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HAR 11-90

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HAR 11-90 active

Assisted Living Facilities

Jurisdiction: HI Agency: Hawaii Department of Health
ALF (100%)
Plain-English summary

This Hawaii Administrative Rules chapter establishes licensure standards for assisted living facilities, covering application and renewal procedures, building and structural requirements, emergency and disaster planning, staffing and administration, inservice education, range of services (including personal care, nursing oversight, and medication management), recordkeeping, and admission/discharge policies. Operators must obtain a license from the Department of Health before admitting residents, undergo inspections at least every two years, and comply with all minimum standards set forth in the chapter. The chapter emphasizes aging-in-place principles, negotiated care plans, and resident dignity and independence.

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Regulation text
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§11-90-1 
§11-90-2 
§11-90-3 
§11-90-4 
§11-90-5 
§11-90-6 
§11-90-7 
§11-90-8 
§11-90-9 
§11-90-10 
§11-90-11 
HAWAII ADMINISTRATIVE RULES 
TITLE 11 
DEPARTMENT OF HEALTH 
CHAPTER 90 
ASSISTED LIVING FACILITY 
Purpose 
Definitions 
Licensing 
Minimum building and structural 
requirements 
Emergency care and disaster planning 
General policies, practices and 
administration 
Inservice education 
Range of services 
Records and reports 
Admission and discharge requirement 
Severability 
§11-90-1 Purpose. The purpose of this chapter is 
to establish a new category of community based 
residential care setting to be named "assisted living 
facility" and to establish minimum standards and 
requirements for licensure to protect the health, 
welfare, and safety of residents in such facilities. 
Assisted living facilities shall serve the purpose of 
providing a combination of housing, meal services, 
health care services, and personalized supportive 
services designed to respond to individual needs. The 
following principles are applied: 
(1) Aging in place; 
(2) Negotiated plan of care· and 
(3) Managed risk. [Eff AU 23 999 ] (Auth: 
HRS §§321-1, 321-9, 321-10, 321-11(10), 
3 21-15 . 1) (Imp: HRS § § 3 2 1-9 , 3 21-11 ( 1 O) , 
321-15.1) 
§11-90-2 Definitions. As used in this chapter: 
"Abuse" means actual or imminent physical injury, 
psychological abuse or neglect, sexual abuse, financial 
exploitation, negligent treatment, or maltreatment as 
90-1 
2212. ,j'.~ 
§11-90-2 
further defined in section 346-222, HRS. 
"Activities of Daily Living" or "ADL" means those 
personal functional activities required by an 
individual for continued well-being including eating, 
dressing, personal hygiene, mobility, toileting, and 
behavior management. 
"Aging in place" means the process of remaining in 
his or her living environment ("home") despite the 
physical or mental decline that may occur due to the 
aging process. For aging in place to occur, needed 
services are provided, increased or adjusted to 
compensate for the physical or mental decline of the 
individual .within the ability of the facility. 
"Assistance" means the resident can perform some 
part of an activity, but cannot do it entirely alone. 
"Assisted living" means encouraging and supporting 
individuals to live independently and receive services 
and assistance to maintain independence. All 
individuals have a right to live independently with 
respect for their privacy and dignity, and to live in a 
setting free from restraints. 
"Assisted living facility" means an assisted 
living facility as defined in section 321-15.1, HRS. 
This facility shall consist of a building complex 
offering dwelling units to individuals and services to 
allow residents to maintain an independent assisted 
living lifestyle. The environment of an assisted 
living facility shall include one in which meals are 
provided, staff are available on a 24-hour basis and 
services are based on the individual needs of each 
resident. Each resident, family member, and 
significant others shall work together with facility 
staff to assess what is needed to support the resident 
so that the resident can achieve his or her greatest 
capacity for living independently. The facility shall 
be designed to maximize the independence and self­
esteem of limited-mobility persons who feel that they 
are no longer able to live on their own. 
"Choice" means viable options created for 
residents to enable them to exercise greater control 
over their lives. 
"Department" means the department of health. 
"Dependent" means the resident cannot perform any 
part of an activity; the activity must be done entirely 
b:y someone else. 
