10. Rule 5.20, on the right to refuse treatment or services, for assisted living programs and the corresponding rules for residential care must be changed to delete reference to ensuring that a consumer receives necessary services and to include instead reference to encouraging the consumer to receive necessary services.

11. Rule 5.26, on reasonable modifications and accommodations, for assisted living programs and the corresponding rules for residential care must be changed to provide that the responsibility for reasonable modification and accommodation applies to the licensee, who may permit modification directly or through an agreement with the property owner.

12. Rule 5.28, on the right to appeal an involuntary transfer or discharge, for assisted living programs and the corresponding rules for residential care must be changed to allow appeal of a transfer or discharge for reasons of nonpayment and to provide an expedited appeal.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.