The facility shall purchase a surety bond, or provide self-insurance, to assure the security of all personal funds of residents deposited with the facility. (r) dental services, on either a staff or fee-for-service basis, as administered by or under either the personal or general supervision of a licensed and currently registered dentist; (viii) apply the following restrictions to the admission and retention of residents: (a) residents under 16 years of age shall be admitted only to a nursing home area approved for such occupancy by the department and separate and apart from adult residents; (b) prenatal, intrapartum or postpartum, and maternity patients shall not be admitted; (c) residents identified and assessed to need nursing home care shall not be barred from admission or retention solely on the basis that they are also maintained on alcohol or substance abuse treatment programs; and. The facility shall provide comprehensive and coordinated health services and the operator must provide or make arrangements for: case management services; substance abuse services, if appropriate; mental health services; HIV prevention and counseling services; pastoral counseling; TB screening and on-going follow up, and specialized medical services including gynecology, as needed. (xii) maintain a centralized log on the receipt and disposition by the facility of persons referred for admission. (2) The state-approved feeding assistant training program shall include, but not be limited to, training in the following content areas: (iii) Safety and emergency procedures, including Heimlich Maneuver; (iv) Communications and interpersonal skills; (vi) Appropriate response to resident behavior; (vii) Assistance with eating and hydration; and. Scheduled short term nursing home care provided on a temporary basis to an individual who needs this level of care, but who is normally cared for in the community. On November 28, 2019, skilled nursing facilities (SNF) and . Terminal illness is defined as a medical life expectancy of six months or less if the illness runs its normal course. The administrator shall set an example for all staff members, consultants and others affiliated with the facility which recognizes that the institution exists to serve the interests of and the needs of the residents, which emphasizes the importance of a resident's right to independence regarding all aspects of institutional life and encourages residents to participate together with staff in resolving conflicts and problems which frequently arise in a group residential setting. (ii) The facility shall be notified by the Department within 90 days of the submission of the program whether the program has been approved, disapproved or additional information is required. (e) written admission policies which specifically state the criteria used in making admission decisions. Federal legislation (the Omnibus Budget Reconciliation Act of 1987) and associated regulations (42 CFR 483.152) require that Medicare- and Medicaid-certified nursing homes employ nurse aides who are trained and evaluated through training programs approved by their states. . Any brief statement not exceeding 150 words by the nurse aide disputing the findings shall also be included in the report, provided that any such statement containing the names of any resident or complainant shall be returned to the submitting individual and shall not be reported to the registry. If the nursing home does not employ a qualified professional person to furnish a specific service to be provided by the facility, the nursing home shall have that service furnished to residents by a qualified person or agency outside the facility in accordance with the following: (1) The operator shall enter into written agreement with the outside resource which shall comply with the provisions of this section and section 400.4 of this Title and shall: (i) specify that the operator retains professional and administrative responsibility for obtaining services that meet professional standards and principles that apply to professionals providing services in such a facility; (ii) require that such services are provided on a timely basis; (iii) set forth the responsibilities, function, objectives and terms of the agreement, including financial arrangements and charges of each such outside resource; and, (iv) be signed by an authorized representative of the facility and the person or the agency providing the service; and. A physical therapist assistant is a licensed health care professional who provides treatment according to a plan developed by and under the supervision of a licensed physical therapist to assist in providing physical therapy services. A certificate of completion for each in-service is included to document participant training hours, as is a checklists to help providers conduct audits of