39-3309. NEGOTIATED SERVICE AGREEMENT. (1) Each resident shall be provided a negotiated service agreement to provide for coordination of services and for guidance of the staff and management of the facility where the person resides. Upon completion, the agreement shall clearly identify the resident and describe the services to be provided to the resident and how such services are to be delivered. The negotiated service agreement shall be reviewed at least annually and upon any change in a diagnosis for the resident or other condition requiring substantially different additional or replacement services.

(2) A negotiated service agreement shall be based on the person’s:

(a) Assessment;

(b) Service needs for activities of daily living;

(c) Need for limited nursing services;

(d) Need for medication assistance;

(e) Frequency of needed services;

(f) Level of assistance, i.e., standby, reminding, total;

(g) Signature and approval of agreement; and

(h) Signing date that the plan was approved and date plan will be reviewed.

(3) The administrator shall consult the resident, the resident’s family, friends, case manager and/or consumer coordinator, as necessary, in the development of the resident’s service agreement.

(4) A copy of the agreement shall be given to the resident and a copy placed in the resident’s records file no later than two (2) weeks from admission.

(5) A resident shall be given the choice and control of how and what services the facility shall provide, or external vendors shall provide, to the extent the resident can make choices, so long as the resident’s choice does not violate the provisions of section 39-3307(1), Idaho Code.

(6) On an exception basis, a record shall be made of any changes or inability to provide services outlined in the negotiated service agreement.

(7) The agreement shall include a statement regarding when there is no need for access to external services.

(8) There shall be documentation of refusal of certain treatments by competent resident or legal health care representative.

History:

[39-3309, added 1996, ch. 207, sec. 7, p. 637; am. 2005, ch. 280, sec. 11, p. 886.]