DAR File No. 27683

Health, Health Systems Improvement, Licensing

R432-270

Assisted Living Facilities

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27683
Filed: 01/31/2005, 10:42
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 26, Chapter 21, Health Facility Licensure and Inspection Act, authorizes the Utah Department of Health to promulgate rules for health care facilities. The Assisted Living Facilities rule adopts the current codes for operating Assisted Living Type I and Type II facilities. Without the authority provided, standards for operating an Assisted Living facility would not be available.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Health Facility Committee established a subcommittee that consisted of representatives from the Utah Assisted Living Association, licensed providers, and other interested parties to review and recommend changes to the Assisted Living rule. Amendments to the rule were made based on the input from the committee. 1) There were many comments to not restrict the number of ADLs (Activities of Daily Living) that a resident can have total assistance with in a Type I facility. 2) There was comment and discussion of what constitutes an ADL. 3) There was comment to support changes to the medication administration portion of the rule to clarify the facility responsibilities. 4) There was comment to request more clarification on the proposed changes to medication administration. 5) There was comment to clarify what types of licensed professionals can do assessments for residents.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The comments that were made were addressed and clarified during the rule change process in 2001. The agency agrees with the need to continue the rule. No new changes are proposed at this time.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Michael G. Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-538-1773, or by Internet E-mail at mbroschi@utah.gov

Authorized by:

David N. Sundwall, Executive Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Michael G. Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-538-1773, or by Internet E-mail at mbroschi@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.