"Dietitian" means a person who is registered or 
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§11-90-2 
eligible for registration by the Commission on Dietetic 
Registration of the American Dietetic Association. 
"Dignity" means providing support in such a way as 
to validate the self-worth of the individual. Dignity 
is supported by designing a residential program that 
delivers services in a manner which shows courtesy and 
respect for a resident's right to make decisions. 
"Direct care staff" means an employee of an 
assisted living facility who is responsible and 
available for providing services directly to residents 
including assistance with activities of daily living, 
such as assistance with bathing, dressing, grooming, 
eating, money management, or recreation. 
"Director" means the director of health or the 
director's designated representative. 
"Emergency" means a life-threatening situation. 
It also means those conditions specific to a resident 
which are identified in the resident's care plan as 
requiring emergency care which may include behavior 
that poses a danger to staff or others. 
"Health care services" means the provision of 
services in an assisted living facility that assist the 
individual in achieving and maintaining the highest 
state of positive well-being (i.e., psychological, 
social, physical, and spiritual) and functional status. 
This may include nursing assessments and the monitoring 
and delegation of nursing tasks by registered nurses 
pursuant to chapter 457, HRS, care management, records 
management, and coordinating basic health care and 
social services per residents in such settings. 
"Homelike" means a type of environment which 
promotes the dignity, security, and comfort of 
residents through the provision of personalized care 
and services to encourage independence, choice and 
decision-making by each resident. A homelike 
environment is also supported by the use of residential 
building materials and furnishings. 
"Independence" means supporting resident 
capabilities and facilitating use of their abilities. 
Independence is supported by creating barrier free 
structures and careful design of assistive devices. 
"Independent" means the resident can perform the 
ADL with assistance. 
"Individuality" means recognizing variability in 
residents' needs and preferences and having flexibility 
to organize services in response to such needs and 
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§11-90-2 
preferences. 
"Legal representative or designee" means an 
attorney at law, a person holding a general power of 
attorney or special power of attorney for health care, 
guardian, conservator, or any person appointed by a 
court to manage the personal or financial affairs of 
the resident or person or agency legally responsible 
for the welfare or support of the resident, other than 
the facility. 
"License" means an assisted living facility 
license. 
"Licensed nurse" means a person who is licensed as 
a registered nurse in the State of Hawaii pursuant to 
chapter 457, HRS. 
"Licensee" means the person or entity (the owners) 
to whom a license to operate an assisted living 
facility is issued and who is legally responsible for 
the operation of the facility. 
"Managed risk" means a formal process of 
negotiating and developing a plan to address resident 
needs, decisions, or preferences to reduce the 
probability of a poor outcome for the resident or of 
putting others at risk for adverse consequences. 
"Misappropriation of resident's property" means 
the illegal or improper use of a client's funds or 
property for profit or advantage. 
"Modified diet" means a diet for a diabetic, a low 
fat diet, low sodium diet, or soft diet, or a special 
diet otherwise ordered by a physician. 
"Neglect" means a type of action or conduct, 
performed without the resident's informed consent, 
which results in the deprivation of food, water, 
medication, medical services, shelter, or other 
services necessary to maintain minimum physical or 
mental health. 
"Negotiated Plan of Care or Service Plan or 
Agreement" means a written plan for services developed 
with the resident or significant others and which 
includes a recognition of the resident's capabilities 
and choices. The plan defines the division of 
responsibility in the implementation of services and 
specifies measurable goals. 
"Personal care" means the following two categories 
of activities: 
(1) Activities of daily living such as 
ambulation, mobility, transfer and lifting, 
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§11-90-2 
positioning and turning, bowel and bladder 
care, toileting, bathing, dressing, grooming, 
feeding, exercise, and range of motion; and 
(2) Instrumental activities of daily living which 
are directly related to the well-being of the 
resident such as meal preparation, bed, 
kitchen and bathroom cleanliness, 
housekeeping, laundry, essential errands, 
transportation, medication assistance, and 
maintenance of health records. 
"Physician" means a person who is licensed to 
practice medicine or osteopathy under chapter 453 or 
chapter 460, HRS. 
