rules and regulations for assisted living facilities level ii - Arkansas ...

a resident’s individual choice, preference, or actions, are identified as placing the
resident or others at risk, lead to adverse outcomes, or violate the norms of the
facility or program or the majority of the residents, or any combination of these
events.
No resident shall be permitted to remain in an assisted living facility if his or her
condition requires twenty-four (24) hour nursing care or other services that a
Level II assisted living facility is not authorized by law or these regulations to
provide. This prohibition applies even if the resident is willing to execute an
agreement relieving the facility of responsibility attendant to the resident’s
continued placement.
When the resident evaluation indicates that there is a high probability that a
choice or action of the resident has resulted or will result in any of the outcomes
of placing the resident or others at risk, leading to adverse outcomes, violating the
norms of the facility or program or the majority of the residents, or any
combination of the events, the assisted living facility shall:
1. Identify the specific concern(s);
2. Provide the resident or his or her responsible party (and if the
resident agrees, the resident’s family) with clear, understandable
information about the possible consequences of his or her choice or
action;
3. Negotiate a compliance agreement with the resident or his or her
responsible party that will minimize the possible risk and adverse
consequences while still respecting the resident’s preferences.
Nothing in this provision requires a facility to successfully
negotiate a compliance agreement;
4. Document the process of negotiation and, if no agreement can be
reached, the lack of agreement and the decisions of the parties
involved.
Any compliance agreements negotiated, or attempted to be negotiated, with the
resident or his or her responsible party shall address the following areas in
writing:
1. Consequence to resident – any situation or condition that is or
should be known to the facility that involves a course of action
taken or desired to be taken by the resident contrary to the practice
or advice of the facility and could put the resident at risk of harm
or injury;
2. The probable consequences if the resident continues the choice or
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Assisted Living Facilities Level II R. 08/01/11