NH Regulations Plus |
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| Resources for Resident Assessment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each residents’ functional capacity. The regulations in this section range from admission orders to discharge summaries. At admission, the facility must have physician orders for the resident’s immediate care. Within 14 calendar days after admission a facility must make a comprehensive assessment of a resident’s needs using the resident assessment instrument (RAI) specified by the State. The assessment must include at least the following: identification and demographic information; customary routine; cognitive patterns; communication; vision; mood and behavior patterns; psychosocial well-being; physical functioning and structural problems; continence; disease diagnoses and health conditions; dental and nutritional status; skin condition; activity pursuit; medications; special treatments and procedures; discharge potential; documentation of summary information regarding the additional assessment performed through the resident assessment protocols and documentation of participation in assessment. The assessment process must include direct observation and communication with the resident, as well as communication with licensed and non-licensed direct care staff members on all shifts. After the initial assessment, re-assessment is required within 14 calendar days after the facility determines, or should have determined, that there has been a significant change in the resident’s physical or mental condition or not less often than once every 12 months. Quarterly review assessment using the quarterly review instrument specified by the State and approved by CMS is required not less frequently than once every 3 months. All resident assessments completed within the previous 15 months must be maintain in the resident’s active record and the results must be used to develop, review, and revise the resident’s comprehensive care plan. A facility must coordinate assessments with the preadmission screening and resident review program under Medicaid to the maximum extent practicable to avoid duplicative testing and effort. Within 7 days after a facility completes a resident’s assessment they must encode the following information for each resident in the facility: admission assessment; annual assessment updates; significant change in status assessments; quarterly review assessments;; a subset of items upon a resident’s transfer, reentry, discharge, and death; background information if there is no admission assessment. This data must be capable of being transmitted to the State within 7 days after a facility completes a resident’s assessment in a format that conforms to standard record layouts and data dictionaries, and that passes standardized edits defined by CMS and the State. A facility must electronically transmit at least monthly, encoded, accurate, complete MDS data to the State for all assessments conducted during the previous month. The facility must transmit data in the format specified by CMS or, for a State which has an alternate RAI approved by CMS. A facility may not release information that is resident identifiable to the public but may release information to an agent only in accordance with a contract under which the agent agrees not to use or disclose the information except to the extent the facility itself is permitted to do so. The assessment must accurately reflect the resident’s status, be conducted or coordinated by a registered nurse who must sign and certify that the assessment is completed. Each person who completes a portion of the assessment must sign and certify the accuracy of that portion of the assessment. A person who willfully and knowingly falsifies material or statements in a resident assessment is subject to a civil money penalty of not more than $1,000 for each assessment. If a person causes another individual to certify a material and false statement in a resident assessment is subject to a penalty of not more than $5,000 for each assessment. Clinical disagreement does not constitute a material and false statement. The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following: services that are to be furnished to attain or maintain the resident’s highest practicable physical, mental and psychosocial well-being; any services that would otherwise be required under 483.25 (Quality of Care) but are not provided due to the resident’s exercise of rights under 483.10 (Resident’s Rights) including the right to refuse treatment under 483.10(b)(4) (Right to Refuse Treatment). A comprehensive care plan must be developed within 7 days after completion of the comprehensive assessment; be prepared by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs and if possible, the participation of the resident, the resident’s family or legal representation. The care plan must be periodically reviewed and revised by a team of qualified persons after each assessment and services must be provided or arranged by the facility that meet professional standards of quality and be provided by qualified persons in accordance with each resident’s written plan of care. When the facility anticipates discharging a resident a discharge summary that includes: a recapitulation of the resident’s stay; a final summary of the resident’s status; a post-discharge plan of care that is developed with the participation of the resident and his or her family, which will assist the resident to adjust to his or her new living environment. After January 1,
1989, preadmission screening for mentally ill individuals and
individuals with mental retardation is required unless the State mental
health authority has determined, based on an independent physical and
mental evaluation performed by a person or entity other than the State
mental health authority, that, because of the physical and mental
condition of the person, the person requires the level of services
provided by a nursing facility; and if the person requires such level of
services, whether the person requires specialized services or if a
developmental disability authority has determined prior to admission
that, because of the physical and mental condition of the person, the
person requires the level of services provided by a nursing facility and
if the person requires such level of services, whether the person
