Section 20-10-2106 - RulesThe Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:
(1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and(2)(A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care.(B)(i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.(ii) The form shall be limited to one (1) page and shall:(a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);(c) State the name of the resident or, if applicable, the resident's representative;(d) Contain checkboxes indicating that: (1) The office was notified of the admission;(2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and(3) The resident or the resident's representative declined the options counseling for long-term care;(e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;(f) Be signed by the resident or, if applicable, the resident's representative; and(g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.Amended by Act 2019, No. 910,§ 5189, eff. 7/1/2019.Acts 2007, No. 516, § 1; 2009, No. 952, § 2.