Section 295.2070  Negotiated Risk Agreement

a)         The negotiated risk agreement, if any, shall be signed by the resident or the resident's representative and the licensee and shall describe the following:

1)         The problem, issue or service that is the subject of the agreement;

2)         The choices available to the resident, as well as the major risks and consequences associated with each choice;

3)         The resulting agreement;

4)         The responsibilities of the establishment and the resident and any other involved individual; and

5)         A time frame for review.

b)         The negotiated risk agreement may be negotiated or renegotiated at any time during the resident's stay in the establishment and may initiate a reevaluation of the service delivery plan.

c)         A negotiated risk agreement shall be limited to a resident's individual care and personal environment.

d)         A negotiated risk agreement shall not create a risk to the health, safety, or welfare of other residents and shall not infringe upon the rights of other residents.

e)         A negotiated risk agreement shall not waive the requirements of this Part.