1. (1) A person or entity who offers or provides care to two or more unrelated individuals in a residential facility shall become licensed as an assisted living facility if:

   1. (a) the individuals stay in the facility for more than 24 hours; and
   2. (b) the person or entity provides or arranges for assistance with one or more ADLs for the individuals.
2. (2) The person or entity shall ensure an assisted living facility is licensed as a type I assisted living facility if each resident can exit the facility without the assistance of another person.
3. (3) A person or entity shall ensure an assisted living facility is licensed as a type II assisted living facility if each resident can exit the facility only with the limited assistance of one person.
4. (4) A type I assisted living facility licensee shall provide social care to each resident.
5. (5) A type II assisted living facility licensee shall provide care in a home-like setting that provides an array of coordinated supportive personal and health care services that are available 24 hours a day to each resident who needs any of these services.

6. (6)(a) Type I and II assisted living facility licensees shall provide each resident with a choice of an individual resident living unit or shared resident living unit unless the resident and responsible person have been informed through the signed admission agreement regarding the facility policy regarding mandatory placement in a shared unit.

   1. (b) The licensee shall ensure each resident living unit provides accommodation for each resident to conduct or receive assistance with ADLs privately and in a way that preserves their dignity.
   2. (c) The licensee shall ensure each resident in a shared resident living unit has access to a bathroom and additional living space as defined in Rule R432-6.

7. (7) A resident may continue to remain in an assisted living facility if:

   1. (a) the facility construction meets the resident's needs;
   2. (b) the resident's physical and mental needs are appropriate to the assisted living criteria; and
   3. (c) the licensee provides enough staff to meet the resident's needs.

8. (8) The licensee shall ensure each assisted living facility is licensed as one of the following:

   1. (a) a large assisted living facility housing 17 or more residents;
   2. (b) a small assisted living facility housing six to 16 residents; or
   3. (c) a limited capacity assisted living facility housing two to five residents.

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