"Primary care provider" means a person who is 
licensed to practice medicine or osteopathy under 
chapter 453 or chapter 460, HRS, or a person who is 
licensed and recognized as an advanced practice 
registered nurse under chapter 457. 
"Privacy" means a specific area or time over which 
the resident maintains a large degree of control. 
Privacy is supported with services that are delivered 
with respect for the resident's civil rights. 
"Resident" means any person who is receiving room, 
board, care, and services in an assisted living 
facility for a fee on a 24-hour basis. 
"Self-administration of medication" means the act 
of a resident placing medication in or on his or her 
own body without assistance. This means the resident 
manages and takes his or her own medications, the 
resident identifies his or her own medication, the time 
and manner of administration. 
"Service plan" means a written plan for services 
developed with input from a facility staff 
representative, the resident or significant other (if 
the resident consents) and includes recognition of the 
resident's capabilities and choices. The plan defines 
the division of responsibility in the implementation of 
the services to be provided and specifies measurable 
goals. The service plan also specifies who will be 
responsible for providing services and when and how 
often care and services will be provided or arranged. 
The plan shall be developed at the time of admission 
and shall be reviewed and updated at least semi­
annually or when the condition of the resident changes, 
or when the need arises. 
"Services" means activities or care provided by 
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§11-90-2 
the facility which assist the residents in developing 
appropriate skills to increase or maintain their level 
of functioning or which assist them in performing 
personal care or activities of daily living. 
"Social work services" means the professional 
activity of helping individuals, groups, or communities 
to enhance or restore their capacity for social 
functioning and to create societal conditions favorable 
to their goals. 
"Unlicensed assistive personnel" means an 
individual who is not licensed to practice nursing, but 
who provides tasks of nursing care in the State of 
Hawaii pursuant to chapter 457, HRS. 
"Waiver" means an exemption from a specific rule 
for a duration not longer than one year which may be 
permitted a facility, for a specified period of time, 
at the discretion of the director. 
Whenever the singular is 
may include the plural. [Eff 
---u-:,,. chapter it 
HRS §§321-1, 321-9, 321-10, 321-11(10), 
HRS §§321-9, 321-11(10), 321-15.1) 
] (Auth: 
321-15.1} (Imp: 
§11-90-3 Licensing. (a) The facility shall meet 
all requirements for licensure under state law. All 
assisted living facilities shall be licensed except 
those operated by the federal government. The licensee 
shall file an application with the director and the 
facility shall be licensed pursuant to this chapter 
prior to admitting residents. 
(b) The director or designated representative 
shall inspect each assisted living facility no less 
than every two years for relicensing. The director or 
designated representative, without prior notice, may 
enter the premises at any reasonable time to secure 
compliance with or to prevent a violation of this 
chapter. 
(c) Summary reports of licensing inspections 
shall be kept on file in the facility and shall be 
available upon request. 
(d) No facility licensed under the provisions of 
this chapter, shall deny admission to any individual on 
account of race, religion, ancestry, sexual 
orientation, or national origin. 
(e) The director shall prescribe the content and 
form of the license, and may authorize a waiver or 
§11-90-3 
waivers for a particular facility. 
(f) In the event of a change of name, location, 
ownership, or licensed occupancy, the director shall be 
notified fifteen days prior to the change; an 
inspection at the discretion of the director shall be 
conducted and, if the provisions of this chapter are 
met, a new license issued. 
(g) Every license shall continue in force for a 
period of no less than two years unless otherwise 
specified, or unless suspended or revoked. 
(h) Following inspection of the facility by the 
department, a list of deficiencies, if any, shall be 
presented to the facility. The facility shall return a 
plan of correction to the department within ten days 
that addresses each of the deficiencies identified by 
the department. Facilities shall be allowed a 
reasonable time to implement the plan of correction. A 
follow-up survey and inspection shall be made by the 
department to determine the progress in the plan of 
correction. If there has not been substantial progress 
in carrying out the plan of correction, the license 
shall not be renewed. At the discretion of the 
director, a provisional license may be issued. 
