1. (a) Adult day services shall include the following activities, based on the individual’s needs:

   1. (1) Supervision in a protected environment;

   2. (2) The following services, as described in He-P 818.15:

      1. a. Personal care services;
      2. b. Health and safety services;
      3. c. Nutrition services;
      4. d. Nursing services;
      5. e. Social services; and
      6. f. Recreational activities;
   3. (3) Monitoring of the individual’s condition and counseling, as appropriate, on nutrition, hygiene, or other related matters; and
   4. (4) Referrals, as appropriate, to other services and resources that could assist the individual, including any necessary follow-up.

2. (b) Providers of adult day services shall:

   1. (1) Be licensed and comply with all duties and responsibilities of licensees as required in He-P 818;
   2. (2) Provide the required services described in He-P 818; and
   3. (3) Maintain records as described in He-P 818.

3. (c) In order for an individual to be eligible to receive adult day services, the individual’s licensed practitioner shall:

   1. (1) Complete a physical examination on the individual within 60 calendar days prior to the request for services; and

   2. (2) Refer the individual for adult day services, because the individual:

      1. a. Has been diagnosed as having an illness or disability; and
      2. b. Requires adult day program services.

4. (d) Adult day services funded under Title XX shall not be available to anyone:

   1. (1) Who resides in a nursing facility or other licensed or certified facility;
   2. (2) Who receives adult family care services pursuant to He-E 801.14;
   3. (3) Whose needs cannot be met by adult day services; or
   4. (4) Who is primarily seeking services to support needs related to a diagnosis of mental illness or developmental disability.

Source. #9849-A, eff 1-12-11, EXPIRED: 1-12-19 New. #12720, INTERIM, eff 1-29-19, EXPIRED: 7-29-19 New. #12936, eff 12-7-19 (formerly He-E 501.22)