It must also provide, at a minimum, nutritional services in the form of at least one meal and necessary supplemental nourishment, planned activities, ongoing assessment of each registrant's health status in order to provide coordinated care planning, case management and other health care services as determined by the registrant's needs. 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. Nursing Degree . (1) With regard to personnel management, the facility shall: (i) provide personnel in accordance with paragraph (2) of this subdivision, with a planned orientation to nursing home operation and resident care and such on-the-job training as is necessary for each properly to perform his or her individual job assignments: (ii) have on file and furnish each employee with a copy of written policies governing conditions of employment, including the job description for his or her position; (iii) assure that each part-time, full-time or private duty employee, consultant, volunteer, or other person serving in any other capacity in the nursing home shall: (a) receive an orientation which shall include but not be limited to the following: (1) a review and explanation of relevant personnel policies and procedures, including his or her job description; (2) an orientation to the facility's organization, its long-term care philosophy, the roles of all personnel in the organization; (3) an orientation to the physical plant, infection control, quality assessment and assurance and the environmental aspects of the facility; (4) the facility safety program, including fire safety, accident prevention, resident emergency procedures, and facility operation during disruption of services; (6) resident abuse and neglect reporting requirements as set forth in section 2803-d of the Public Health Law. Safety in the Community Materials Test Infection Control Materials Test Adult and Child Abuse Materials Test Fire Safety Materials Test Such transfer agreements shall: (1) comply with the provisions of section 400.9 of this Title; (2) ensure that residents are admitted to the general hospital on a timely basis when such transfer is medically appropriate as determined by the attending physician or other approved practitioner; and. Orientation must be agency specific and cannot be provided by other agencies. (8) The operator shall ensure that the certified nurse aide regularly attends inservice education programs provided for all personnel and that the programs shall include the following: (i) A portion of each individual's annual inservice education as required by subparagraph (iv) of this paragraph shall be based upon the outcome of the individual's annual performance review as specified in paragraph (7) of this section, and address the areas of weakness in the individual's performance; (ii) Inservice education must also address the special needs of the residents in the facility, including the care of the cognitively impaired; (iii) Written records shall be maintained which indicate the content of and attendance at each inservice training program and the outcomes of the performance review; and. If married with a spouse remaining at home (community spouse), countable assets can reach $148,620. (i) The residential health care facility nurse aide training program shall be reviewed and approved by the Department prior to implementation as to the requirements contained in this section. In order to obtain nurse aide certification and be listed in the New York State RHCF Nurse Aide Registry as described in Section 415.31 of this Part, an individual must successfully complete a State approved residential health care facility nurse aide training program as described in paragraph (2) of this subdivision and pass the State authorized clinical skills competency examination and written or oral competency examination as described in paragraph (3) of this subdivision. The trainee shall have three opportunities to pass the clinical skills examination; and. (d) the person within the facility to contact for this information. A planned combination of specialized services provided in a nursing home unit for head-injured residents, where the unit consists of at least 20 beds. In the event that the resident leaves for reasons within his or her control, or that of the next of kin and/or sponsor, the facility shall not retain from the prepayment or charge in the absence of a prepayment, an amount in excess of one day's basic rate in addition to any amount obligated for services already furnished. Subsequent to the completion of the nurse aide training program including the satisfactory performance of all duties and skills listed in the performance record, the facility shall arrange for the nurse aide trainee to take and pass the State authorized residential health care facility nurse aide clinical skills competency examination and the written or oral competency examination as follows: (i) The clinical skills competency examination shall be given by a licensed registered nurse, who meets the definition of the Clinical Skills Evaluator until June 30, 1992 and effective July 1, 1992 the Nurse Aide Evaluator specified in subparagraph (iii) of paragraph (1) of this subdivision and who is not otherwise associated with the facility employing and/or training the nurse aide trainee. 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. Licensed Professions: Nursing. Those services included in the daily rate. Hospice shall mean a coordinated program of home and inpatient care which treats the terminally ill patient and family as a unit, employing an interdisciplinary team acting under the direction of an autonomous hospice administration. The examination shall be of sufficient scope to ensure that, consistent with federal and state statutes prohibiting discrimination on the basis of disability or handicap, no person shall assume his/her duties unless he/she is free from a health impairment that would present a risk to the resident which cannot be reasonably accommodated, or which might interfere with the performance of his/her duties, including the habituation or addiction to depressants, stimulants, narcotics, alcohol or other drugs or substances which may alter the individual's behavior. 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. (a) Direction. Preventive care practices. In-service requirements: State and federal in-service education mandates include 12 hours per year for home health aides (HHAs) and 6 hours per year for personal care aides (PCAs). (g) Transfer Agreements. Physical therapists seek to relieve pain, improve the body's movement and function, maintain cardiopulmonary function, restore, maintain and promote optimal physical function; and limit disabilities resulting from injury or disease. Assist licensed nursing personnel ( RNs, LPN, and Nurse Aides) in obtaining in-service training to keep their license current and in accordance with state law. 17,000 nursing homes, and in Fiscal Year 2000, Medicare and Medicaid paid more than $45 billion to nursing homes. 