| SUBCHAPTER I |
| RESIDENT RIGHTS, CARE AND RELATED SERVICES |
| Definitions |
| 388-97-0001 | Definitions. |
| Admission, Transfer and Discharge |
| 388-97-0020 | Nursing facility care. |
| 388-97-0040 | Discrimination prohibited. |
| 388-97-0060 | Nursing facility admission and payment requirements. |
| 388-97-0080 | Discharge planning. |
| 388-97-0100 | Utilization review. |
| 388-97-0120 | Individual transfer and discharge rights and procedures. |
| 388-97-0140 | Transfer and discharge appeals for resident in medicare or medicaid certified facilities. |
| 388-97-0160 | Discharge or leave of a nursing facility resident. |
| Resident Rights |
| 388-97-0180 | Resident rights. |
| 388-97-0200 | Free choice. |
| 388-97-0220 | Statute implemented in resident decision making, informed consent, and advance directives. |
| 388-97-0240 | Resident decision making. |
| 388-97-0260 | Informed consent. |
| 388-97-0280 | Advance directives. |
| 388-97-0300 | Notice of rights and services. |
| 388-97-0320 | Notification of changes. |
| 388-97-0340 | Protection of resident funds. |
| 388-97-0360 | Privacy and confidentiality. |
| 388-97-0380 | Electronic monitoring equipment -- Audio monitoring and video monitoring. |
| 388-97-0400 | Electronic monitoring equipment -- Resident requested use. |
| 388-97-0420 | Work. |
| 388-97-0440 | Self-administration of drugs. |
| 388-97-0460 | Grievance rights. |
| 388-97-0480 | Examination of survey results. |
| 388-97-0500 | Resident mail. |
| 388-97-0520 | Access and visitation rights. |
| 388-97-0540 | Telephone. |
| 388-97-0560 | Personal property. |
| 388-97-0580 | Roommates/rooms. |
| 388-97-0600 | Refusal of certain transfers. |
| 388-97-0620 | Chemical and physical restraints. |
| 388-97-0640 | Prevention of abuse. |
| 388-97-0660 | Resident protection program definition. |
| 388-97-0680 | Investigation of mandated reports. |
| 388-97-0700 | Preliminary finding. |
| 388-97-0720 | Notice to individual of preliminary findings. |
| 388-97-0725 | Notice to others of preliminary findings. |
| 388-97-0740 | Disputing a preliminary finding. |
| 388-97-0760 | Hearing procedures to dispute preliminary finding. |
| 388-97-0780 | Finalizing the preliminary finding. |
| 388-97-0800 | Reporting final findings. |
| 388-97-0820 | Appeal of administrative law judge's initial order or finding. |
| 388-97-0840 | Disclosure of investigative and finding information. |
| Quality of Life |
| 388-97-0860 | Resident dignity and accommodation of needs. |
| 388-97-0880 | Environment. |
| 388-97-0900 | Self determination and participation. |
| 388-97-0920 | Participation in resident and family groups. |
| 388-97-0940 | Activities. |
| 388-97-0960 | Social services. |
| 388-97-0980 | Pets. |
| Resident Assessment and Plan of Care |
| 388-97-1000 | Resident assessment. |
| 388-97-1020 | Comprehensive plan of care. |
| 388-97-1040 | Dementia care. |
| Quality of Care |
| 388-97-1060 | Quality of care. |
| Nursing Services |
| 388-97-1080 | Nursing services. |
| 388-97-1100 | Dietary services. |
| 388-97-1120 | Meal provision. |
| 388-97-1140 | Individual dietary needs. |
| 388-97-1160 | Dietary personnel. |
| 388-97-1180 | Dietary menus. |
| 388-97-1200 | Dietary orders. |
| 388-97-1220 | Modified diets. |
| 388-97-1240 | Tube feedings. |
| Physician Services |
| 388-97-1260 | Physician services. |
| Specialized Habilitative and Rehabilitative Services |
| 388-97-1280 | Specialized habilitative and rehabilitative services. |
| 388-97-1300 | Pharmacy services. |
| Infection Control |
| 388-97-1320 | Infection control. |
