First Substitute S.B. 153

Senator Mike Dmitrich proposes to substitute the following bill:

1 ASSISTED LIVING FACILITIES
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Dmitrich
5 AN ACT RELATING TO HEALTH; S [CREATING] COMBINING ASSISTED LIVING FACILITIES
5a AND RESIDENTIAL ASSISTED LIVING FACILITIES INTO s A SINGLE CATEGORY OF ASSISTED
6 LIVING FACILITIES; MAKING TECHNICAL AND CONFORMING AMENDMENTS;
7 AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 26-20-10, as enacted by Chapter 126, Laws of Utah 1981
11 26-21-2, as last amended by Chapter 209, Laws of Utah 1997
12 53-7-204, as renumbered and amended by Chapters 101 and 234, Laws of Utah 1993
13 62A-3-202, as last amended by Chapter 209, Laws of Utah 1997
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 26-20-10 is amended to read:
16 26-20-10. Revocation of license of assisted living facility -- Appointment of receiver.
17 (1) If the license of [a residential health care] an assisted living facility is revoked for
18 violation of this chapter, the county attorney may file a petition with the district court for the
19 county in which the facility is located for the appointment of a receiver.
20 (2) The district court shall issue an order to show cause why a receiver should not be
21 appointed returnable within five days after the filing of the petition.
22 (3) If the court finds that the facts warrant the granting of the petition, the court shall
23 appoint a receiver to take charge of the facility. The court may determine fair compensation for
24 the receiver.
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Amend on 2_goldenrod February 20, 1998 25 (4) A receiver appointed pursuant to this section shall have the powers and duties

1 prescribed by the court.
2 Section 2. Section 26-21-2 is amended to read:
3 26-21-2. Definitions.
4 As used in this chapter:
5 (1) "Abortion clinic" means a facility, other than a general acute or specialty hospital, that
6 performs abortions and provides abortion services during the second trimester of pregnancy.
7 (2) "Activities of daily living" means essential activities including:
8 (a) dressing;
9 (b) eating;
10 (c) grooming;
11 (d) bathing;
12 (e) toileting;
13 (f) ambulation;
14 (g) transferring; and
15 (h) self-administration of medication.
16 (3) "Ambulatory surgical facility" means a freestanding facility, which provides surgical
17 services to patients not requiring hospitalization.
18 (4) "Assistance with activities of daily living" means providing of or arranging for the
19 provision of assistance with activities of daily living.
20 (5) S (a) s "Assisted living facility" means S :
20a (i) A TYPE I ASSISTED LIVING FACILITY, WHICH IS A RESIDENTIAL FACILITY THAT
20b PROVIDES ASSISTANCE WITH ACTIVITIES OF DAILY LIVING AND SOCIAL CARE TO TWO OR MORE
20c RESIDENTS WHO:
20d (A) REQUIRE PROTECTED LIVING ARRANGEMENTS; AND
20e (B) ARE CAPABLE OF ACHIEVING MOBILITY SUFFICIENT TO EXIT THE FACILITY WITHOUT
20f THE ASSISTANCE OF ANOTHER PERSON; AND
20g (ii) A TYPE II ASSISTED LIVING FACILITY, WHICH IS s a residential facility S [ [ ] s with S [ ]
20h constructed for the purpose
21 of providing ] s a home-like setting S [ [ ] s that provides an S [ ] at which the owner or operator of the
21a facility
22 furnishes assistance with activities of daily living or supportive care and meals and housing. An ] s
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23 array of coordinated S [ [ ] s supportive personal and health care S [ ] ] s services[,] S [ shall be ] s
23a available 24 hours
24 per day[,] to residents who have been assessed under [division] department rule to need any of
25 these services.
25a S (b) s Each resident S IN A TYPE I OR TYPE II ASSISTED LIVING FACILITY s shall have a
25b service plan based on the assessment, which may
26 include:
27 (a) specified services of intermittent nursing care;
28 (b) administration of medication; and
29 (c) support services promoting residents' independence and self sufficiency.
30 (6) "Birthing center" means a freestanding facility, receiving maternal clients and
31 providing care during pregnancy, delivery, and immediately after delivery.