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. (v) Assurance of financial security. A facility may choose to provide residents with supplies, equipment and transportation essential to the activities program required by 415.5(g) of this Title. At the time of admission, a written copy of the following basic services must be made available to all residents: the daily, weekly or monthly rate; board, including therapeutic or modified diets, as prescribed by a doctor; The curriculum shall otherwise include but not be limited to the following: (iv) psychological and cognitive changes; and. (5) The operator shall not charge a fee to any individual for the costs of training, including textbooks and materials, or for the costs of the competency examinations. Dementia programs seek to improve the quality and treatment of patients with dementia. The following terms used in this section shall be defined as follows: (i) Nurse aide training program coordinator shall mean a person who is assigned the administrative responsibility and accountability for the RHCF nurse aide training program. Safety of residents. Nursing Home Profiles provides useful information about every nursing home in New York State. 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. If it chooses to provide these items and services, they shall be included as covered Medicare or Medicaid services and reimbursed under those program benefits. This program is intended to serve long-term ventilator dependent residents. In-service education may be obtained through web-based training programs. A resident of a nursing home who becomes terminally ill may receive hospice services. (7) Gifts purchased on behalf of a resident. Quality of life achieved. (1) Definitions. Box No. The Nursing Home Profiles quality data for all . (iii) An application for approval shall be submitted in writing at least 60 days prior to the proposed withdrawal and shall specify the purpose of the withdrawal and the details concerning such withdrawal including, where applicable, such items as the principal amount, interest rate, repayment terms, conditions of default, remedies upon default and obligee of any transaction to be consummated in a proposed withdrawal. The facility shall provide each resident with a nourishing, palatable well-balanced diet that meets the daily nutritional and special dietary needs of each resident. Services shall be directed at restoring each resident to his or her optimal level of functioning and assisting each resident to achieve maximum independence from mechanical ventilation. The nursing home shall employ on a full time, part time or consultant basis a sufficient number of professional staff members who are educated, oriented and qualified to carry out the provisions of this Part and to assure the health, safety, proper care and treatment of the residents. Limited transfusion service means a facility, which transfuses blood and may temporarily store blood and distribute it within its own organization, but relies on a blood bank holding a permit in blood services-transfusion to perform laboratory tests. (ii) the unlicensed acting administrator shall serve for a maximum of three months except that the nursing home may request and receive from the Department one additional three month extension upon a finding that the unlicensed acting administrator has performed his or her duties effectively and that the quality of resident care and services has not deteriorated. (xii) maintain a centralized log on the receipt and disposition by the facility of persons referred for admission. Skilled nursing facilities (SNFs) and nursing facilities (NFs) are required to be in compliance with the requirements in 42 CFR Part 483, Subpart B, to receive payment under the Medicare or Medicaid programs. In terms of income, patients pay a share of cost based on an income after deduction for health insurance premiums and other expenses. Examine nursing performance through a set of metrics that look at: Quality of care received. The nursing home shall establish and implement policies and procedures for the receipt, review and investigation of allegations of misappropriation of resident property by individuals in the employ of and/or whose services are utilized by the facility. On November 28, 2019, skilled nursing facilities (SNF) and . (iv) be entitled to receive an administrative expense equivalent to one percent per annum upon the prepayment money deposited, which shall be in lieu of all other administrative expenses; (v) inform any person making prepayment as security for the performance of facility responsibilities that waivers of the provisions of this paragraph are void. To obtain recertification the certified nurse aide shall demonstrate in the form indicated by the Department that he/she has worked at least 7 hours for compensation as a health care nurse aide during the previous 24 month period. recommends that "federal requirements for the minimum training of certified nursing assistants (CNAs) and home health aides should be raised to at least 120 hours . (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. The facility may charge the resident for requested services that are more expensive than or in excess of covered services. (5) care of ostomies, including but not limited to colostomy and ileostomy. The certified nurse aide shall be recertifed every two years no later than the last day of the month in which certification was received. Health & Safety in the Home, Workplace & Outdoors, Clinical Guidelines, Standards & Quality of Care, All Health Care Professionals & Patient Safety, James V. McDonald, M.D., M.P.H., Acting Commissioner, Multisystem Inflammatory Syndrome in Children (MIS-C), Addressing the Opioid Epidemic in New York State, Health Care and Mental Hygiene Worker Bonus Program, Maternal Mortality & Disparate Racial Outcomes, Help Increasing the Text Size in Your Web Browser. 280 or by faxing 518-474-3398.; The State Education Department is not responsible for any fees paid to an outside testing or credentials . 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. (i) The nurse aide training program shall include classroom and clinical training which enhances both skills and knowledge and, when combined, shall be of at least 100 hours' duration. (1) basic nutritional requirements for foods and fluids; (ii) feeding the resident who needs assistance; 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 (ii) After passing the clinical skills examination, the trainee shall have three opportunities to pass the written or oral competency examination. The in-service requirement begins from the aide's date of hire/employment. Copies of the cited State and Federal statues are available from West Publishing Company, P.O. 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