learned material. The goal of scheduled short term care is to provide relief for the caregiver(s) while providing nursing home care for the individual. The nature and duration of the medical exemption must be stated in the employee's employment medical record and must be in accordance with generally accepted medical standards, (see, for example, the recommendations of the American Academy of Pediatrics and the Immunization Practices Advisory Committee of the U.S. Department of Health and Human Services). As a minimum, the performance record shall include the following: (a) a listing of the measurable performance criteria for each duty and skill expected to be learned in the program; (b) an entry showing satisfactory or unsatisfactory performance; (d) the name of the instructor supervising the performance. (2) In accordance with policies and procedures governing misappropriation of resident property, the nursing home shall: (i) ensure that upon receipt of an allegation of misappropriation as submitted by the resident, designated representative, other individual or source, an investigation of the matter shall be undertaken not later than 48 hours after receipt; (ii) maintain a log containing information regarding the receipt, review, investigation, and disposition of every allegation of misappropriation of resident's property including the name of the complainant and the resident, a description of the personal property involved, and staff designated to conduct the review and investigation; (iii) notify the resident and complainant in writing as to the findings upon disposition of the allegation; (iv) notify the appropriate police agency when the results of the investigation indicate there is reasonable cause to believe that a resident's personal property valued at more than two hundred fifty (250) dollars has been misappropriated or may elect to make such notification when the resident's personal property is valued at less than that amount; (v) monitor the status of all referrals to a police agency on a regular basis but not less often than quarterly; and. The resident must be capable of exhibiting at least localized responses by reacting specifically but inconsistently to stimuli; education and counseling services are available and offered to the residents and families. (1) The feeding assistant training program shall consist of a minimum of 15 hours of education and training and must include all of the topics and lessons specified in the state-approved feeding assistant training program curriculum. Nursing homes and adult care facilities must facilitate vaccinations for all residents. The head-injury program shall be designed specifically to serve medically stable, traumatically brain-injured individuals with an expected length of stay from 3 to 12 months. (c) for residents in general hospitals and residing in the community, the SCREEN, as specified in section 400.12 of this Title, performed prior to admission to the nursing home shall not be completed by personnel of a residential health care facility, except where a certified home health agency or other appropriate community-based assessor has been contacted by the resident or the resident's designated representative, for the purpose of completing the SCREEN, and has not completed the SCREEN within 48 hours; (ii) accept and retain only those nursing home residents for whom it can provide adequate care; (iii) admit each resident only after a pre-admission personal interview with the resident's physician, the resident, his or her next of kin and/or sponsor, as appropriate, except that a telephone interview may be substituted when a personal interview is not feasible, and a summary of all interviews shall be recorded on the resident's chart or other appropriate record; (iv) maintain a written record of all financial arrangements with the resident, his or her next of kin and/or sponsor, with copies executed by and furnished to each party; (v) make no arrangement for prepayment for basic services exceeding three months; (vi) assess no additional charges, expenses or other financial liabilities in excess of the daily, weekly or monthly basic rate except; (a) upon express written approval and authority of the resident, next of kin or sponsor; (b) upon express written orders of the resident's personal, alternate or staff physician stipulating specific services and supplies not included as basic services; (c) upon 30 days' prior written notice to the resident or designated representative, of additional charges, expenses or other financial liabilities due to the increased cost of maintenance and/or operation of the nursing home; and, upon request of the resident, designated representative or of the department, financial and statistical supportive evidence sufficient to reflect such change in economic status shall be provided; or. In