ISBN: 978-1-64535-132-. (ii) Nursing homes with 40 beds or fewer shall designate in writing a licensed and registered administrator for an amount of time in accordance with the following: (a) In no event shall an administrator be employed for fewer than twelve hours per week; such hours to be served during normal business hours of 7:00 a.m. to 5:30 p.m. Monday thru Friday. (i) upon receiving prepayment or advance money for the purpose of being applied to payments in satisfaction of or as security for the performance of facility responsibilities, deposit such money, which shall continue to be the money of the person making the prepayment, in an interest-bearing account in a bank or with a financial agent; (ii) not be required to deposit prepayment in an interest-bearing account where such money is to be applied to payments when due, until 61 days after such prepayment or advanced money is made; (iii) notify in writing each of the persons making such prepayment of the name and address of the bank or financial agent with which the deposit is made and the amount of such deposit. 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. (3) any investigations or other problems brought to the attention of the Commissioner. (c) may meet with any member of the supervisory staff provided that reasonable notice of the council's request is given to such staff; (iv) agree to assign a staff person in consultation with the Resident Council, acceptable to such Council, to act as advisor or coordinator, to facilitate the Council in holding regular meetings and to assist members in carrying out Council activities, including obtaining necessary information to become informed of facility policies, exploring the solutions to problems and conveying to the administrator issues and suggestions which require administrative action; (v) assure that any complaints, problems or issues reported by the council to the designated staff person or administration are addressed; and that a written report addressing the problem, issues or suggestions is sent to the council when requested; 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. During the course of a covered Medicare or Medicaid stay, the facilities shall not charge a resident for the following items and services: (1) nursing services and specialized rehabilitative services; (5) routine personal hygiene items and services. 64526, St. Paul, MN 55164-0526, the publisher of McKinney's Consolidated Laws of New York annotated and the United States Code annotated. The 75 hours includes 59 hours classroom and 16 hours of supervised practical training as follows: Home Care Curriculum - 40 hours (all classroom) (10) Noncovered special care services such as private duty nurses consistent with Medicare and Medicaid rules and regulations for residents who are beneficiaries of these programs. 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. Preventive care practices. (b) Governing Body. Home Health Specialists requires all employees to complete the following mandatory inservices annually. (2) The facility shall not require a resident or his or her designated representative to request any item or service as a condition of admission or continued stay. 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). Section 441.317 - Sub-acute care services. (e) written admission policies which specifically state the criteria used in making admission decisions. (2) care of personal belongings such as clothing, dentures, eyeglasses, hearing aids and prostheses. (3) When, by reason of death, resignation, incapacity, illness or other reason, the nursing home does not have a licensed and currently registered nursing home administrator capable of carrying out such functions, the governing body shall immediately notify the commissioner, assign such duties to a named individual acceptable to the commissioner in accordance with that individual's training, experience and prior record of work performance at a nursing home, and provide for supervision of the nursing home by a licensed and currently registered nursing home administrator in accordance with the following: (i) A plan for the supervision of the unlicensed acting nursing home administrator shall be submitted to the Department which provides that: (a) The nursing home is making a bonafide effort to recruit a licensed and registered nursing home administrator; (b) There is no other licensed and registered person in the facility available, capable and willing to accept the position; (c) The supervising administrator will provide a minimum of four hours of on-site supervision weekly during normal business hours unless the Department determines that more hours are necessary based on: (2) the qualifications of the unlicensed acting administrator; and. (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. At the end of the training program, a copy of the performance record shall be given to the trainee and the trainee's employer, if different from the training facility. (1) The facility shall: (i) specify its refund policies in writing to each resident, next of kin and/or sponsor prior to admission; and. (ii) Negative net worth shall be calculated without regard to any surplus created by reevaluation of assets. The certificate shall include the full name of the feeding assistant and the facility-issued trainee or employee ID number, signature of feeding assistant, name and address of the facility, date the individual successfully completed the feeding assistant training program, name, title and signature of the training program instructor, and name and signature of the nursing home administrator. The program shall provide goal-directed, comprehensive and interdisciplinary services directed at attaining or maintaining the individual at the highest practicable level of physical, affective, behavioral and cognitive functioning. Nursing Homes provide 24 hour a day nursing care, case management, health monitoring, personal care, nutritional meals and special diets, physical, occupational, and speech therapy, social activities and respite care for those who are ill or physically infirm. (3) the on-site presence of qualified administrative staff. Home health aide training programs are allowed 60 days from the day an individual enters the program to complete the 75 hours. 