198.086. Demonstration project, Alzheimer's licensure category--department duties--accommodations for family members.
Demonstration project, Alzheimer's licensure category--departmentduties--accommodations for family members.
198.086. 1. The department of health and senior services shalldevelop and implement a demonstration project designed to establish alicensure category for health care facilities that wish to providetreatment to persons with Alzheimer's disease or Alzheimer's-relateddementia. The division shall also:
(1) Inform potential providers of the demonstration project and seekletters of intent;
(2) Review letters of intent and select provider organizations toparticipate in the demonstration project. Ten such organizations maydevelop such projects using an existing license and additionalorganizations shall be newly licensed facilities with no more than thirtybeds per project. One demonstration project shall be at a stand-alonefacility of no more than one hundred twenty beds designed and operatedexclusively for the care of residents with Alzheimer's disease or dementiawithin a county of the first classification with a charter form ofgovernment with a population over nine hundred thousand. A total of notmore than three hundred beds may be newly licensed through thedemonstration projects. All projects shall maintain their pilot statusuntil a complete evaluation is completed by the division of aging, inconjunction with a qualified Missouri school or university, and a writtendetermination is made from such evaluation that the pilot project issuccessful;
(3) Monitor the participants' compliance with the criteriaestablished in this section;
(4) Recommend legislation regarding the licensure ofdementia-specific residential care based on the results of thedemonstration project; and
(5) Submit a report regarding the division's activities andrecommendations for administrative or legislative action on or beforeNovember fifteenth of each year to the governor, the president pro tem ofthe senate and the speaker of the house of representatives.
2. The director of the division shall:
(1) Develop a reimbursement methodology to reasonably and adequatelycompensate the pilot projects for the costs of operation of the project,and require the filing of annual cost reports by each participatingfacility which shall include, but not be limited to, the cost equivalent ofunpaid volunteer or donated labor;
(2) Process the license applications of project participants;
(3) Monitor each participant to assure its compliance with therequirements and that the life, health and safety of residents are assured;
(4) Require each participating facility to complete a minimum dataset form for each resident occupying a pilot bed;
(5) Require the division of aging to assign a single team of the samesurveyors to inspect and survey all participating facilities at least twicea year for the entire period of the project; and
(6) Submit to the president pro tem of the senate and speaker of thehouse of representatives copies of any statements of deficiencies, plans ofcorrection and complaint investigation reports applying to projectparticipants.
3. Project participants shall:
(1) Be licensed by the division;
(2) Provide care only to persons who have been diagnosed withAlzheimer's disease or Alzheimer's-related dementia;
(3) Have buildings and furnishings that are designed to provide forthe resident's safety. Facilities shall have indoor and outdoor activityareas, and electronically controlled exits from the buildings and groundsto allow residents the ability to explore while preventing them fromexiting the facility's grounds unattended;
(4) Be staffed twenty-four hours a day by the appropriate number andtype of personnel necessary for the proper care of residents and upkeep ofthe facility;
(5) Conduct special staff training relating to the needs, care andsafety of persons with Alzheimer's disease or Alzheimer's-related dementiawithin the first thirty days of employment;
(6) Utilize personal electronic monitoring devices for any residentwhose physician recommends use of such device;
(7) Permit the resident's physician, in consultation with the familymembers or health care advocates of the resident, to determine whether thefacility meets the needs of the resident; and
(8) Implement a social model for the residential environment ratherthan an institutional medical model.
4. For purposes of this section, "health care facilities for personswith Alzheimer's disease or Alzheimer's-related dementia" means facilitiesthat are specifically designed and operated to provide elderly individualswho have chronic confusion or dementia illness, or both, with a safe,structured but flexible environment that encourages physical activitythrough a well-developed recreational and aging-in-place and activityprogram. Such program shall continually strive to promote the highestpracticable physical and mental abilities and functioning of each resident.
5. Nothing in this section shall be construed to prohibit projectparticipants from accommodating a family member or other caregiver fromresiding with the resident in accordance with all life, health, and safetystandards of the facility.
(L. 1999 S.B. 326 § 5, A.L. 2003 S.B. 556 & 311, A.L. 2007 H.B. 952 & 674)CROSS REFERENCE:
Rulemaking authority, RSMo 198.534