addition, 10 million men and women are abused by an intimate partner every year. A resident admitted for coma management shall be a person who has suffered a traumatic brain injury with structural non-degenerative brain damage, and is in a coma. (j) Misappropriation of resident property. (1) basic nutritional requirements for foods and fluids; (ii) feeding the resident who needs assistance; and. All personnel making such report shall be referred to an appropriate health care professional for assessment of the risk to residents and personnel. Half of all nursing home attendants have admitted abusing or neglecting elderly patients at some point in their careers, according to research from 2010.The elderly are some of the most vulnerable members of our society, and the law has certain safeguards in place in order to help prevent such abuses. (i) train all employees in emergency procedures when they begin to work for the facility; (ii) periodically, but at least annually review the written plan with existing staff; and. Residents shall be assessed as to their ability to be discharged to home or to a home-like setting with or without supportive services. Those services included in the daily rate. The application shall contain a verified current balance sheet and a description of the facility's cash position, including as cash such cash equivalents as certificates of deposit and treasury bills. The nurse aide training program shall include stated goals, objectives, and measurable performance criteria specific to the curriculum subject material, the resident population and the purpose of the facility, and shall be consistent with the curriculum outlined below. The Centers for Medicare & Medicaid Services (CMS) issued the mandate in 2016 and gave facilities three years to become compliant. The facility shall establish and maintain a system that assures a full and complete and separate accounting, according to generally accepted accounting principles, of each resident's personal funds entrusted to the facility on the resident's behalf. (c) explicit advice to potential residents of their right to nondiscriminatory treatment in admissions; (d) the training of admission personnel in the requirements of Federal and State anti-discrimination laws listed above; and. (a) The system shall preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident. Copies of such statues are also available for public inspection and copying at the Records Access Office, Department of Health, Tower Building, Empire State Plaza, Albany, NY 12237. Schedules for scheduled short term care are generally pre-arranged and shall be limited to one or more periods of from one to 30 days and shall not exceed 42 days in any one year except in extraordinary circumstances, such as sudden illness of the primary caregiver or temporary unfitness of the individual's principal residence. The operation and utilization of the waiting list shall be described in the written admission policies; (xi) furnish to all hospitals within the long-term care planning area and to any hospital, referral agency, or individual upon request a copy of the facility's admission policies; and. 2:2 NURSING HOME RESIDENT'S RIGHTS DIGNITY AND RESPECT The resident has the right to: be treated with dignity, respect and consideration at all times; privacy in the treatment and care of your personal needs; choose activities, schedules and health care consistent with your interests and plan of care; communicate with and have access to people and services inside The log shall contain for each referral a patient identifier, and indicate the race, sex, color, national origin of the referral, the date of referral, referring hospital or agency, and date and type of disposition of referral by the facility. Such policies and procedures shall be coordinated with the process governing the handling of complaints as set forth in section 415.3 of this Part. Occupation therapy is provided by an occupational therapist that is a licensed rehabilitation care professional, which works to restore or improve physical abilities, promote behavioral changes, adapt surroundings, and teaches new skills; the goal is to have the individual achieve her or his best physical and/or mental functioning in daily life tasks. About Nursing Home Services Baseline Services Those services included in the daily rate. (b) The Department may require employment greater than 12 hours per week based on: (2) the history and nature of any operating deficiencies; and. Background. The operator shall implement nurse aide recertification in accordance with the following: (i) The required documentation shall be provided in the form indicated by the Department to each nurse aide who either currently works for or last worked for compensation as a nurse aide in the facility; (ii) A fee shall not be charged by