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Agency 26

Kansas Department for Aging and Disability Services

Article 41.—Assisted Living Facilities and Residential Health Care Facilities

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26-41-204. Health care services. (a) The administrator or operator in each assisted living facility or residential health care facility shall ensure that a licensed nurse provides or coordinates the provision of necessary health care services that meet the needs of each resident and are in accordance with the functional capacity screening and the negotiated service agreement.
(b) If the functional capacity screening indicates that a resident is in need of health care services, a licensed nurse, in collaboration with the resident, the resident's legal representative, the case manager, and, if agreed to by the resident or resident's legal representative, the resident's family, shall develop a health care service plan to be included as part of the negotiated service agreement.
(c) The health care services provided by or coordinated by a licensed nurse may include the following:
(1) Personal care provided by direct care staff or by certified or licensed nursing staff employed by a home health agency or a hospice;
(2) personal care provided gratuitously by friends or family members; and
(3) supervised nursing care provided by, or under the guidance of, a licensed nurse.
(d) The negotiated service agreement shall contain a description of the health care services to be provided and the name of the licensed nurse responsible for the implementation and supervision of the plan.
(e) A licensed nurse may delegate nursing procedures not included in the nurse aide or medication aide curriculums to nurse aides or medication aides, respectively, under the Kansas nurse practice act, K.S.A. 65-1124 and amendments thereto.
(f) Each administrator or operator shall ensure that a licensed nurse is available to provide immediate direction to medication aides and nurse aides for residents who have unscheduled needs.
(g) Skilled nursing care shall be provided in accordance with K.S.A. 39-923 and amendments thereto.
(1) The health care service plan shall include the skilled nursing care to be provided and the name of the licensed nurse or agency responsible for providing each service.
(2) The licensed nurse providing the skilled nursing care shall document the service and the outcome of the service in the resident's record.
(3) A medical care provider's order for skilled nursing care shall be documented in the resident's record in the facility. A copy of the medical care provider's order from a home health agency or hospice may be used. Medical care provider orders in the clinical records of a home health agency located in the same building as the facility may also be used if the clinical records are available to licensed nurses and direct care staff of the facility.
(4) The administrator or operator shall ensure that a licensed nurse is available to meet each resident's unscheduled needs related to skilled nursing services.
(h) A licensed nurse may provide wellness and health monitoring as specified in the resident's negotiated service agreement.
(i) All health care services shall be provided to residents by qualified staff in accordance with acceptable standards of practice. (Authorized by and implementing K.S.A. 39-932; effective May 29, 2009.)
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