requires specialized services for mental retardation. |
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Alabama may require the use of independent assessors if the State determines, under a survey or otherwise, that there has been a knowing and willful certification of false statements. For a period specified by the State, the State may required that resident assessments be conducted and certified by persons who are independent of the facility and who are approved by the State. In Alabama, the comprehensive assessment must include at least the following information: medically defined conditions and prior medical history; medical status measurement; physical and mental functional status; sensory and physical impairments; nutritional status and requirements; special treatments or procedures; mental and psychosocial status; discharge potential; dental condition; activities potential; rehabilitation potential; cognitive status and drug therapy. Arkansas addresses therapeutic diets requiring a system of written communications between dietetic service and nursing services. Nursing services should send a written patient diet list monthly and diet change slips as diets are changed by the physician. Therapeutic diets shall be served only to those patients for whom there is a physician’s or dentist’s written order. California has extensive regulations for resident assessment and planning of patient care. Guidelines require the development of an individual, written patient care plan which indicates the care to be given, the objectives to be accomplished, and the professional discipline responsible for each element of care. Objective shall be measurable and time-limited. The attending physician must be promptly notified in the following situations: the admission of a patient; any sudden and/or marked adverse change in signs, symptoms or behavior exhibited by a patient; an unusual occurrence involving a patient; a change in weight of five pounds or more within a 30-day period unless a different stipulation has been stated in writing by the patient’s physician; any untoward response or reaction by a patient to a medication or treatment; any error in the administration of a medication or treatment to a patient which is life threatening and presents a risk to the patient; the facility’s inability to obtain or administer, on a prompt and timely basis, drugs, equipment, supplies or services as prescribed under conditions which present a risk to the health, safety or security of the patient. Content of health records include: admission record; current report of physical examination, and evidence of tuberculosis screening; current diagnoses; physician orders, including drugs, treatment and diet orders, progress notes, signed and dated on each visit (physician’s orders shall be correctly recapitulated); and nurses’ notes which shall be signed and dated. Notes shall include records made by nurses assistants, after proper instruction, which shall include: care and treatment of the patient; narrative notes of observation of how the patient looks, feels, eats, drinks, reacts, interacts and the degree of dependency and motivation toward improved health; notification to the licensed nurse of changes in patient’s condition; meaningful and informative nurses’ progress notes written by licensed nurses as often as the patient’s condition warrants. However weekly nurses’ progress notes shall be written by licensed nurses on each patient and shall be specific to the patient’s needs, the patient care plan and the patient’s response to care and treatments. Records of type of restraint and time of application and removal are required. The time of application and removal shall not be required for postural supports used for the support and protection of the patient. In Colorado, the nursing care plan shall meet each residents’ unique needs, problems, and strengths by identifying resident strengths, needs, and problems; specifying care interventions to capitalize on the strengths and meet those needs or problems; and defining the frequency of each intervention. Social services care planning specifies that the social services staff assess social services needs within one week of admission and develop a social services care plan to meet each resident’s needs. Activities care planning specifies that the activities staff shall assess activities needs within one week of admission and shall develop an activities care plan to meet each resident’s needs. Nutritional care planning requires the Dietary supervisor or consultants to prepare an initial nutritional history and assessment for each resident within 2 weeks of admission that includes special needs, likes and dislikes, nutritional status, and need for adaptive cutlery and dishes and then develop a plan of care to meet these needs. In the even the facility elects to utilize paid feeding assistants or feeding assistant volunteers, the interdisciplinary team shall evaluate each resident regarding the suitability of the resident to be fed and hydrated by a feeding assistant. Interdisciplinary care planning team shall consist of representatives of resident services inside and outside the facility, as appropriate, including at least nursing, social services, activities, and dietetic staff. Other persons, such as medical, pharmacy, and special therapies, shall be included as appropriate. Residents and their representatives shall be invited to participate in care planning. Refusal to participate shall be documented. Maryland requires the facility to establish a skin care record documenting skin, hair, and nail condition on admission. If any abnormal conditions exist, the staff shall document progression of the condition or conditions weekly until the condition or conditions have healed. At any time that a skin condition persists for more than 7 days, staff shall add the condition to the skin record. In Massachusetts, the nursing care plan shall be an organized, written daily plan of care for each patient. It shall include: diagnoses, significant conditions or impairments, medication, treatments, special orders, diet, safety measure, mental condition, bathing and grooming schedules, ADLs, the kind and amount of assistance needed, long-term and short term goals, planned patient teaching programs, encouragement of patient’s interests and desirable activities. It shall indicate what nursing care