the operator to any nurse aide for any cost associated with recertification; (iii) The recertification fee for each nurse aide who either currently works for or last worked for compensation as a nurse aide in the facility shall be paid by the operator except that the nurse aide staffing agency or employment organization which currently employs the nurse aide may pay this fee; and. Safety in the Community Materials Test Infection Control Materials Test Adult and Child Abuse Materials Test Fire Safety Materials Test This poster is available from the State Division of Human Rights, 55 West 125 Street, New York, NY 10027. Quality of life achieved. A state-by-state analysis of training requirements for home health aides in regards to the federally-required minimum of 75 hours. Public Health Law, Sections 2803(2), 2803(6), 2803-c and 2803-h, Three, Five, Ten and Fifteen Year Regulation Review, SubChapter A - Medical Facilities--Minimum Standards, Part 415 - Nursing Homes - Minimum Standards, Part 300 - Statewide Health Information Network for New York (SHIN-NY), Section 300.3 - Statewide collaboration process and SHIN-NY policy guidance, Section 300.5 - Sharing of Patient Information, Section 300.6 - Participation of health care facilities, Part 360 - Surge and Flex Health Coordination System Activation During a State Disaster Emergency Declaration, Section 360.1 - Administrative Purpose, Application and Scope, Section 360.2 - Surge and Flex Health Care Coordination System Requirements, Section 360.3 - Hospital emergency Surge and Flex Response Plans, Section 360.4 - Clinical laboratory testing, Part 400 - All Facilities--General Requirements, Section 400.2 - Other laws, codes, rules and regulations, Section 400.3 - Inspection, reproduction and reports, Section 400.5 - Statements or bills for health services, Section 400.6 - Identification of personnel delivering health care services, Section 400.7 - Facility participation in title XVIII program, Section 400.8 - Exception, construction standards, Section 400.9 - Transfer and affiliation agreements, Section 400.10 - Health Provider Network Access and Reporting Requirements, Section 400.11 - Assessment of long-term care patients, Section 400.13 - Forms (Hospital/Community Patient Review Instrument), Section 400.14 - Request for patient review instrument (PRI) data, Section 400.15 - The role of the licensed practical nurse in intravenous therapy procedures, Section 400.17 - Compliance with application conditions, Section 400.18 - Statewide Planning and Research Cooperative System (SPARCS), Section 400.19 - Withdrawal of equity or assets, Section 400.22 - Statewide perinatal data system, Section 400.24 - Charges in connection with certain health care facility financings, Section 400.25 - Disclosure of nursing quality indicators, Part 401 - All Facilities--Operating Certificates, Section 401.1 - Issuance of operating certificates, Section 401.2 - Limitations of operating certificates, Section 401.3 - Changes in existing medical facilities, Section 401.4 - Review of operating certificate determinations, Part 402 - Criminal History Record Check, Section 402.5 - Requirements Before Submitting a Request for a Criminal History Record Check, Section 402.6 - Criminal History Record Check Process, Section 402.7 - Department Criminal History Review, Section 402.8 - Notifications of Criminal Charges or Convictions Incurred Subsequent to Hiring, Section 402.9 - Responsibilities of Providers; Required Notifications, Section 403.4 - Responsibilities of State Approved Education or Training Programs, Section 403.5 - Responsibilities of Home Care Services Entities, Section 403.6 - Responsibilities of Home Care Services Workers, Part 404 - Integrated Outpatient Services, Section 404.6 - Organization and Administration, Section 404.9 - Integrated Care Services, Section 404.11 - Quality Assurance, Utilization Review and Incident Reporting, Section 404.14 - Application and Approval, Section 405.6 - Quality assurance program, Section 405.14 - Respiratory care services, Section 405.15 - Radiologic and nuclear medicine services, Section 405.17 - Pharmaceutical services, Section 405.18 - Rehabilitation services, Section 405.22 - Critical care and special care services, Section 405.23 - Food and dietetic services, Section 405.25 - Organ and tissue donation (anatomical gifts), Section 405.27 - Information, policy and other reporting requirements, Section 405.30 - Organ and Vascularized Composite Allograft Transplant Services/Programs, Section 405.31 - Living donor transplantation services, Section 405.33 Screening mammography services, Part 406 - Rural Hospital Swing Bed Demonstration, Section 406.3 - Admission, patient assessment, planning and services, Section 406.4 - Transfer and affiliation agreements, Part 407 - Primary Care Hospitals - Minimum Standards, Section 