| 388-97-1340 | Influenza and pneumococcal immunizations. |
| 388-97-1360 | Surveillance, management and early identification of individuals with active tuberculosis. |
| 388-97-1380 | Tuberculosis -- Testing required. |
| 388-97-1400 | Tuberculosis -- Testing method -- Required. |
| 388-97-1440 | Tuberculosis -- No testing. |
| 388-97-1460 | Tuberculosis -- One test. |
| 388-97-1480 | Tuberculosis -- Two-step skin testing. |
| 388-97-1500 | Tuberculosis -- Positive test result. |
| 388-97-1520 | Tuberculosis -- Negative test result. |
| 388-97-1540 | Tuberculosis -- Declining a skin test. |
| 388-97-1560 | Tuberculosis -- Reporting -- Required. |
| 388-97-1580 | Tuberculosis -- Test records. |
| 388-97-1600 | Care of residents with active tuberculosis. |
| Administration |
| 388-97-1620 | General administration. |
| 388-97-1640 | Required notification and reporting. |
| 388-97-1660 | Staff and equipment. |
| 388-97-1680 | Staff development. |
| 388-97-1700 | Medical director. |
| 388-97-1720 | Clinical records. |
| 388-97-1740 | Disaster and emergency preparedness. |
| 388-97-1760 | Quality assessment and assurance. |
| 388-97-1780 | Policies and procedures. |
| 388-97-1800 | Criminal history disclosure and background inquiries. |
| 388-97-1820 | Disqualification from nursing home employment. |
| 388-97-1840 | Retaliation or discrimination prohibited. |
| Miscellaneous Services |
| 388-97-1860 | Laundry services. |
| 388-97-1880 | Short-term care, including respite services and adult day or night care. |
| 388-97-1900 | Dialysis services. |
| Preadmission Screening and Resident Review (PASRR) in Medicaid Certified Facilities. |
| 388-97-1920 | Preadmission screening -- Level I. |
| 388-97-1940 | Advanced categorical determinations, not subject to preadmission screening -- Level II. |
| 388-97-1960 | Preadmission screening -- Level II. |
| 388-97-1980 | Resident review. |
| 388-97-2000 | Preadmission screening and resident review (PASRR) determination and appeal rights. |
| Intermediate Care Facilities for the Mentally Retarded |
| 388-97-2020 | Intermediate care facilities for individuals with intellectual disabilities. |
| SUBCHAPTER II |
| PHYSICAL ENVIRONMENT |
| General |
| 388-97-2040 | Design. |
| 388-97-2060 | New construction compliance. |
| 388-97-2080 | Fire standards and approval, and other standards. |
| 388-97-2100 | Maintenance and repair. |
| 388-97-2120 | Noise. |
| 388-97-2140 | Accessibility in new construction. |
| 388-97-2160 | Types of new construction. |
| 388-97-2180 | ICF/IID exceptions to physical plan requirements. |
| 388-97-2200 | Emergency power. |
| Resident Care Unit |
| 388-97-2220 | Location of the resident care unit. |
| 388-97-2240 | Required service areas on resident care units. |
| 388-97-2260 | Staff work stations on resident care units. |
| 388-97-2280 | Call systems on resident care units. |
| 388-97-2300 | Telephones on resident care units. |
| 388-97-2320 | Utility service rooms on resident care units. |
| 388-97-2340 | Drug facilities on resident care units. |
| 388-97-2360 | Linen storage on resident care units. |
| 388-97-2380 | Janitors closets on resident care units. |
| Resident Rooms |
| 388-97-2400 | Resident rooms. |
| 388-97-2420 | Capacity of resident rooms. |
| 388-97-2440 | Size of resident rooms. |
| 388-97-2460 | Privacy in resident rooms. |
| 388-97-2480 | Resident isolation rooms. |
| 388-97-2500 | Resident room size variance. |
| Resident Room Equipment |
| 388-97-2520 | Resident room equipment. |
| 388-97-2540 | Resident bed and bedside equipment. |
