Assisted living facilities-regulations.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0476.E1

SENATE FILE
NO.
SF0135

Assisted living facilities-regulations.

Sponsored by:
Senator(s) Scott and Representative(s) Harvey

A BILL

for

AN ACT relating to
regulation of health care facilities; requiring
review and
modification of rules governing assisted living facilities; providing for an ad hoc advisory committee on modification of assisted living facility rules;

providing for reports;
and providing for
effective date
s
.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
‑
2
‑
908 is amended to read:

35
‑
2
‑
908.

Rules and regulations.

(a)

The department shall promulgate and enforce reasonable rules and regulations necessary to protect the
health, safety and welfare of patients of health care facilities licensed under this act.

(b)

The r
egulations governing assisted living facilities shall
be modified to
provide that:

(i)

Services provided by a
n assisted living
facility may include
the following
care
provided that the care is within the professional scope of practice of the person providing it or is care
that an able and willing family member could provide at home with ad hoc training, periodic inspection and appropriate follow up by a health care professional
:

(A)

Care of open skin lesions
without complications;

(B)

Changing of catheter collection bags;

(C)

Catheter care,
including changing of tubing;

(D)

Care of residents with
occasional
bladder incontinency;

(E)

Care of residents on continuous oxygen supplementation
even if the resident is unable to determine if the oxygen is on or off and is unable to adjust the flow or turn the oxygen on, provided the
patient's health condition would tolerate a lack of continuous oxygen therapy
.

(ii)

For all of the conditions identified
pursuant to
paragraph (i) of this subsection, an assisted living facility shall have the right to declare that a specific resident's condition is beyond the ability of the facility to provide care and to require that the resident obtain outside professional assistance or move to a different facility;

(iii)

Services identified in paragraph (i) of this subsection may be provided through
the assisted living facility's employees or outside professionals contracted by the facility;

(iv)

If the facility has a contract with a
Wyoming licensed
dietician, it shall not be required to have a certified dietary manager
;

(v)

Staffing shall be adjusted according to an established staffing policy of the assisted living facility as necessary to provide for the acuity level in the facility.

Section 2.

(a)

The department
of health
shall conduct a review of regulations governing assisted living facilities and modify them as necessary to achieve the following objectives:

(i)

An assisted living facility should have the ability to provide residents with assistance in performing the tasks of daily living and provide care that an able and willing family member
would
be able to perform in the home with ad hoc training from an appropriate professional and with appropriate periodic inspection and follow up;

(ii)

It is in the interest of the people
and
the state of Wyoming
for residents of assisted living facilities to
be able to
remain in those facilities as long as possible before transferring to a more restrictive and
more expensive skilled nursing facility only when necessary.

(
b
)

To assist in conducting its review of regulations pursuant to subsection (
a
) of this section, the department may convene an ad hoc advisory committee consisting of representatives of assisted living facilities, health care professionals and public representatives.

(
c
)

If necessary to comply with federal Medicaid law and regulations, the department may
provide separately for restri
ctions on services provided by assisted living facilities to residents who are Medicaid clients
or for restrictions on assisted living facilities that accept Medicaid clients.

(d)

The department of health shall report to the
joint labor, health and social services interim committee
by November 1, 2013 and September 1, 2014 regarding its review of regulations and
changes to
regulat
ions
as provided in this
section.

Section 3.

(a)

Section 1 of this act is effective July 1, 2013.

(b)

Section 2 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0135