AMENDMENT FOR PRINTED BILL

___________________ moved that HB 1248 be amended as follows:

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Health shall grant a family waiver licensing endorsement to an assisted living center, licensed pursuant to chapter 34-12 upon application for the endorsement to the department if the assisted living center has controlled entry, has one or more registered nurses in the building no less than thirty-six hours per week who are on call twenty-four hours per day, seven days per week and holds licensing endorsements to provide additional optional services in each of the following areas: medication administration; cognitively impaired residents; accept physically impaired residents, accept residents incapable of self-preservation, accept residents dependent on supplemental oxygen, accept residents requiring therapeutic diets; and accept residents who have elected hospice.

    Section 2. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as follows:

    An assisted living center that holds a family waiver licensing endorsement may retain a resident with cognitive or mobility needs who requires additional care including feeding and ambulation assistance if the assisted living center, the resident, or the resident's legal guardian files an initial family waiver to the Department of Health and recertifies the waiver every six months. The family waiver and all recertifications shall include the following information:

            (1)    A verification by each of the resident's physician, physician assistant, or nurse practitioner that the assisted living center can meet needs of the resident and that it is in the best interest of the resident to remain at the assisted living center; and

            (2)    A verification by the assisted living center that the center can meet the needs of the resident and that the assisted living center agrees to allow the resident to remain at the assisted living center; and

            (3)    A statement signed by the resident, or the resident's legal guardian, acknowledging that the Department of Health does not recommend that the resident remain in the assisted living center and advises the resident to seek other care options; and

            (4)    A statement signed by the resident, or the resident's legal guardian, that despite the department's recommendation the resident, or the resident's legal guardian, expressly elects to remain at the assisted living center.

    Section 3. That ARSD 44:70:04:14 be amended by adding a NEW SUBDIVISION to read as follows:

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     (9) A facility that holds and is in compliance with all seven of the aforementioned endorsements, and which has one or more registered nurses in the building no less than thirty-six hours per week who are on call twenty-four hours per day, seven days per week, and has controlled entry to the center shall be permitted to retain residents requiring assistance regarding care such as feeding and ambulation in excess of the criteria otherwise required in these rules provided a family waiver complying with section 2 of this Act is submitted to the department and recertified every six months."