- Introduced -

SB 1052 - This act defines and regulates assisted living facilities in the state.

New definitions are added for "Alzheimer's disease," "assisted living facility", "dementia", and "multi-unit housing with services" (Section 198.006). Current law requires licensure of long term care facilities and allows a license to be issued for up to two years. This act reduces that time period to eighteen months (Section 198.015).

A new section requires multi-unit housing with services (multi-unit) facilities to register with the Department of Health and Senior Services. Such facilities must submit a disclosure statement describing their operation and must submit an application for registration. If no local and fire safety ordinances exist, then the fire and safety requirements for license-exempt facilities registered under Chapter 210, RSMo, will apply. The Department may visit to determine compliance, but residents must be notified that the Department will not regularly do so. If the Department finds non-compliance, it shall give twenty days notice to the facility. If the facility does not become compliant within twenty days, the Department must notify the prosecutor of the county in which the facility is located or may require the facility to become licensed as a residential care facility.

Residents of multi-unit housing must sign lease agreements and pay rent, which may or may not be subsidized. Supportive services are optional and the resident must choose the care provider. Residents may contract with licensed health care professionals to the same extent available to private citizens. Personal care may be provided by housing management or in-home services providers through a written agreement. Nursing care may be arranged by housing management, but must be provided by licensed providers and may not be combined with housing charges.

Residents may request assistance with medications, which must be stored in the resident's room. The Department may develop rules for the administration of medication. Facilities may ask residents to move in certain situations, for example, if their needs exceed the level of personal care services available. Any assisted living facility must provide an informational document to include updated information on selecting appropriate assisted living and to be given to any person seeking assisted living information. The distribution of this document will be verified by the Department as part of the facility's regular registration (Section 198.016).

Section 198.073, RSMo, is repealed regarding the pathway to safety law for Alzheimer's patients in residential care facilities I and II. New language allows any individual to be a resident of an assisted living facility if the facility has a written plan for the protection of all residents in the event of disasters, for keeping residents in place, for evacuating residents to areas of refuge or from the building (Section 198.073).

ERIN MOTLEY