(i) The current license shall be posted in a 
conspicuous place visible to the public within the 
facility. A facility which has fulfilled the 
requirements of licensure shall be known as an assisted 
living facility and this designation shall be reflected 
on the facility's license. 
(j) The director may suspend, revoke, or refuse 
to issue a license for failure to comply with the 
requirements of this chapter, or for any cause deemed a 
potential hazard to the health and safety of the 
residents, employees, or the general public. Any 
person affected by the director's final decision of 
denial, suspension, or revocation may appeal in 
accordance with chapter 91, HRS. 
(k) An applicant for a license or relicensing may 
be denied a license or relicense for any of the 
following reasons: 
(1) Failure to meet requirements of this chapter; 
(2) Financial inability to operate and conduct 
the facility in accordance with these minimum 
standards and rules; 
(3) Conviction in a court of law; or 
(4) Had a substantiated finding of abuse, neglect 
90-7 
§11-90-3 
or misappropriation of resident funds or 
property in any civil action. 
(1) Penalties, hearing, and appeals. In addition 
to any other appropriate action to enforce this chapter 
pursuant to state law, the director may initiate 
procedures for invoking fines as provided in section 
321-20, HRS and to revoke the license after hearing 
held in accordance with chapter 91, HRS. 
Infractions which may require invoking the 
procedures in this subsection include, but are not 
limited to the operation of an assisted living facility 
without a license granted by the department or if 
substantive violations of this chapter are found as a 
result of routine or unannounced inspection of a 
facility which has a license. 
(m) Applicants for licensure or existing 
licensees applying for license renewal shall pay 
appropriate fees, as determined by the director. Prior 
notice of the amount of the fee shall be provided the 
licensee. 
(n) Separate buildings located contiguously and 
operated as an integrated unit by the same management 
are not required to have separate licenses. Distinct 
staffing plans are required for each building and must 
be approved in advance by the department. 
(o) Applications for licensure shall be made to 
the department on a form provided by the department and 
shall include full and complete information as follows: 
(1) Identity and financial interest of any 
person, including stockholders, who have 
ownership in the facility representing an 
interest of ten per cent or more in such 
assisted living facility; 
(2) Each officer and director of the corporation 
if the facility is organized as a 
corporation, each general partner if the 
facility is organized as a partnership, or 
the governing body if the facility is 
government owned; 
(3) A summary of all lease, management, and sales 
agreements and contracts relative to the 
direct operation and ownership of the 
facility. The applicant shall provide a copy 
of any of the above, if requested by the 
department; 
(4) Name of the administrator of the facility and 
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§11-90-4 
a list of three references; 
(5) Location (address) of the facility and 
mailing address; 
(6) Maximum number of residents to be served at 
any one time; 
(7) Information and supporting documentation 
regarding qualifications and training of 
staff as required in these rules; 
(8) Verification of evacuation capacity 
designation for fire and life safety 
protection; 
(9) Proposed annual budget identifying sources of 
revenue; and 
(10) Evidence that the premises comply with state 
and county building, housing, fire, and other 
codes, ordinances, and laws for the type of 
occupancy to be licensed. Compliance shall 
include but not be limited to the following: 
(A) Occupancy requirement of the county 
building code; 
(B) Applicable zoning ordinance of the 
county; 
(C) The obtainment of a use permit if 
required by the county; and 
(D) Applicable state laws and administrative 
rules relating to sanitation, health, 
and e 'ronmental safety. 
[Eff G 2 3 1999 ] (Auth: HRS 
§§321-1, 321-9, 321-10, 321-11(10), 
321-15.1) (Imp: HRS §§321-9, 321-11(10), 
321-15.1) 
§11-90-4 Minimum building and structural 
reauirements. The facility shall provide each resident 
with the following: 
(1) Apartment unit with a bathroom, refrigerator, 
and cooking capacity, including a sink; 
(2) The unit shall be a minimum of 220 square 
feet, not including the bathroom; 
(3) The cooking capacity may be removed or 
disconnected depending on the individual 
needs of the resident; 
(4) The unit shall have a separate and complete 
bathroom with a sink, shower, and toilet; 
(5) The unit shall accommodate physically 
90-9 
§11-90-4 
challenged persons and persons in 
wheelchairs, as needed; 
(6) The unit shall have a call system monitored 
24-hours a day by facility staff; 
(7) The unit shall be wired for telephone and 
television; 
(8) Access to common areas such as activity 
rooms, lounges, dining rooms, and laundry; 
and 
(9) Private accessible mailbox in which the 
resident may send and receive mail, which 
meets~9~tal standards. 
