(3) a certificate of immunization against measles, for all personnel born on or after January 1, 1957, which means: (i) a document prepared by a physician, physician's assistant, specialist's assistant, nurse practitioner, licensed midwife or a laboratory possessing a laboratory permit issued pursuant to Part 58 of this Title, demonstrating serologic evidence of measles antibodies; or, (ii) a document indicating two doses of live virus measles vaccine were administered with the first dose administered on or after the age of 12 months and the second dose administered more than 30 days after the first dose but after 15 months of age showing the product administered and the date of administration, and prepared by the health practitioner who administered the immunization; or, (iii) a document, indicating a diagnosis of the employee as having had measles disease, prepared by the physician, physician's assistant/specialist's assistant, licensed midwife or nurse practitioner who diagnosed the employee's measles; or. 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. (a) any payment of cash or transfer of other assets by a facility directly or indirectly to or for the benefit of its operator or owner; and. This program must include a discrete unit with a planned combination of services with staffing, equipment and physical facilities designed to serve individuals whose severe behavior cannot be managed in a less restrictive setting. ADHC program provides the health care services and activities provided to a group of persons, who are not residents of a residential health care facility, but are functionally impaired and not homebound. The policies and procedures shall include but not be limited to the following: (a) the prominent inclusion in admission application forms and policy statements of a legend summarizing the applicable Federal and State anti-discrimination laws; (b) the prominent display in the admissions office of the New York State Division of Human Rights nondiscrimination regulatory poster. (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. (6) Nurse aide recertification. The state Department of Health (DOH) has issued guidance to address the in-service training requirements for personal care aides (PCAs) and home health aides (HHAs) during the COVID-19 pandemic. (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. (j) Nursing care programs for the prevention of contractures and decubitus ulcers (pressure sores); (1) body alignment, turning and positioning; (5) maintenance of individualized range of motion. 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. (1) The facility shall not charge a resident or his or her designated representative for any item or service not requested by the resident or the designated representative. (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. The program coordinator (PC) shall be a registered professional nurse with at least two years experience in a nursing home and demonstrated competency to teach adult learners as evidenced and documented by at least one of the following: (a) completion of a professionally recognized course in teaching adult learners or New York State Education Department teacher certification; (b) two years of experience teaching nursing or nursing related programs to adults in an academic setting approved by the State Education Department or other recognized accrediting body; or. 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. (ii) prepare food for consumption off-site as part of a nutrition program or make available service of meals, nutrition education, and nutrition counseling for nonresidents on-site; (13) notify the department immediately of anticipated or actual termination of any service vital to the continued safe operation of the facility or to the health and safety of its residents and personnel, including but not limited to the anticipated or actual termination of telephone, electric, gas, fuel, water, heat, air conditioning, rodent or pest control, contract food, or contract laundry services, and the services of key full- or part-time personnel such as the administrator, director of nurses, consultant physician, consultant dietitian or others; and apply remedial measures promptly and notify the department immediately regarding the nature of results of such measures; (14) transfer residents to another appropriate facility only after consultation, as appropriate, with the resident, his or her physician, and designated representative except in an emergency situation, in which case the operator shall notify the physician and designated representative immediately and record the reason for the transfer; and. If a waiting list is used in making admission decisions, the list shall be maintained in written form including the date of each application. (3) The facility shall inform the resident or his or her designated representative requesting an item or service for which a charge will be made that there will be a charge for the item or service and what the charge will be. The nurse aide trainee will obtain certification and be listed in the Registry upon passing the written or oral examination. (h) Financial Policies. Preventive care practices. 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. 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. Agencies are required to provide orientation for new staff (including aides) employed by the agency prior to provision of care. . (d) the person within the facility to contact for this information. Effective July 1, 1992, only individuals possessing nurse aide evaluator designation may administer the State RHCF nurse aide competency examinations. Sorry, you need to enable JavaScript to visit this website. These tests may be taken online and electronically submitted to Home Health Specialists. (3) the on-site presence of qualified administrative staff. (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. (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. (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. Nursing Degree . Every law enforcement officer in Massachusetts is required to complete the annual in-service training as prescribed in Chapter 253 of the Acts of 2020, Section 22. In 2021, if the applicant is single, countable assets must be no higher than $2,000. (ii) Accounting and records. 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. (8) No facility shall enter into a real property mortgage or lease transaction without 30 days' prior notice in writing to the commissioner. (7) Gifts purchased on behalf of a resident. Section 441.317 - Sub-acute care services. (r) Care of cognitively impaired residents: (1) techniques for addressing the unique needs and behaviors of individuals with dementia; (2) communicating with cognitively impaired residents; (3) understanding the behaviors of cognitively impaired residents; (4) appropriate responses to the behaviors of cognitively impaired residents; and. Records of such log shall be retained for 18 months from date of entry. The federal Nursing Home Reform law requires nursing facilities to have "sufficient" staff to meet their residents' needs. (d) a resident suffering from a communicable disease shall not be admitted or retained unless a physician certifies in writing that transmissibility is negligible, and poses no danger to other residents, or the facility is staffed and equipped to manage such cases without endangering the health of other residents; (ix) not discriminate because of race, color, blindness, sexual preference or sponsorship in admission, retention and care of residents; (x) establish and implement written policies and procedures governing the admission process which ensure compliance with State and Federal anti-discrimination laws which apply to the governing body. (4) concept of wellness and rehabilitation. Architectural designs and interior finishes are required to implement special programs for residents with dementia. 