5122-33-16 Resident agreement; other information to be provided upon admission.

(A) An ACF shall enter into a written resident agreement with each prospective resident prior to beginning residency in the facility. The agreement shall be signed and dated by the manager or owner and the prospective resident or, if the prospective resident is physically unable to sign and consents, another individual designated by the prospective resident. The facility shall provide both the prospective resident and any other individual signing on his or her behalf with a copy of the agreement and shall explain the agreement to them.

(B) The agreement required by paragraph (A) of this rule shall include at least the following items:

(1) An explanation of monthly charges to the resident including security deposits, if any are required, and a statement whether the facility or the resident will pay for the initial and annual assessments required by rule 5122-33-18 of the Administrative Code;

(2) A statement that no charges, fines, or penalties will be assessed against the resident other than those stipulated in the agreement;

(3) An explanation of the facility's policy for refunding monthly charges in the event of the resident's absence, discharge, or transfer from the facility and the facility's policy for refunding security deposits; and

(4) A written explanation of the extent and types of services the facility will provide to the resident.

(C) In addition to executing and explaining the resident agreement under paragraph (A) of this rule, upon admission of a resident, the facility shall provide:

(1) A copy of the facility's residents' rights policy and procedures required by paragraphs (D) and (E) of rule 5122-33-23 of the Administrative Code;

(2) The facility's smoking policy required by paragraph (I)(9) of rule 5122-33-22 of the Administrative Code;

(3) A copy of procedures to be used for the referral of residents for mental health evaluation and services and the role of the facility regarding the resident's receipt of appropriate services from mental health providers; and

(4) Any other facility policies that residents must follow to include "house rules" as may be applicable.

Effective: 02/17/2012
R.C. 119.032 review dates: 11/30/2011 and 02/17/2017
Promulgated Under: 119.03
Statutory Authority: 5119.79
Rule Amplifies: 5119.79, 5119.81
Prior Effective Dates: 5-6-1991 (Emer.), 8-4-1991, 12-16-1993 (Emer.), 2-25-1994, 9-5-1997, 10-15-2000, 10-1-2010