[Eff AUb 231999 ) (Auth: HRS §§321-1, 
321-9, 321-10, 321-11(10), 321-15.1) (Imp: 
HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-5 Emergency care and disaster planning. 
(a) There shall be written policies and procedures to 
follow in an emergency which shall include provisions 
for the following: 
(1) Arranging for rapid primary care provider 
attention or arranging for other available 
assistance; 
(2) Transportation arrangements for 
hospitalization or other services which are 
appropriate; 
(3) Maintenance of an appropriate first aid kit 
for emergency use; and 
(4) Quarterly rehearsal of emergency evacuation 
plans for staff and residents to follow in 
case of fire, explosion, or other civil 
emergency occurring in or within the environs 
of the facility. 
(b) The facility shall develop and maintain a 
written disaster preparedness plan to be followed in 
case of emergency or disaster. A copy of the plan 
shall be readily available at all times within the 
facility. Such plan shall include procedures for 
evacuating all individuals in the facility, which shall 
include the following: 
(1) Provisions for evacuating residents with 
impaired mobility or cognitive impairments; 
(2) Provisions for transporting all of the 
residents of the facility to a predetermined 
appropriate facility or facilities that will 
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§11-90-7 
accommodate all the residents of the facility 
in case of a disaster requiring evacuation of 
the facility; and 
(3) A written transfer agreement, renewed every 
two years, with the appropriate facility or 
facilities for accommodating all of the 
residents of the facility in case of a 
dis~s~er requiri~~ 1~vfl~u~hh@ of the 
facility. [Eff AUO ;:t 3 i!,8~ J (Auth: HRS 
§§321-1, 321-9, 321-10, 321-11(10), 321-15.1) 
(Imp: HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-6 General policies, practices, and 
administration. (a) The administrator or director of 
the assisted living facility shall: 
(1) Have at least two years experience, in a 
management capacity, in the housing or health 
care services or personal care industries, or 
any combination thereof; 
(2) Show evidence of having completed an assisted 
living facility administrator's course or 
equivalent course acceptable to the 
department; and 
(3) Be accountable for providing training for all 
facility staff in provision of services and 
principles of assisted living. 
(b) All facility staff shall be in compliance 
with current department tuberculosis clearance 
procedures. 
(c) All staff shall be trained in cardiopulmonary 
resuscitation and first aid. 
(d) The facility shall have written policies and 
procedures which incorporate the assisted living 
principles of individuality, independence, dignity, 
home-like environment. 
] (Auth: HRS §§321-1, 321-9, 
3 21-10 , 3 21- 1 ( 10) , 3 21-15 . 1) (Imp: HRS § § 3 21-9 , 
321-11(10), 321-15.1) 
§11-90-7 Inservice education. There shall be a 
staff inservice education program for the entire staff 
that includes: 
(1) Orientation for all new employees to acquaint 
them with the philosophy, organization, 
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§11-90-7 
practice, and goals of assisted living; and 
(2) Ongoing inservice training on a regularly 
scheduled basis (minimum of six hours 
annually) . [ Eff AUG 2 J (Auth: HRS 
§§321-1, 321-9, 321-10, (10), 321-15.1) 
(Imp: HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-8 Range of services. (a) Service plan. 
