1. (1) The licensee shall have written admission, retention, and transfer policies that are available to the public upon request.

2. (2) Before accepting a resident, the licensee must ensure enough information is obtained about the person's ability to function in the facility through the following:

   1. (a) an interview with the resident and the resident's responsible person; and
   2. (b) the completion of the resident assessment.
3. (3) If the OL determines during inspection or interview that the facility knowingly and willfully admits or keeps a resident who does not meet admission criteria, OL may, for a time period specified, require that resident assessments be conducted by an individual who is independent from the facility.

4. (4) A type I assisted living licensee may accept and keep a resident who:

   1. (a) does not require total assistance from another person with more than three ADLs;
   2. (b) has stable health;
   3. (c) is ambulatory or mobile and can take life-saving action in an emergency without the assistance of another person;
   4. (d) is cognitively impaired or physically disabled, but can evacuate from the facility without the assistance of another person;
   5. (e) requires and received intermittent care of treatment in the facility from a licensed health care professional, either through contract or by the licensee, if permitted in policy; or
   6. (f) requires no assistance, or only limited assistance with ADLs.

5. (5) A type II assisted living facility licensee may accept and keep a resident who:

   1. (a) is cognitively impaired or physically disabled, but can evacuate from the facility with the limited assistance of one person;
   2. (b) is physically disabled, but can direct their own care; or

   3. (c) requires total assistance from another person in more than three ADLs if;

      1. (i) the resident can evacuate the facility with the limited assistance of one person; and
      2. (ii) the staffing level and coordinate supportive health and social services meet the needs of the resident.

6. (6) A type I and type II assisted living licensee may not admit or keep a person who:

   1. (a) has active tuberculosis or other chronic communicable diseases that cannot be treated in the facility or on an outpatient basis, or may be transmitted to other residents or guests through the normal course of activities;

   2. (b) manifests behavior that is:

      1. (i) assaultive;
      2. (ii) poses a danger to self or others;
      3. (iii) sexually or socially inappropriate; or
      4. (iv) suicidal; and
   3. (c) requires inpatient hospital, long-term nursing care or 24-hour continual nursing care that will last longer than 15 calendar days after the day that the nursing care begins.

7. (7) In accordance with Section 26B-2-236, a type I or type II assisted living licensee may not:

   1. (a) deny an individual admission to the facility for the sole reason that the individual or the individual's legal representative requests to install or operate a monitoring device in the individual's room; and
   2. (b) permit any employee, as outlined in the policy, to deactivate, reposition, or otherwise interfere with the operation of a monitoring device in a resident's room.

8. (8)(a) The licensee shall ensure the prospective resident or the prospective resident's responsible person signs a written admission agreement before admission.

   1. (b) The licensee shall maintain the admission agreement on file.

   2. (c) The licensee shall ensure the admission agreement specifies:

      1. (i) a notification that OL has the authority to examine resident records to determine compliance with licensing requirements;
      2. (ii) an outline of each condition that may end the agreement;
      3. (iii) any reason for mandatory placement in a shared resident living unit;

      4. (iv) any refund procedures for:

         1. (A) a thirty-day notice provided by the licensee to the resident for a transfer or discharge;
         2. (B) a transfer or discharge without notice;
         3. (C) an emergency transfer or discharge; and
         4. (D) the death of a resident;
      5. (v) any room and board charge including any charge for any basic and optional service;
      6. (vi) the facility's admission, retention, transfer, discharge, and eviction policies; and
      7. (vii) the provision for a 30-day notice before any change in any established charge.

9. (9)(a) A type I assisted living licensee may accept and retain resident who is admitted to a hospice program if:

   1. (i) the licensee keeps a copy of the physician's diagnosis and orders for care; and

      1. (ii) the licensee makes the hospice services part of the resident's service plan that explains who is responsible to meet the resident's needs.

   2. (b) A type I assisted living licensee may keep a hospice patient resident who cannot exit the facility without assistance if:

      1. (i) a worker or individual is assigned to each specific hospice patient resident and is on-site to assist the resident in emergency evacuation 24 hours a day, seven days a week;
      2. (ii) the assigned worker or individual is physically able to provide emergency evacuation assistance to the particular hospice patient resident;
      3. (iii) the assigned worker or individual is trained to specifically assist in the emergency evacuation of the assigned hospice patient resident; and
      4. (iv) the hospice patient residents who cannot evacuate without assistance does not comprise more than 25% of the facility resident census.

10. (10) A type II assisted living licensee may accept and keep a hospice patient resident under the following conditions:

    1. (a) if the hospice patient resident cannot evacuate the facility without significant assistance, the licensee shall:

       1. (i) develop an emergency plan to evacuate the hospice patient resident in the event of an emergency; and
       2. (ii) integrate the emergency plan into the hospice patient resident's service plan;
    2. (b) the licensee keeps a copy of the physician's diagnosis and orders for care; and
    3. (c) the licensee makes the hospice services part of the hospice patient resident's service plan that explains who is responsible to meet the hospice patient resident's needs.

KEY: health care facilities

Date of Last Change: November 13, 2025

Notice of Continuation: February 7, 2024

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