| 388-97-2560 | Lockable storage space in a resident room. |
| 388-97-2580 | Wardrobes in a resident room. |
| 388-97-2600 | Seating in a resident room. |
| 388-97-2620 | Lighting in resident rooms. |
| 388-97-2640 | Call signal device in resident rooms. |
| 388-97-2660 | Cubicle curtains in resident rooms. |
| 388-97-2680 | Miscellaneous equipment in resident rooms in a new building or addition. |
| Resident Toilet and Bathing Facilities |
| 388-97-2700 | Resident toilet facilities or rooms. |
| 388-97-2720 | Resident bathing facilities or rooms. |
| 388-97-2740 | Locks in toilet and bathing facilities. |
| Dining, Dayrooms, and Resident Activity Areas |
| 388-97-2760 | Dining, dayrooms, and resident activity areas. |
| Laundry Services |
| 388-97-2780 | Laundry services and storage. |
| Dementia Care Unit |
| 388-97-2800 | Dementia care unit. |
| 388-97-2820 | Dining areas on a dementia care unit. |
| 388-97-2840 | Outdoor areas on a dementia care unit. |
| 388-97-2860 | Indoor areas on a dementia care unit. |
| 388-97-2880 | Ambulation route on a dementia care unit in a new building or addition. |
| 388-97-2900 | Physical plant on a dementia care unit. |
| 388-97-2920 | Special egress control devices on a dementia care unit. |
| Specialized and Outpatient Rehabilitation |
| 388-97-2940 | Specialized rehabilitation. |
| 388-97-2960 | Outpatient rehabilitation. |
| Food Services Areas |
| 388-97-2980 | Food service areas. |
| Storage |
| 388-97-3000 | Storage of equipment. |
| 388-97-3020 | Storage of resident room equipment in a new building or addition. |
| 388-97-3040 | General storage in new construction. |
| Lighting and Electrical |
| 388-97-3060 | Lighting. |
| 388-97-3080 | Natural or artificial light. |
| 388-97-3100 | Outside lighting. |
| 388-97-3120 | Light shields. |
| 388-97-3140 | Illumination levels in new buildings and additions. |
| 388-97-3160 | Night lights in new construction. |
| 388-97-3180 | Switches in new construction. |
| 388-97-3200 | Electrical outlets. |
| Safety |
| 388-97-3220 | Safety. |
| 388-97-3240 | Safety -- Poisons and nonmedical chemicals. |
| 388-97-3260 | Safety -- Storage of equipment and supplies. |
| 388-97-3280 | Safety -- Handrails. |
| Water Supply |
| 388-97-3300 | Water supply. |
| 388-97-3320 | Hot water. |
| 388-97-3340 | Cross connections. |
| Pest Control and Sewage and Waste Disposal |
| 388-97-3360 | Pest control. |
| 388-97-3380 | Sewage and liquid waste disposal. |
| New Construction Documents |
| 388-97-3400 | General new construction documents. |
| 388-97-3420 | Preliminary new construction documents. |
| 388-97-3440 | Final new construction documents. |
| 388-97-3460 | Preinstallation submissions for new construction. |
| 388-97-3480 | New construction timelines. |
| 388-97-3500 | Exemptions to new construction requirements. |
| Codes and Standards in New Construction |
| 388-97-3520 | State building code in new construction. |
| 388-97-3540 | Electrical codes and standards in new construction. |
| 388-97-3560 | Elevator codes in new construction. |
| 388-97-3580 | Local codes and ordinances in new construction. |
| Administration and Public Areas in New Construction |
| 388-97-3600 | Entrances and exits in new construction. |
| 388-97-3620 | Lobbies in new construction. |
| 388-97-3640 | Interview space in new construction. |
| 388-97-3660 | Offices in new construction. |
| 388-97-3680 | Inservice education space in new construction. |
| 388-97-3700 | Staff areas in new construction. |
| Visiting, Private, and Outdoor Recreation Space and Walkways in New Construction |