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. (a) Direction. 64526, St. Paul, MN 55164-0526, the publisher of McKinney's Consolidated Laws of New York annotated and the United States Code annotated. 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. They must work under the supervision of a licensed occupational therapist or a licensed physician to assist in providing occupational therapy services. (b) the process by which residents are classified for reimbursement purposes into the RUG-II classification system shall be, at least annually, an item for discussion on the agenda at a resident council as required by paragraph (8) of this subdivision; (11) furnish for the staff telephone services consisting of at least one operational, unlocked, noncoin telephone installation on each floor of the facility, for the use of professional staff in the performance of their duties; (12) permit activities related only to the operation of the facility except that the operator, subject to prior written approval of the commissioner, may, where such arrangement will not result in any diminishment of resident care or services, or adversely affect the cost of delivering nursing home services; (i) enter into a written contract for the purpose of leasing unneeded space and equipment on the premises of the facility to a health care practitioner licensed by the State Education Department, or to a provider licensed under the Public Health Law, Mental Hygiene Law, or Social Services Law to provide health care services to residents or nonresidents, where such arrangements will also promote needed health care services for residents; or. (c) Communication in health care facilities: (1) relating to residents, families, visitors, and staff; (2) methods of communication in overcoming the barriers of language and cultural differences; 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. You may see these icons in your state requirements below: Renew during Compliance Period Renew in Specified Time Retake 8hr for Missed Renewal Non-Resident Supplement Required Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts When this service is provided, the operator shall ensure that: the radiographic procedures requiring the use of contrast media or fluoroscopic interpretation and control are performed with the active participation of a qualified specialist in diagnostic radiology or a physician qualified in a medical specialty related to the radiographic procedure. 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). 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. Nursing Home Profiles provides useful information about every nursing home in New York State. (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) For purposes of this subdivision, misappropriation of resident property shall mean the theft, unauthorized use or removal, embezzlement or intentional destruction of the resident's personal property including but not limited to money, clothing, furniture, appliances, jewelry, works of art, and such other possessions and articles belonging to the resident regardless of monetary value. For the purposes of this subdivision, receipt by the facility of a completed hospital/community patient review instrument for a person needing nursing home care shall constitute a patient referral. (q) Care of the dying resident including care of the body and personal effects after death; and. The Centers for Medicare & Medicaid Services (CMS) issued the mandate in 2016 and gave facilities three years to become compliant. (ii) After passing the clinical skills examination, the trainee shall have three opportunities to pass the written or oral competency examination. (2) The nursing home shall develop and implement written policies concerning missing residents. 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 Listed below are general categories and examples of items and services that the facility may charge to residents' funds if they are requested by a resident and payment is not made by Medicare or Medicaid: (3) Personal comfort items, including smoking materials, notions and novelties, and confections. (1) care of the skin, mouth, hair, ears and nails; and. Messages for nursing home staff: Planning and practicing fire safety. 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; Home health aide training programs are allowed 60 days from the day an individual enters the program to complete the 75 hours. CDC Infection Control Resource Page training of new staff and ongoing training. (3) provide for the transfer of medical and other information needed for care and treatment of residents, when the transferring facility deems it appropriate. 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 facility may charge the resident for requested services that are more expensive than or in excess of covered services. (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. 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. The certified nurse aide shall be recertifed every two years no later than the last day of the month in which certification was received. No charges shall be made to residents for those services. (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. Such reimbursement shall be on a pro rata basis based on the length of subsequent employment as an RHCF nurse aide in the RHCF. (iii) The governing body shall designate in writing a staff member to serve as alternate administrator for all hours that the administrator of record is absent from duty to ensure that all shifts, 24 hours-a-day, 7 days-a-week are covered by administrative supervision. Positive findings shall require appropriate clinical follow-up. (b) be on duty, alert and appropriately dressed during the entire tour of duty, part-time assignment, consultation visit, volunteer work, private duty or other employment in the nursing home; (c) maintain personal cleanliness and hygiene; and. Such records shall include, but not be limited to: (i) the full name of the feeding assistant, facility-issued trainee or employee ID number, name and address of the facility, dates on which each content area of the feeding assistant training program was delivered and successfully completed, the date on which the individual successfully completed the feeding assistant training program, and the name, title and signature of the training program instructor. The resident may be completely unresponsive to any stimuli or may exhibit a generalized response by reacting inconsistently and non-purposefully to stimuli in a nonspecific manner. (2) care of personal belongings such as clothing, dentures, eyeglasses, hearing aids and prostheses. (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. (j) Misappropriation of resident property. 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. (iv) No person whose license to practice nursing home administration has been forfeited, revoked, annulled, or placed on inactive status or suspended shall be involved in the administration and direction of a nursing home either on a full-time, part-time or acting basis. Residents shall be assessed as to their ability to be discharged to home or to a home-like setting with or without supportive services. 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. 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