§ 23-17.4-2 - Definitions.

SECTION 23-17.4-2

   § 23-17.4-2  Definitions. – As used in this chapter:

   (1) "Activities of daily living (ADLs)" means bathing,dressing, eating, toileting, mobility and transfer.

   (2) "Administrator" means any person who has responsibilityfor day to day administration or operation of an assisted living residence.

   (3) "Alzheimer's dementia special care unit or program" meansa distinct living environment within an assisted living residence that has beenphysically adapted to accommodate the particular needs and behaviors of thosewith dementia. The unit provides increased staffing, therapeutic activitiesdesigned specifically for those with dementia and trains its staff on anongoing basis on the effective management of the physical and behavioralproblems of those with dementia. The residents of the unit or program have hada standard medical diagnostic evaluation and have been determined to have adiagnosis of Alzheimer's dementia or another dementia.

   (4) "Assisted living residence" means a publicly or privatelyoperated residence that provides directly or indirectly by means of contractsor arrangements personal assistance to meet the resident's changing needs andpreferences, lodging, and meals to six (6) or more adults who are unrelated tothe licensee or administrator, excluding however, any privately operatedestablishment or facility licensed pursuant to chapter 17 of this title, andthose facilities licensed by or under the jurisdiction of the department ofmental health, retardation, and hospitals, the department of children, youth,and families, or any other state agency. The department shall develop levels oflicensure for assisted living residences within this definition as provided in§ 23-17.4-6. Assisted living residences include sheltered care homes, andboard and care residences or any other entity by any other name providing theservices listed in this subdivision which meet the definition of assistedliving residences.

   (5) "Capable of self-preservation" means the physicalmobility and judgmental ability of the individual to take appropriate action inemergency situations. Residents not capable of self-preservation are limited tofacilities that meet more stringent life safety code requirements as providedunder § 23-17.4-6(b)(3).

   (6) "Director" means the director of the Rhode Islanddepartment of health.

   (7) "Licensing agency" means the Rhode Island department ofhealth.

   (8) "Personal assistance" means the provision of one or moreof the following services, as required by the resident or as reasonablyrequested by the resident, on a scheduled or unscheduled basis, including:

   (i) Assisting the resident with personal needs includingactivities of daily living;

   (ii) Assisting the resident with self-administration ofmedication or administration of medications by appropriately licensed staff;

   (iii) Providing or assisting the resident in arranging forhealth and supportive services as may be reasonably required;

   (iv) Monitoring the activities of the resident while on thepremises of the residence to ensure his or her health, safety, and well-being;and

   (v) Reasonable recreational, social and personal services.

   (9) "Resident" means an individual not requiring medical ornursing care as provided in a health care facility but who as a result ofchoice and/or physical or mental limitation requires personal assistance,lodging and meals and may require the administration of medication. A residentmust be capable of self-preservation in emergency situations, unless thefacility meets a more stringent life safety code as required under §23-17.4-6(b)(3). Persons needing medical or skilled nursing care, includingdaily professional observation and evaluation, as provided in a health carefacility, and/or persons who are bedbound or in need of the assistance of morethan one person for ambulation, are not appropriate to reside in assistedliving residences. However, an established resident may receive daily skillednursing care or therapy from a licensed health care provider for a conditionthat results from a temporary illness or injury for up to forty-five (45) dayssubject to an extension of additional days as approved by the department, or ifthe resident is under the care of a licensed hospice agency provided theassisted living residence assumes responsibility for ensuring that the care isreceived. For purposes of this statute, "resident" shall also mean theresident's agent as designated in writing or legal guardian.