(1) Adult residential care is a residential habilitation option for a person residing in an adult foster home, a residential hospice, or an assisted living facility.

(2) Adult residential care may include:

(a) personal care services as specified at ARM 37.40.1101(1) through (5);

(b) homemaking as specified at ARM 37.90.437;

(c) social activities;

(d) recreational activities;

(e) medication oversight; and

(f) assistance in arranging transportation for medical care.

(3) Adult residential care must provide for 24 hour on site response staff to meet scheduled or unpredictable needs of consumers and to provide supervision of consumers for safety and security.

(4) A consumer of adult residential care may not receive the following services through the program:

(a) personal assistance as specified at ARM 37.90.431;

(b) homemaking services as specified at ARM 37.90.437;

(c) respite care as specified at ARM 37.90.438;

(d) medical alert personal emergency response system as specified at ARM 37.90.448; and

(e) nutrition as specified in ARM 37.90.446.

(5) Adult residential care facilities must be licensed by the state of Montana.

(6) A provider of adult residential care must report serious occurrences, as defined in ARM 37.90.403, to the department.