1. (a) The administrator or operator of each adult day care facility shall ensure the development and implementation of written admission, transfer, and discharge policies that protect the rights of each resident, pursuant to K.A.R. 26-39-102. In addition, the administrator or operator shall ensure that any resident who has one or more of the following conditions is not admitted or retained unless the negotiated service agreement includes services sufficient to meet the needs of the resident while in the facility:

   1. (1) Incontinence, if the resident cannot or will not participate in management of the problem;
   2. (2) immobility, if the resident is totally dependent on another person's assistance to exit the building;
   3. (3) any ongoing condition requiring two or more persons to physically assist the resident; or
   4. (4) any behavioral symptom that exceeds manageability.
2. (b) Each administrator or operator shall ensure that any resident whose clinical condition requires the use of physical restraints is not admitted or retained.

(Authorized by and implementing K.S.A. 39-932; effective May 29, 2009.)