(b) No facility shall accept or retain any resident who requires a skilled nursing or intermediate level of care or who exhibits the conditions listed below:

1. (1) Suffering from such a degree of behavioral or judgmental deficiency or recurrent habituation or addiction to alcohol or other drugs that the resident is a cause of danger to the resident or others;
2. (2) Is in need of a higher level of medical, mental health, or nursing care that can be rendered safely and effectively at the facility by approved community resources, such as a licensed home health agency or other community service agency;
3. (3) In need of a religious, cultural, or dietary regimen that cannot be met by the facility;
4. (4) Suffering from a communicable or other disease of sufficient seriousness requiring inpatient medical treatment or which cannot be treated by use of reasonable means and therefore constitutes a potential danger to other residents and staff;
5. (5) Is not independently mobile, as defined in 20 CAR § 407-101(10), provided that the facility may accept and retain residents needing assistance with transfers or with vacating a building including if the facility has sufficient staff available twenty-four (24) hours a day, seven (7) days a week, to provide assistance to all residents requiring assistance within the time provided by the applicable fire code;
6. (6) Is incapable of self-administration of required medications or treatments, unless administration of medications is provided by a licensed home health agency;
7. (7) Persons with Levines tubes, gastrostomy tubes, intravenous tubes, tracheotomies, unless management of such devices is provided by either the resident or by a licensed home health agency; and
8. (8) Persons with indwelling catheters, unless self-managed or managed by a licensed home health agency.