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1 (7) "Committee" means the Health Facility Committee created in Section 26-1-7 .
2 (8) "Consumer" means any person not primarily engaged in the provision of health care
3 to individuals or in the administration of facilities or institutions in which such care is provided
4 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
5 the provision of health care, and does not receive, either directly or through his spouse, more than
6 1/10 of his gross income from any entity or activity relating to health care.
7 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted kidney
8 dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
9 (10) "Freestanding" means existing independently or physically separated from another
10 health care facility by fire walls and doors and administrated by separate staff with separate
11 records.
12 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic, and
13 rehabilitative services to both inpatients and outpatients by or under the supervision of physicians.
14 (12) "Governmental unit" means the state, or any county, municipality, or other political
15 subdivision or any department, division, board, or agency of the state, a county, municipality, or
16 other political subdivision.
17 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
18 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
19 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned
20 or operated by health maintenance organizations, end stage renal disease facilities, and any other
21 health care facility which the committee designates by rule.
22 (b) "Health care facility" does not include the offices of private physicians or dentists,
23 whether for individual or group practice.
24 (14) "Health maintenance organization" means an organization, organized under the laws
25 of any state which:
26 (a) is a qualified health maintenance organization under Section 1310 (d) of the Public
27 Health Service Act; or
28 (b) (i) provides or otherwise makes available to enrolled participants at least the following
29 basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency,
30 and preventive services and out-of-area coverage;
31 (ii) is compensated, except for copayments, for the provision of the basic health services

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1 listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a periodic
2 basis without regard to the date the health services are provided and which is fixed without regard
3 to the frequency, extent, or kind of health services actually provided; and
4 (iii) provides physicians' services primarily directly through physicians who are either
5 employees or partners of such organizations, or through arrangements with individual physicians
6 or one or more groups of physicians organized on a group practice or individual practice basis.
7 (15) (a) "Home health agency" means an agency, organization, or facility or a subdivision
8 of an agency, organization, or facility which employs two or more direct care staff persons who
9 provide licensed nursing services, therapeutic services of physical therapy, speech therapy,
10 occupational therapy, medical social services, or home health aide services on a visiting basis.
11 (b) "Home health agency" does not mean an individual who provides services under the
12 authority of a private license.
13 (16) "Hospice" means a program of care for the terminally ill and their families which
14 occurs in a home or in a health care facility and which provides medical, palliative, psychological,
15 spiritual, and supportive care and treatment.
16 (17) "Nursing care facility" means a health care facility, other than a general acute or
17 specialty hospital, constructed, licensed, and operated to provide patient living accommodations,
18 24-hour staff availability, and at least two of the following patient services:
19 (a) a selection of patient care services, under the direction and supervision of a registered
20 nurse, ranging from continuous medical, skilled nursing, psychological, or other professional
21 therapies to intermittent health-related or paraprofessional personal care services;
22 (b) a structured, supportive social living environment based on a professionally designed
23 and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
24 (c) a supervised living environment that provides support, training, or assistance with
25 individual activities of daily living.
26 (18) "Person" means any individual, firm, partnership, corporation, company, association,
27 or joint stock association, and the legal successor thereof.
28 (19) "Resident" means a person 21 years of age or older who:
29 (a) as a result of physical or mental limitations or age requires or requests services
30 provided in a [residential health care facility or] assisted living facility; and
31 (b) does not require intensive medical or nursing services as provided in a hospital or

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1 nursing care facility.
2 [(20) "Residential health care facility" means a facility providing assistance with activities
3 of daily living and social care to two or more residents who require protected living arrangements.]
4 [(21)] (20) "Small health care facility" means a four to sixteen bed facility that provides
5 licensed health care programs and services to residents who generally do not need continuous
6 nursing care or supervision.
7 [(22)] (21) "Specialty hospital" means a facility which provides specialized diagnostic,
8 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
9 hospital is licensed.
10 [(23)] (22) "Substantial compliance" means in a department survey of a licensee, the
11 department determines there is an absence of deficiencies which would harm the physical health,
12 mental health, safety, or welfare of patients or residents of a licensee.
13 S [ (23) "Supportive care" means providing or arranging for the provision of two or more of
14 the following for a person:
15 (a) supervision and protective oversight;
16 (b) structured social and recreational activities;
17 (c) provision of or arrangement for health services; or
18 (d) assistance with activities of daily living. ] s
19 Section 3. Section 53-7-204 is amended to read:
20 53-7-204. Duties of Utah Fire Prevention Board -- Local administrative duties.
21 (1) The board shall:
22 (a) make rules:
23 (i) adopting the specific edition of the Uniform Fire Code to be used as the standard;
24 (ii) establishing minimum standards for the prevention of fire and for the protection of life
25 and property against fire and panic in any:
26 (A) publicly owned building, including all public and private schools, colleges, and
27 university buildings;
28 (B) building or structure used or intended for use as an asylum, a mental hospital, a
29 hospital, a sanitarium, a home for the aged, [a residential health care] an assisted living facility,
30 a children's home or institution, or any similar institutional type occupancy of any capacity; and
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Amend on 2_goldenrod February 20, 1998 31 (C) place of assemblage where 50 or more persons may gather together in a building,