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. Would you know your responsibility as a nurse and mandated reporter if you suspected a patient . The curriculum shall otherwise include but not be limited to the following: (iv) psychological and cognitive changes; and. (b) any liability or contingent liability incurred within any period of 12 consecutive months by a facility or its operator by reason of a mortgage, lease, borrowing or other transaction relating to such facility that exceeds, in the aggregate, $25,000. Special activities are offered to the residents with the goal of maintaining and promoting autonomy and decision making on the part of dementia patients. The system shall contain, as a minimum, the resident's name, Medicaid case number where applicable, date of admission, date and amount of each withdrawal or deposit, and balance at each transaction. (3) Upon receipt of such notice of criminal conviction involving misappropriation of property by a nurse aide and after the department has provided to the individual an opportunity to be heard to dispute the allegations and conviction resulting from misappropriation of resident property, the department shall, pursuant to Public Health Law Section 2803-d, as amended by Chapter 717 of the Laws of 1989, report such finding to the New York State RHCF Nurse Aide Registry established in accordance with Public Health Law, Section 2803-j, as amended by such chapter. Effective July 1, 1992, only individuals possessing nurse aide evaluator designation may administer the State RHCF nurse aide competency examinations. (c) two years of experience teaching nurse aides in a residential health care facility. 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. (n) Nursing care needs of resident with special needs due to medical conditions such as but not limited to: (ii) characteristics of residents such as wandering, agitation, physical and verbal abuse, sleep disorders, and appetite changes. A nursing home shall be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. 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. At the time of admission, a written copy of the following basic services must be made available to all residents: These services may be offered in addition to those considered standard. Training conducted for purposes of orienting new aides does not count toward meeting the annual 6 or 12-hour aide in-service requirement. In order to establish eligibility for hospice care, the patient's physician and the hospice medical director must certify that the patient is terminally ill, the patient or authorized representative must elect the hospice benefit in writing, and a hospice plan of care must be established. 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. (iii) accept any remuneration, rebate, gift, benefit or advantage of any form from any vendor or other supplier because of the purchase, rental or loan of equipment, supplies or services for the facility or resident, excluding normal business practices. (b) The Department may require employment greater than 12 hours per week based on: (2) the history and nature of any operating deficiencies; and. 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). 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. This curriculum shall be taught at a fourth (4th) to sixth (6th) grade English literacy level. 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. 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. The governing body shall: (1) appoint an administrator who is eligible for such appointment and who functions in accordance with subdivision (a) of this section; (2) determine and establish written policies consistent with the stated purposes of the facility, the program of services provided, its physical structure and equipment, the number and qualifications of staff members, and their job classifications and descriptions; (3) be responsible for the operation of the facility; (4) be responsible for providing or arranging services for residents as required in this Subchapter; (5) employ or otherwise arrange for the services of such personnel as are required in this Subchapter; (6) assure that a method is implemented to promptly deal with complaints and recommendations made by residents or designated representatives which: (i) enables complaints and recommendations to be made orally or put in writing; (ii) brings complaints and recommendations promptly to the attention of the administration for review and resolution; (iii) responds to all residents or designated representatives as to action taken or the reason why no action was taken, as soon as possible and except under extraordinary circumstances such as health or administrative emergencies, within 21 days after the complaint or recommendation was made; and. New residents arrive continually, and employees leave; turnover among nursing staffs in nursing homes is extraordinarily high, an annual average of 128 percent, a new study has found.. 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. (vi) notify the Department within 72 hours of receipt of the notice that such referral resulted in conviction of an individual who was involved in misappropriation of resident property. (b) Optional covered items and services. 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