1. (1)(a) An assisted living facility licensee may offer adult day care services and are not required to obtain a separate license from OL.

   1. (b) If the licensee provides adult day care services, the licensee shall submit policies and procedures for OL approval.
2. (2) The licensee shall ensure that a qualified director is designated by the governing board to be responsible for the day-to-day program operation.

3. (3)(a) The licensee shall ensure that the director has written records on-site for each resident and staff person that include demographic information and an emergency contact, including a name, address, and telephone number.

   1. (b) The licensee shall ensure resident health records, include a:

      1. (i) current health assessment signed by a licensed practitioner;
      2. (ii) level of care assessment;
      3. (iii) record of medication, including dosage and administration; and
      4. (iv) signed resident agreement and service plan.

   2. (c) The licensee shall ensure the employment file for each staff person includes a:

      1. (i) background check consent and release form;
      2. (ii) description of health history;
      3. (iii) verification of orientation completion; and
      4. (iv) verification of training requirements.

4. (4) The licensee shall ensure there is a written eligibility, admission, and discharge policy to include the:

   1. (a) intake process;
   2. (b) notification of responsible person;
   3. (c) reasons for admission refusal that includes a written, signed statement;
   4. (d) reasons for discharge or dismissal; and
   5. (e) resident rights notification.
5. (5) The licensee shall ensure a written assessment is completed before a resident is admitted to evaluate the resident's current health and medical history, immunization status, legal status, and any social and psychological factors.

6. (6) The licensee shall ensure that the director or designee, resident, and resident's responsible person develop, complete, and sign a written resident agreement that includes the:

   1. (a) arrangements regarding:

      1. (i) absenteeism;
      2. (ii) gifts;
      3. (iii) mail;
      4. (iv) telephone calls;
      5. (v) vacations; and
      6. (vi) visitation.
   2. (b) rules of the program; and
   3. (c) services to be provided and cost of each service, including refund policy.

7. (7)(a) The director, or designee, shall develop, implement, and review the individual resident service plan.

   1. (b) The licensee shall ensure the resident service plan:

      1. (i) includes the specification of daily activities and services;
      2. (ii) is developed within three working days of admission; and
      3. (iii) is evaluated semi-annually.
8. (8) The licensee shall ensure that the director and responsible person reviews each injury report and ensures that each report is kept on file.
9. (9) The licensee shall ensure a daily activity schedule is provided, posted, and implemented as designed.
10. (10) The licensee shall ensure each resident is always directly supervised and encouraged to participate in activities.

11. (11)(a) The licensee shall ensure a minimum of 50 square feet of indoor floor space is provided per resident designated for adult day care during program operational hours.

    1. (b) The licensee may not include any hallway, office, storage, kitchen, or bathroom in the 50 square foot floor space calculation.
    2. (c) The licensee shall ensure indoor and outdoor areas are maintained in a clean, secure, and safe condition.
    3. (d) The licensee shall ensure at least one bathroom designated for resident use is provided during business hours.
    4. (e) The licensee serving more than ten residents shall ensure there are separate male and female bathrooms designated for resident use.

12. (12) The licensee shall ensure;

    1. (a) a ratio of one staff for every six residents is maintained when one-half or more of the residents are diagnosed by a physician's assessment with Alzheimer's, or related dementia;
    2. (b) a staff to resident ratio of one staff for every eight residents is maintained; and
    3. (c) continual staff supervision is provided when a resident is present.

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