a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
(A)
require protected living arrangements; and
(B)
are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
(ii)
a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
Contract: A legal written agreement that becomes binding when signed.
Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
(a)
a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
(b)
a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
(c)
a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
Resident: means a person 21 years old or older who:
(a)
as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
(b)
does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
“Eligible requester” means:
(i)
a resident;
(ii)
a prospective resident;
(iii)
a legal representative of a resident or prospective resident; or
(iv)
the department.
(b)
“Facility” means an assisted living facility or nursing care facility.
(c)
“Facility’s leadership” means a facility’s:
(i)
owner;
(ii)
administrator;
(iii)
director; or
(iv)
employee that is in a position to determine which providers have access to the facility.
(d)
“Personal care agency” means a person that provides assistance with activities of daily living.
(e)
“Provider” means a home health agency, hospice provider, medical provider, or personal care agency.
(f)
“Resident” means an individual who resides in a facility.
(2)
Subject to other state or federal laws, a facility may limit which providers have access to the facility if the facility complies with Subsection (3).
(3)
(a)
A facility that prohibits a provider from accessing the facility shall:
(i)
before or at the time a prospective resident or prospective resident’s legal representative signs an admission contract, inform the prospective resident or prospective resident’s legal representative that the facility prohibits one or more providers from accessing the facility;
(ii)
if an eligible requester requests to know which providers have access to the facility, refer the eligible requester to a member of the facility’s leadership; and
(iii)
if a provider requests to know whether the provider has access to the facility, refer the provider to a member of the facility’s leadership.
(b)
If a facility refers an eligible requester to a member of the facility’s leadership under Subsection (3)(a)(ii), the member of the facility’s leadership shall inform the eligible requester:
(i)
which providers the facility:
(A)
allows to access the facility; or
(B)
prohibits from accessing the facility;
(ii)
that a provider’s access to the facility may change at any time; and
(iii)
whether a person in the facility’s leadership has a legal or financial interest in a provider that is allowed to access the facility.
(c)
If a facility refers a provider to a member of the facility’s leadership under Subsection (3)(a)(iii), the member of the facility’s leadership:
(i)
shall disclose whether the provider has access to the facility; and
(ii)
may disclose any other information described in Subsection (3)(b).
(d)
If a resident is being served by a provider that is later prohibited from accessing the facility, the facility shall:
(i)
allow the provider access to the facility to finish the resident’s current episode of care; or
(ii)
provide to the resident a written explanation of why the provider no longer has access to the facility.
(4)
This section does not apply to a facility operated by a government unit.
(5)
The department may issue a notice of deficiency if a facility that denies a provider access under Subsection (2) does not comply with Subsection (3) at the time of the denial.
Renumbered and Amended by Chapter 305, 2023 General Session