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1 structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
2 (iii) establishing safety and other requirements for placement and discharge of display
3 fireworks based upon:
4 (A) the specific edition of the Uniform Fire Code selected under Subsection (1)(a)(i); and
5 (B) relevant publications of the National Fire Protection Association;
6 (iv) establishing minimum safety standards for retail storage, handling, and sale of class
7 C common state approved explosives;
8 (v) defining methods to establish proof of competence to place and discharge display
9 fireworks;
10 (vi) for deputizing qualified persons to act as deputy fire marshals, and to secure special
11 services in emergencies;
12 (vii) implementing Sections 53-7-106 and 53-7-205 ;
13 (viii) setting guidelines for use of funding; and
14 (ix) establishing criteria for training and safety equipment grants for fire departments
15 enrolled in firefighter certification;
16 (b) recommend to the commissioner a state fire marshal;
17 (c) develop policies under which the state fire marshal and his authorized representatives
18 will perform;
19 (d) provide for the employment of field assistants and other salaried personnel as required;
20 (e) prescribe the duties of the state fire marshal and his authorized representatives;
21 (f) establish a statewide fire prevention, fire education, and fire service training program
22 in cooperation with the Board of Regents;
23 (g) establish a statewide fire statistics program for the purpose of gathering fire data from
24 all political subdivisions of the state;
25 (h) establish a fire academy in accordance with Section 53-7-204.2 ;
26 (i) coordinate the efforts of all people engaged in fire suppression in the state;
27 (j) work aggressively with the local political subdivisions to reduce fire losses; and
28 (k) regulate the sale and servicing of portable fire extinguishers and automatic fire
29 suppression systems in the interest of safeguarding lives and property.
30 (2) The board may incorporate in its rules by reference, in whole or in part, nationally
31 recognized and readily available standards and codes pertaining to the protection of life and

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1 property from fire, explosion, or panic.
2 (3) (a) The board may only make amendments to the Uniform Fire Code adopted under
3 Subsection (1)(a)(i) in accordance with Section 53-7-205 .
4 (b) The amendments may be applicable to the entire state or within a city, county, or fire
5 protection district.
6 (4) The following functions shall be administered locally by a city, county, or fire
7 protection district:
8 (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
9 19-2-114 ;
10 (b) creating a local board of appeals in accordance with Section 2.303 of the Uniform Fire
11 Code; and
12 (c) establishing, modifying, or deleting fire flow and water supply requirements.
13 Section 4. Section 62A-3-202 is amended to read:
14 62A-3-202. Definitions.
15 As used in this part:
16 (1) "Elderly resident" means an adult 60 years of age or older who because of physical,
17 economic, social, or emotional problems cannot function normally on an independent basis, and
18 who resides in a long-term care facility.
19 (2) "Government agency" means any department, division, office, bureau, board,
20 commission, authority, or any other agency or instrumentality created by the state, or to which the
21 state is a party, or created by any county or municipality, which is responsible for the regulation,
22 visitation, inspection, or supervision of facilities, or which provides services to patients, residents,
23 or clients of facilities.
24 (3) "Long-term care facility" means any skilled nursing facility, intermediate care facility,
25 nursing home, [residential health care facility,] assisted living facility, adult foster care home, or
26 any living arrangement in the community through which room and personal care services are
27 provided for elderly residents.
28 (4) "Ombudsman" means the administrator of the long-term care ombudsman program,
29 created pursuant to Section 62A-3-203 .
30 Section 5. Effective date.
31 This act takes effect on July 1, 1998.

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