| 388-97-3720 | Visiting and private space in new construction. |
| 388-97-3740 | Outdoor recreation space and walkways in new construction. |
| Pools and Pharmacies in New Construction |
| 388-97-3760 | Pools in new construction. |
| 388-97-3780 | Pharmacies in new construction. |
| General Design Requirements in New Construction |
| 388-97-3800 | Elevators in new construction. |
| 388-97-3840 | Walking surfaces in a new building or addition. |
| 388-97-3860 | Doors in new construction. |
| 388-97-3880 | Floor finishes in new construction. |
| 388-97-3900 | Carpets in new construction. |
| 388-97-3920 | Coving in new construction. |
| 388-97-3940 | Walls in new construction. |
| 388-97-3960 | Accessories in new construction. |
| 388-97-3980 | Miscellaneous in new construction. |
| Heating, Ventilation, and Air Conditioning Systems in New Construction |
| 388-97-4000 | Heating systems in new construction. |
| 388-97-4020 | Cooling systems in new construction. |
| 388-97-4040 | Ventilation systems in new construction. |
| Plumbing and Fixtures in New Construction |
| 388-97-4060 | Handwashing sinks in new construction. |
| 388-97-4080 | Drinking fountains in new construction. |
| 388-97-4100 | Mixing valves or mixing faucets in new construction. |
| 388-97-4120 | Spouts in new construction. |
| 388-97-4140 | Faucet controls in new construction. |
| SUBCHAPTER III |
| NURSING HOME LICENSE |
| Initial License Application |
| 388-97-4160 | Initial nursing home license. |
| 388-97-4166 | Liability insurance required. |
| 388-97-4167 | Liability insurance required--Commercial general liability insurance or business liability insurance coverage. |
| 388-97-4168 | Liability insurance required--Professional liability insurance coverage. |
| License Renewal |
| 388-97-4180 | Nursing home license renewal. |
| Department Review of License Applications and Appeals |
| 388-97-4200 | Department review of initial nursing home license applications. |
| 388-97-4220 | Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license. |
| 388-97-4240 | Appeal of the department's licensing decision. |
| Management Agreements and Changes of Ownership |
| 388-97-4260 | Management agreements. |
| 388-97-4280 | Change of ownership. |
| Licensed Bed Capacity, Relocation of Residents and License Relinquishment |
| 388-97-4300 | Licensed bed capacity. |
| 388-97-4320 | Relocation of residents. |
| 388-97-4340 | License relinquishment. |
| SUBCHAPTER IV |
| NURSING HOME LICENSURE PROGRAM ADMINISTRATION |
| 388-97-4360 | Inspections and deficiency citation report. |
| 388-97-4380 | Plan of correction. |
| 388-97-4400 | Acceptable and unacceptable plans of correction. |
| 388-97-4420 | Informal department review. |
| 388-97-4425 | Notice--Service complete. |
| 388-97-4430 | Notice--Proof of service. |
| 388-97-4440 | Appeal rights. |
| 388-97-4460 | Remedies. |
| 388-97-4480 | Criteria for imposing optional remedies. |
| 388-97-4500 | Severity and scope of deficiencies. |
| 388-97-4520 | Separate deficiencies -- Separate remedies. |
| 388-97-4540 | Stop placement. |
| 388-97-4560 | Amount of civil fine. |
| 388-97-4580 | Civil fine accrual and due dates and interest. |
| 388-97-4600 | Civil penalty fund. |
| 388-97-4620 | Temporary management. |
| 388-97-4640 | Receivership. |
| 388-97-4660 | Temporary managers and receivers -- Application. |
| 388-97-4680 | Temporary managers and receivers -- Considerations before appointment. |
| 388-97-4700 | Duties and powers of temporary manager and receiver. |
| 388-97-4720 | Termination of temporary management and receivership. |