1. (1) A Level I facility licensee:

   1. (a) shall comply with the requirements in Rule R432-150; and

   2. (b) may include:

      1. (i) a skilled nursing facility that maintains and operates 24-hour skilled nursing services for the care and treatment of chronically ill or convalescent residents whose primary need is skilled nursing care or related services on an extended basis; or
      2. (ii) an intermediate care facility that provides 24-hour care to residents who need licensed nursing supervision and supportive care, but who do not require continuous nursing care.

2. (2) A Level II facility licensee may include:

   1. (a) a health care nursery that provides 24-hour care to children under six years of age who do not require continuous nursing care and additionally provides the following:

      1. (i) 24-hour care;
      2. (ii) medical coverage;
      3. (iii) dietary services; and
      4. (iv) licensed therapies, as required;

   2. (b) an intermediate care facility for individuals with intellectual disabilities that provides 24-hour supervisory care to individuals with intellectual or developmental disabilities, who need supervision in a coordinated and integrated program of health, habilitative, and supportive services, but who do not require continuous nursing care that shall additionally provide the following:

      1. (i) 24-hour care;
      2. (ii) medical coverage;
      3. (iii) dietary services; and
      4. (iv) licensed therapies, as required;
   3. (c) an intermediate care facility may be categorized as a Level IV facility if no resident receives therapy that utilizes chemical or physical restraints that make the resident incapable of self-preservation in an emergency;

   4. (d) a home for the aging that provides group housing, supervision, social support, personal care, therapy and nursing care to elderly individuals who do not need intermediate or skilled nursing care that shall additionally provide the following:

      1. (i) 24-hour care;
      2. (ii) medical coverage;
      3. (iii) dietary services for at least three meals a day; and
      4. (iv) licensed therapies, as required;

   5. (e) a social rehabilitation facility that provides group housing, personal care, social rehabilitation and treatment for alcoholism, drug abuse, or mental health to individuals who do not require intermediate or skilled nursing care that shall additionally provide the following:

      1. (i) 24-hour care;
      2. (ii) medical coverage;
      3. (iii) dietary services for three meals a day; and
      4. (iv) licensed therapies, as required; and
   6. (f) if each resident in the program is certified by a physician or qualified intellectual disabilities professional, as ambulatory and in an alcohol or drug abuse rehabilitation program designed to lead to independent living, then the facility may be categorized as a Level IV facility.

3. (3) A Level III facility may include:

   1. (a) a mental health facility that provides 24-hour care to individuals with mental illness who require medical and psychiatric supervision, including diagnosis and treatment that shall additionally provide at least the following:

      1. (i) 24-hour care;
      2. (ii) medical and psychiatric supervision;
      3. (iii) dietary services; and
      4. (iv) licensed therapies, as required; and

   2. (b) a youth correction center shall provide 24-hour supervision, care, training, treatment and therapy to individuals who by court order may be restricted in their daily activities, and under security control that includes lock-up that shall additionally provide the following:

      1. (i) 24-hour care;
      2. (ii) medical and psychiatric supervision;
      3. (iii) dietary services; and
      4. (iv) licensed therapies, as required.

4. (4)(a) A Level IV facility may include an intermediate care facility for individuals with intellectual disabilities.

   1. (b) Individuals with intellectual disabilities in a Level IV facility shall be ambulatory to qualify for Medicaid or Medicare reimbursement and shall comply with the following;

      1. (i) Mental Health Facility, Subsection R432-200-7(3)(a);
      2. (ii) Home for the Aging, Subsection R432-200-7(2)(d); and
      3. (iii) Social Rehabilitation Facility, Subsection R432-200-7(2)(e).

KEY: health care facilities

Date of Last Change: January 22, 2024

Notice of Continuation: August 13, 2021

Authorizing, and Implemented or Interpreted Law: 26B-2-202