407.2 - Designation of PCHs and CAHs, Section 407.5 - Administrative requirements, Section 407.6 - Quality assurance and utilization review, Section 407.8 - Medical/professional staff, Section 407.10 - Primary care related inpatient and outpatient services, Section 407.11 - Clinical and ancillary support services, Section 407.13 - Environmental health and infection control, Part 408 - Central services facility rural health networks (CSFRHN), Section 408.2 - Network Operational Plans (NOP), Section 408.4 - Supervision by the commissioner, Part 410 - Scheduled Short Term Care In A Nursing Home, Section 410.3 - Service approval and physical space, Part 411 - Ombudsmen Access To Residential Health Care Facilities, Part 412 - Reporting Information For Inspections, Section 412.1 - Facility-supplied information required, Section 412.2 - Certification by operator or administrator, Part 414 - Nursing Homes - Continuous Violation Penalties, Section 414.2 - Criteria for continuous violation penalties, Section 415.4 - Resident behavior and facility practices, Section 415.11 - Resident assessment and care planning, Section 415.13 - Nursing services and Minimum Nursing Staff Requirements, Section 415.16 - Rehabilitative services, Section 415.20 - Laboratory and blood bank, Section 415.21 - Radiology and other diagnostic services, Section 415.26 - Organization and administration, Section 415.27 - Quality assessment & assurance, Section 415.28 - Disclosure of ownership, Section 415.31 - New York State RHCF nurse aide registry, Section 415.32 Weekly bed census data survey, Section 415.34 Minimum Direct Resident Care Spending, Section 415.36 - Long-term inpatient rehabilitation program for head-injured residents, Section 415.37 - Services for residents with Acquired Immune Deficiency Syndrome(AIDS), Section 415.38 - Long-term ventilator dependent residents, Section 415.39 - Specialized programs for residents requiring behavioral interventions, Section 415.40 - Extended care of residents with traumatic brain injury, Section 415.41 Specialized Programs for Residents with Neurodegenerative Diseases, Part 420 - Comprehensive Ambulatory HIV Programs, Section 420.2 - Approval to provide services, Article 6 - Skilled Nursing And Health Related Services, Non-Occupants General, Section 425.3 - Changes in existing program, Section 425.4 - General requirements for operation, Section 425.5 - Adult day health care services, Section 425.6 - Admission, continued stay and registrant assessment, Section 425.8 - Registrant continued-stay evaluation, Section 425.11 - Food and nutrition services, Section 425.13 - Rehabilitation therapy services, Section 425.15 - Religious services and counseling, Section 425.17 - Pharmaceutical services, Section 425.18 - Services for registrants with Acquired Immune Deficiency Syndrome (AIDS) and other high-need populations, Section 425.21 - Confidentiality of records, Article 7 - Home Health Agencies; Treatment Centers And Diagnostic Centers, Part 430 - Licensed Home Care Services Agencies And Certified Home Health Agencies, Part 431 - Treatment Centers and Diagnostic Centers, Article 8 - New York State Annual Hospital Report, Section 441.15 - Accumulated depreciation, Section 441.20 - Additional (paid-in) capital, Section 441.36 - Average daily inpatient census, Section 441.43 - Bed complement (beds available), Section 441.45 - Blood bank transfusions, Section 441.46 - Board-designated assets, Section 441.61 - Certified bed days available, Section 441.66 - Comprehensive inpatient rehabilitation service, Section 441.76 - Critical care units (type I), Section 441.77 - Critical care units (type II), Section 441.80 - Daily hospital services, Section 441.83 - Date of change in certified bed capacity--decrease, Section 441.84 - Date of change in certified bed capacity--increase, Section 441.86 - Deductions from revenue, Section 441.87 - Deferral (or deferment), Section 441.94 - Direct assignment of cost, Section 441.105 - Emergency service category 4--basic emergency services, Section 441.106 - Emergency services category 3--general emergency services, Section 441.107 - Emergency services category 2--major emergency hospital, Section 441.108 - Emergency services category 1--comprehensive emergency medical services, Section 441.129 - Financial Accounting Standards Board (FASB), Section 441.131 - Financially indigent patient, Section 441.134 - Fixed cost (or expense), Section 441.136 - Full-time equivalent employees (FTE), Section 441.148 - Funds held in trust by others, Section 441.159 - Gross charges (gross revenue), Section 441.168 - Hospital-based physician, Section 441.186 - Investor-owned (proprietary) hospital, Section 441.202 - Medical staff classification--associate, Section 441.203 - Medical staff classification--attending, Section 441.204 - Medical staff