(1) The assisted living facility staff shall 
conduct a comprehensive assessment of each 
resident's needs, plan and implement 
responsive services, maintain and update 
resident records as needed, and periodically 
evaluate results of the plan. The plan shall 
reflect the assessed needs of the resident 
and resident choices, including resident's 
level of involvement; support principles of 
dignity, privacy, choice, individuality, 
independence, and home-like environment; and 
shall include significant others who 
participate in the delivery of services; 
(2) A service plan shall be developed and 
followed for each resident consistent with 
the resident's unique physical, 
psychological, and social needs, along with 
recognition of that resident's capabilities 
and preferences. The plan shall include a 
written description of what services will be 
provided, who will provide the services, when 
the services will be provided, how often 
services will be provided, and the expected 
outcome. Each resident shall actively 
participate in the development of the service 
plan to the extent possible; 
(3) The initial service plan shall be developed 
prior to the time the resident moves into the 
facility and shall be revised if needed 
within 30 days. The service plan shall be 
reviewed and updated by the facility, the 
resident, and others as designated by the 
resident at least annually or more often as 
needed; and 
(4) The facility shall designate a staff member 
to review, monitor, implement, and make 
appropriate modifications to the service plan 
90-12 
for each resident. 
(b) Services. 
§11-90-8 
(1) The assisted living facility shall provide 
the following: 
(A) Twenty-four hour on-site direct staff to 
meet the needs of the residents; 
(B) Three meals daily, seven days a week, 
including modified diets and snacks 
which have been evaluated and approved 
by a dietitian on a semi-annual basis 
and are appropriate to residents' needs 
and choices; 
(C) Laundry services to the extent that the 
resident is unable to perform these 
tasks for himself or herself; 
(D) Opportunities for individual and group 
socialization; 
(E) Services to assist the resident in 
performing all activities of daily 
living, including bathing, eating, 
dressing, personal hygiene, grooming, 
toileting, and ambulation; 
(F) Nursing assessment, health monitoring, 
and routine nursing tasks, including 
those which may be delegated to 
unlicensed assistive personnel by a 
currently licensed registered nurse 
under the provisions of the state Board 
of Nursing; and 
(G) Household services essential for the 
health and comfort of the resident (e.g. 
floor cleaning, dusting, bed making, 
etc.) . 
(2) The assisted living facility shall also have 
the capability to provide or arrange access 
to the following services: 
(A) Transportation for medical and social 
appointments; 
(B) Ancillary services for medically related 
care (e.g. physician, pharmacist, 
therapy, podiatry, etc.), barber or 
beauty care services, social or 
recreational opportunities, and other 
services necessary to support the 
resident; 
(C) Services for residents who have behavior 
90-13 
§11-90-8 
problems requiring ongoing staff 
support, intervention, and supervision; 
(D) Social work services; and 
(E) Maintenance of a personal fund account 
for residents showing deposits and 
withdrawals. 
(3) The assisted living facility shall have 
policies and procedures relating to 
medications to include but not be limited to: 
(A) Self-medication: 
(i) Residents must have physician or 
prescribing advanced practice 
registered nurse's written order of 
approval for self-medication of 
prescription medications; 
(ii) Residents able to handle their own 
medication regimen may keep 
prescription medications in their 
unit; 
(iii) Residents may keep and use over­
the-counter medications in their 
unit without a written order unless 
otherwise indicated by a physician 
or prescribing advanced practice 
registered nurse's written orders; 
(iv) If more than one resident resides 
in the unit, an assessment shall be 
made of each person's ability to 
safely have medications in the 
unit. If safety is a factor, the 
medication shall be kept in a 
locked container in the unit; and 
(v) Residents who self-medicate with 
prescription drugs or maintain 
over-the-counter drugs in their 
units shall have all their 
medications reviewed by either a 
registered pharmacist, registered 
nurse, or physician at least every 
90 days. 
(B) Administration of medication: 
(i) Prescription and non-prescription 
medications which the facility has 
responsibility for administering to 
a resident must be identified in 
the resident's record and must be 
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§11-90-9 
prescribed in writing for the 
resident by a physician or 
prescribing advanced practice 
registered nurse; and 
(ii) The facility shall provide and 
implement policies and procedures 
which assure that all medications 
administered by the facility are 
reviewed at least once every 90 
days by a registered nurse or 
physician, and is in compliance 
with applicable state laws and 
administrative rules. 
(4) Recreational or social activities are to be 
made available to residents on a daily basis. 
