50-5-216. Limitation on care provided in adult foster care home. (1) Except as provided in this section, the types of care offered by adult foster care homes are limited to light personal care or custodial care and may not include skilled nursing care.
(2) An adult foster care home may be licensed to provide care for an adult receiving state-funded services through the developmental disabilities program of the department or for an adult who resided in the home before reaching 18 years of age, even though the adult is:
(a) in need of skilled nursing care;
(b) in need of medical, physical, or chemical restraint;
(c) nonambulatory or bedridden;
(d) incontinent to the extent that bowel or bladder control is absent; or
(e) unable to self-administer medications.
(3) An adult foster care home that applies for a license under subsection (2) shall provide the department with a copy of the statement required in subsection (4).
(4) A resident of an adult foster care home licensed under subsection (2) must have a certification in the form of a signed statement, renewed on an annual basis, from a physician, a physician assistant, a nurse practitioner, or a registered nurse, whose work is unrelated to the operation of the home and who has actually visited the home within the year covered by the statement and certifies that:
(a) the services available to the resident in the home or in the community, or services that may be brought into the home from the community, including nursing services or therapies, are appropriate for meeting the health care or other needs of the resident; and
(b) the health care status of the resident does not necessitate placing the resident in a more intensive residential service setting.
(5) As used in this section, "skilled nursing care" means 24-hour care supervised by a registered nurse or a licensed practical nurse under the orders of an attending physician.
History: En. Sec. 13, Ch. 366, L. 1995; amd. Sec. 2, Ch. 133, L. 1999; amd. Sec. 24, Ch. 519, L. 2005.
Structure Montana Code Annotated
Chapter 5. Hospitals and Related Facilities
50-5-201. License requirements
50-5-203. Application for license
50-5-204. Issuance and renewal of licenses -- inspections
50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license
50-5-210. Department to make rules -- standards for hospices
50-5-211. Hospital hospice programs -- exemptions from separate licensure
50-5-212. Organ procurement program required
50-5-213. Requirements for home infusion therapy services
50-5-214. Requirements for retirement homes
50-5-215. Standards for adult foster care homes
50-5-216. Limitation on care provided in adult foster care home
50-5-217. through 50-5-219 reserved
50-5-220. Licensure of outdoor behavioral programs -- exemption
50-5-222. and 50-5-223 reserved
50-5-224. Renumbered 53-21-199
50-5-225. Assisted living facilities -- services to residents -- employee background checks
50-5-226. Placement in assisted living facilities
50-5-227. Licensing assisted living facilities
50-5-232. Patient protection account -- deposit of funds
50-5-233. Designation of critical access hospitals -- adoption of rules
50-5-235. Hourly limitation waivable by department or department's designee
50-5-236. and 50-5-237 reserved
50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking
50-5-239. through 50-5-244 reserved
50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium
50-5-246. Specialty hospital application process -- impact study
50-5-247. Licensure of eating disorder centers -- rulemaking -- definition