties without written consent of the resident or the designated representative of the resident; 8. Procedures for inspections and investigations of licensed entities to ensure compliance with the Continuum of Care and Assisted Living Act and rules promulgated by the Commissioner; 9. Enumeration of resident rights and responsibilities to be observed by each facility and its staff. Such resident rights shall include the freedom of choice regarding any personal attending physicians and all other providers of medical services and supplies, providing that the minimum standards are met by the provider pursuant to the Continuum of Care and Assisted Living Act, without a financial penalty or fee charged by the assisted living center; 10. Provisions for a surety bond or deposit from each applicant in an amount sufficient to guarantee that obligations to residents will be performed, with provisions for reduction or waiver of the surety bond or deposit when the assets of the applicant or its contracts with other persons are sufficient to reasonably ensure the performance of its obligations; 11. Provisions for the development of a consumer guide or similar resource to be posted on the Internet website of the State Department of Health to assist individuals and families in understanding the services provided by assisted living centers and to compare and select a facility; 12. Provisions for posting results of routine inspections and any complaint investigations of each assisted living center on the Internet website of the Department. Such information shall be regularly updated to include the facility’s plan of correction and to indicate when a violation of a licensing regulation was corrected by the facility; and 13. Provisions requiring execution of a plan of care and a resident service contract with the resident or resident’s representative. B. The nursing care service of a continuum of care facility shall be subject to the requirements, procedures and remedies set out in the Nursing Home Care Act, including provisions relating to resident rights. C. The adult day care component of a continuum of care facility shall be subject to requirements and procedures specified under the Adult Day Care Act. Added by Laws 1997, c. 223, § 3, emerg. eff. May 20, 1997. Amended by Laws 2009, c. 53, § 2, eff. Nov. 1, 2009; Laws 2012, c. 199, § 1, eff. Nov. 1, 2012; Laws 2015, c. 31, § 1, eff. Nov. 1, 2015; Laws 2025, c. 357, § 1, eff. Nov. 1, 2025.
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