Section 481.69.39. Respite care services.

“Respite care services” means an organized program of temporary supportive care provided for 24 hours or more to a person in order to relieve the usual caregiver of the person from providing continual care to the person. “Respite care individual” means an individual receiving respite care services. An assisted living program which chooses to provide respite care services must meet the following requirements related to respite care services and must be certified as an assisted living program.

         69.39(1) Length of stay. Respite care services shall be provided for no more than 30 consecutive days and for a total of no more than 60 days in a consecutive 12-month period. The 12-month period begins on the first day of the respite care individual’s stay in the program.

         69.39(2) No separate certificate. An assisted living program that chooses to provide respite care services is not required to obtain a separate certificate or pay a certification fee.

         69.39(3) Assessment. The program nurse shall conduct an assessment of the respite care individual prior to the respite care individual’s stay. The assessment shall be documented and shall include, at a minimum:

            a.               Safety and supervision needs;

            b.               Medical needs;

            c.               Dietary needs; and

            d.               Bowel and bladder function.

         69.39(4) Written direction to staff. The program nurse shall document the care needs of the respite care individual based on the assessment conducted pursuant to subrule 69.39(3) and provide the documentation to staff.

         69.39(5) Involuntary termination of respite care services. The program may terminate the respite care services for a respite care individual. Rule 481—69.24(231C) shall not apply. The program shall make proper arrangements for the welfare of the respite care individual prior to involuntary termination of respite care services, including notification of the respite care individual’s family or legal representative.

         69.39(6) Contract. The program shall have a contract with each respite care individual. The contract shall, at a minimum, include the following:

            a.               The time period during which the individual will be considered to be receiving respite care services, not to exceed 30 consecutive days.

            b.               A description of all fees, charges, and rates for respite care services, and any additional and optional services and their related costs.

            c.               A statement that respite care services may be involuntarily terminated. Rule 481—69.24(231C) shall not apply.

            d.               Identification of the party responsible for payment of fees and identification of the respite care individual’s legal representative, if any.

            e.               Identification of emergency contacts, including but not limited to the respite care individual’s family member(s) and physician.

            f.                A statement that all respite care individual information shall be maintained in a confidential manner to the extent required under state and federal law.

            g.               The refund policy, if applicable.

            h.               A statement regarding billing and payment procedures.

         69.39(7) Admission to program.

            a.               A respite care individual shall not be considered an admission to the program.

            b.               A respite care individual shall be included in the program’s census.

            c.               The program shall not enter into multiple 30-day contracts with a respite care individual in order to lengthen the respite care individual’s stay in the program.

            d.               If a respite care individual remains in the program beyond 30 consecutive days and is eligible for admission, the department shall consider the individual a tenant in the program. The program shall follow all requirements for admission to the program.

         69.39(8) Level of care criteria. Respite care individuals must meet the criteria found in subrule 69.23(1) for admission and retention of tenants. Respite care services shall not be provided by an assisted living program to persons requiring a level of care which is higher than the level of care the program is certified to provide.

         69.39(9) Accessibility by the department. The department shall have the same access to respite care services records as provided in 481—subrule 67.10(2).

[ARC 1667C, IAB 10/15/14, effective 11/19/14]