classification--consulting, Section 441.205 - Medical staff classification--courtesy, Section 441.206 - Medical staff classification--house staff (paid staff), Section 441.208 - Mentally disordered patient, Section 441.210 - Neonatal intensive care unit, Section 441.215 - Nine-C (IX-C) corporation, Section 441.219 - Non-revenue-producing cost centers, Section 441.220 - Nonroutine maintenance and repairs, Section 441.228 - Operating income (or profit), Section 441.231 - Organization cost (or expense), Section 441.233 - Other operating revenue, Section 441.239 - Oxygen therapy minutes, Section 441.243 - Part A and Part B services, Section 441.244 - Patient care services revenue, Section 441.251 - Periodic interim payment (PIP), Section 441.260 - Plant replacement and expansion funds, Section 441.267 - Prior-period adjustment, Section 441.269 - Professional component, Section 441.273 - Psychiatric inpatient service, Section 441.274 - Psychiatric night care, Section 441.275 - Radiology diagnostic films, Section 441.276 - Real estate (or property), Section 441.296 - Responsibility accounting, Section 441.298 - Retained earnings (or income), Section 441.300 - Retirement of indebtedness funds, Section 441.303 - Revenue-producing cost centers, Section 441.306 - Self-responsible (self-pay) patient, Section 441.308 - Share of pooled investments, Section 441.311 - Specific purpose funds, Section 441.313 - Standard unit of measure, Section 441.316 - Straight-line method of depreciation. (ii) Instructor shall mean the person who is assigned the educational responsibility for the nursing home nurse aide training program. Most of the daily care furnished to nursing home residents is rendered by the nearly 696,000 nurse aides employed by nursing homes. The medical staff shall develop and implement policies regarding positive findings, including procedures for facilitating and documenting treatment for latent TB infection where indicated. Nursing Homes. (i) admit a resident only on physician's orders and in accordance with the resident assessment criteria and standards as promulgated and published by the department, and specified in sections 86-2.30(i) and 400.12 of this Title, which shall include, as a minimum: (a) an assessment, performed prior to admission by or on behalf of the agency or person seeking admission for the resident of the resident's level of care needs according to the resident assessment criteria and standards promulgated and published by the department (and specified in sections 86-2.30(i) and 400.12 of this Title); (b) for those residents failing to meet the criteria and standards for admission to the nursing home (as indicated in New York State criteria for level of care, specified in section 400.12 of this Title), a certification signed by a physician member of the transferring facility's utilization review agent or signed by the responsible social services district's local Medicaid medical director or designee, indicating the reason(s) the resident requires nursing home level of care; and. This program is intended to serve long-term ventilator dependent residents. The facility shall not impose a charge against the personal funds of a resident for any item or service for which payment is made under Medicaid or Medicare (except for applicable deductible and coinsurance amounts). (iv) Approved programs must notify the Department, in the form and manner described by the Department, and may be subject to review, whenever substantive changes are made to the program. (5) care of ostomies, including but not limited to colostomy and ileostomy. The program shall provide goal-oriented, comprehensive, interdisciplinary and coordinated services directed at restoring the individual to the optimal level of physical, cognitive and behavioral functioning. Home Health Specialists requires all employees to complete the following mandatory inservices annually. The facility provides extensive age specific nursing, medical, psychological and counseling support services to children with diverse and complex medical, emotional and social problems in a program recognized and approved by the department to provide these services. (a) Direction. When such potential is identified, the facility shall initiate an active program of therapy and other supportive services designed to assist the resident in the transition to the new setting. Three types of adult care facilities are monitored by NYSDOH: Adult Homes residential care, meals,housekeeping, 24-hour personal care, and 24-hour supervision for five or more adults residents 18 years or older may accommodate just a few or up to 200 residents Enriched Housing A copy of this poster is also available for public inspection and copying at the Department of Health's Records Access Office at the address set forth above. 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