is needed, how it can best be accomplished, and what methods and approaches are most successful. This information shall be summarized on a cardex and be available for use by all personnel involved in patient care. In Minnesota nursing assistants may document in the nursing notes if allowed by nursing home policy. In Oregon the care plan shall provide for and promote personal choice and independence of the resident. In Texas, a comprehensive care plan may include a palliative plan of care. This plan may be developed only at the request of the resident, surrogate decision maker or legal representative for residents with terminal conditions, end stage diseases or other conditions for which curative medical interventions are not appropriate. The plan must have goals that focus on maintaining a safe, comfortable and supportive environment in providing care to a resident at the end of life. In Washington, the facility must respect the resident’s right to decide plan of care goals and treatment choices, including acceptance or refusal of plan of care recommendations; include in the interdisciplinary plan of care process: staff members requested by the resident; and direct care staff who work most closely with the resident; and respect the resident’s wishes regarding which individuals, if any, the resident wants to take part in resident plan of care functions. Wisconsin has procedures for recuperative care plans Of all the states, Connecticut has the most detailed regulations for resident assessment, especially in section on patient examination. There is a detailed list of tests and procedures required within 30 days after admission. Physician visits are regulated as to each patient in nursing home shall be examined by his/her personal physician at least once every 30 days for the first 90 days after admission. After 90 days, alternative schedules for visits may be set if the physician determines and so justifies in the medical record that the patient’s condition does not necessitate visits at 30 day intervals. At no time may the alternative schedule exceed 60 days between visits. Annually, each patient shall receive a comprehensive medical examination, at which time the attending physician shall update the diagnosis and revise the individual’s overall treatment plan in accordance with such diagnosis. Hawaii address the medical record system by requiring that there shall be available sufficient, appropriately qualified staff and necessary supporting personnel to facilitate the accurate processing, checking, indexing, filing, and prompt retrieval of records and record data. If the employee who supervised medical records is not a registered records administrator, or accredited record technician, there shall be regularly scheduled visits by a consultant so qualified who shall provide report to the administrator. In Illinois authentication shall include the initials of the signer’s credentials. If the electronic signature system will not allow for the credential initials, the facility shall have a means of identifying the signer’s credentials. The facility shall have a written policy on electronic medical records that addresses persons authorized to make entries, confidentiality, monitoring of record entries, and preservation of information. The facility shall develop a policy to assure that only authorized uses make entries into medical records and that users identify the date and author of every entry in the medical records. The policy should allow written signatures, written initials supported by a signature log, or electronic signatures with assigned identifiers, as authentication by the author that the entry made is complete, accurate and final. The facility shall develop a policy to periodically monitor the use of identifiers and take corrective action as needed. The facility shall maintain a master list of authorized users past and present and maintain a computerized log of all entries. The logs shall include the date and time of access and the user ID under which access occurred. A user may terminate authorization for use of electronic or computer-generated signature upon written notice to the individual responsible for medical records or other person designated by the facility’s policy. All physicians’ orders, plans of treatment, Medicare or Medicaid certification, recertification statements, and similar documents shall have the authentication of the physician. The use of a physician’s rubber stamp signature, with or without initials, is not acceptable. In Louisiana, If electronic signatures are used, the nursing home shall develop a procedure to assure the confidentiality of each electronic signature and to prohibit the improper or unauthorized use of any computer generated signature. If a facsimile communications system (FAX) is used, the nursing home shall take precautions when the thermal paper is used to ensure that a legible copy is retained as long as the clinical record is retained. Maine requires that all recording is done in the facility. In South Carolina the use of rubber stamp signatures is acceptable under the following strict conditions: (a) the physician whose signature the rubber stamp represents is the only one who uses it; (b) the physician places in the administrative office of the facility a signed statement to the effect that he is the only one who has the rubber stamp and is the only one who will use it. However, it must be emphasized that use of rubber stamp signatures is not permissible on orders for drugs listed as “Controlled Substances”. In Indiana, If a death occurs, information concerning the resident’s death shall include the following: notification of the physician, family, responsible person, and legal representative; the disposition of the body, personal possessions, and medications; a complete and accurate notation of the resident’s condition and most recent vital signs and symptoms preceding death. Table Comparing States [TOP]
Note: If the States in this table are not
hyper-linked, their provisions do not appear to address the topic, and
therefore, do not alter the Federal Regulatory scope. The
Table summarizes content on Administration by State (with a link to each
State's specific language).
Link to a downloadable PDF document
containing all State regulation on Resident Assessment at the bottom
of the Table. |
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