Section 22-B3827. GENERAL ELIGIBILITY AND ADMISSION REQUIREMENTS

 

3827.1A MHCRF shall admit and retain only those persons for whom it can care for safely and adequately and who require the care and supervision that the facility provides.

 

3827.2A person may not be disqualified from placement in a MHCRF simply because the person:

 

(a)Is not ambulatory;

 

(b)Needs assistance with medication administration, including injections;

 

(c)Has active substance abuse problems in addition to serious mental illness; or

 

(d)Needs limited or intermittent nursing care.

 

3827.3Each MHCRF shall follow written admission criteria which shall be submitted to the Director, DHS, and presented to the resident or his guardian or conservator upon the person's admission to the facility.

 

3827.4No person, eighteen (18) years or older, shall be denied admission based upon the person's age, gender, race, physical or mental disability, HIV status, religion, sexual orientation, national origin, marital status, or source of payment for the service, unless deemed inappropriate for placement based on criteria enumerated in this chapter.

 

3827.5Whenever a MHCRF denies admission to an applicant, the MHCRF shall provide written reasons for the denial to the Director, DHS, or his designee, and if requested, to the applicant. A copy of the written reason for denial shall be included in the facility's file.

 

3827.6No MHCRF shall refuse to make reasonable accommodations necessary to admit or retain a resident who is deaf, blind, non-English speaking, non-ambulatory or otherwise physically or mentally disabled.

 

3827.7Each resident shall have a pre-admission medical examination by a physician not more than sixty (60) days prior to her or his admission to a MHCRF.

 

3827.8Prior to a resident's admission and in accordance with the Mental Health Information Act, each MHCRF shall obtain for each resident sufficient information concerning the resident's physical and mental condition to assist the resident to maintain the highest practical level of functioning. The information shall include:

 

(a)A written care or treatment plan;

 

(b)Prescribed medications;

 

(c)Any special diets; and

 

(d)A copy shall be maintained in the resident's file.

 

3827.9Prior to admission, a physician shall certify that a resident is free of any communicable disease as defined in chapter 2 of this title, or if the resident has a communicable disease, that the communicable disease is not in an acute stage.

 

3827.10A resident with a communicable disease not in the acute stage but which has a prolonged state of communicability may be admitted to any MHCRF which is capable of providing environmental and hygienic procedures appropriate to the specific disease in accordance with the latest precautions and guidelines for specific diseases published by the Centers for Disease Control, United States Public Health Service.

 

3827.11Subsections 3827.7, 3827.8, and 3827.9 shall not apply to admission to Transitional Residential beds as defined in §3838. However, a physical examination by a physician and certification regarding communicable diseases must be attempted for each resident within seven (7) calendar days of placement in a Transitional bed.

 

source

Final Rulemaking published at 42 DCR 569, 595 (January 27, 1995).