(c) Licensed nursing staff shall be available 
seven days a week to meet the care managel\~~t 
monitoring needs of the residents. [Efff\UO J 
(Auth: HRS §§321-1, 321-9, 321-10, 321-11(10), 
321-15.1) (Imp: HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-9 Record and reports system. (a) The 
facility shall establish policies and procedures to 
maintain a system of records and reports which shall 
include the following: 
(1) Copy of a current physician or primary care 
provider's report of resident's physical 
examination which includes tuberculosis 
clearance and verification that the resident 
is free from other infectious or contagious 
diseases; 
(2) Service plan; 
(3) Contracts or other documents which set forth 
details of services to be delivered, charges, 
and other conditions agreed to between the 
resident and the facility; and 
(4) Incident reports of any bodily injury or 
other unusual circumstances affecting a 
resident which occurs within the facility, on 
the premises, or elsewhere, shall be retained 
by the facility under separate cover, and be 
available to authorized personnel and the 
department. The resident's physician or 
primary care provider shall be called 
immediately if medical care is necessary or 
90-15 
§11-90-9 
indicated. 
(b) The facility records and reports shall be 
available for review at any time by authoriz 
personnel and the department. [Eff AUG 2 3 J 
(Auth: HRS §§321-1, 321-9, 321-10, 321-11(10, 
321-15.1) (Imp: HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-10 Admission and discharge. (a) The 
facility shall develop admission policies and 
procedures which support the principles of dignity and 
choice. The admissions process shall include 
completion of or the providing of the following: 
(1) A service listing which details the services 
available, the base rates, the services 
included in the base rate, and the fees for 
all other additional services. A service 
listing shall also describe services which 
the facility does not provide, but will 
assist to arrange or coordinate; 
(2) Handbook or house rules which state the 
assisted living philosophy and clearly define 
the privileges and responsibilities of the 
resident and the conditions under which 
apartment units may be occupied by the 
residents; 
(3) A service plan for the resident developed by 
facility staff with the resident and 
significant others, specifying care and 
services to be provided, based on resident 
needs and choices; 
(4) A service contract which documents a 
completed agreement between the resident and 
the facility, describing services to be 
provided, rates charged, and conditions under 
which additional services or fees may be 
charged; 
(5) The resident shall be informed of his or her 
rights, including steps for complaints and 
appeals upon admission; and 
(6) Designation of alternative decision-maker or 
legal representative. 
(b) The facility shall develop discharge policies 
and procedures that include, but not be limited to, the 
following: 
(1) Residents shall receive a written 14 day 
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( 
§11-90-11 
notice when: 
(A) Resident's behavior imposes an imminent 
danger to self or others; 
(B) The facility cannot meet the resident's 
needs wi th available support services or 
services are not available; and 
(C) Resident or responsible person has a 
documented established pattern in the 
facility of not abiding by agreements 
necessary for assisted living; or 
(2) Residents shall receive a written notice 
when: 
(A) The facility has had its license 
revoked, not renewed, or voluntarily 
surrendered; or 
(B) Non-payment of charges by the resident. 
(3) Residents shall be given the opportunity of 
an informal conference if requested, in 
writing, within 10 days of receip t of 
discharge notice. The purpose of the 
conference is to determine if a satisfactory 
resolution can be reached. Participants in 
the conference may include the facility 
representative, the resident, and others as 
designated by the resident, a family member, 
or al \ ok these indi victuals. 
[Eff AUo 2 3 1999 ] (Auth: HRS §§321-1, 
321-9, 321-10, 321-11(10), 321-15.1) (Imp: 
HRS §§321-9, 321-11(10), 321-15.1) 
§11-90-11 Severability. If any provision of this 
chapter or the application thereof to any person or 
circumstance is held invalid, the remainder of this 
chapter, or the application of the provision to other 
persons or circUJ1) 9ha Rc&srg fit-Q.all not be affected 
thereby. [Eff AUb ,J ~~ J (Auth: HRS §§321-1, 
321-9, 321-10, 321-11(10), 321-15.1) (Imp: HRS §§321-9, 
321-11(10), 321-15.1) ,, 
90-17 
221!