reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.5 - Discharge planning

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital administration shall implement procedures
						governing discharge planning as set forth in Part 405 of this Title and as also
						required for participation in the Medicaid program in coordination with the
						hospital's utilization review plan and policies governing length of stay
						applicable to the swing bed program in order to ensure that each patient has a
						planned program of continuing care that meets his or her post-discharge
						needs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 406 - Rural Hospital Swing Bed Demonstration › Section 406.6 - Evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
The hospital administration shall develop and implement
						procedures which provide for at least an annual written evaluation of the swing
						bed program to include, as a minimum, a profile of the characteristics of the
						patients admitted to the program, the services and degree of services drawn
						upon most, occupancy, length of stay and use rate, patient need and disposition
						upon discharge. The evaluation shall also include such items as may be
						identified and set forth on forms provided by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Primary care
					 hospital (PCH) shall mean a general hospital serving rural area which:
(1) complies with the provisions of this Part
					 and the provisions of Part 405 of this Title to the extent required by this
					 Part;
(2) provides all services
					 required by section
					 407.3 of this Part in a manner
					 that safely and effectively meets patient needs;
(3) may provide one or more additional
					 optional services authorized by section
					 407.14 of this Part in accordance
					 with patient needs, the hospital's ability to meet these needs safely and
					 effectively and the commissioner's approval to provide such services;
(4) may participate in a rural health network
					 as defined in subdivision (c) of this section;
(5) has a formal affiliation with a general
					 hospital that complies with all provisions of Part 405 of this Title;
					 and
(6) is located in a rural area,
					 defined as any county with less than 200,000 persons or any town which has a
					 population of less than 200 persons per square mile, or if approved by the
					 commissioner, any town which has a population of less than 250 persons per
					 square mile.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.2 - Designation of pchs and cahs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 PCHs and CAHs shall be designated by the Commissioner of Health to operate as a
					 primary care hospital pursuant to guidelines developed by the commissioner and
					 the provisions of Part 710 of this Title. The decision to submit an application
					 for designation as either a CAH or a RPCH shall be at the discretion of the
					 hospital seeking designation, The guidelines for designation may be obtained
					 from the commissioner, and shall be published in the New York State
					 Register.
(b) At the time of
					 application to become either a PCH or a CAH, a facility shall be licensed as a
					 general hospital, shall have a Medicare/Medicaid participation agreement in
					 effect and shall be in substantial compliance with all other applicable State
					 and Federal requirements.
(c)
					 Hospitals seeking designation as a CAH pursuant to this section, shall, in
					 addition to complying with the provisions of this Part, comply with the
					 following requirements of
					 42
					 CFR section 485.620:
(1) except as permitted for CAHs having
					 Federal swing-bed agreements, the CAH maintains no more than 15 inpatient beds;
					 and
(2) the CAH discharges or
					 transfers each patient within 96 hours after admission, unless transfer to a
					 hospital is precluded because of inclement weather or other emergency
					 conditions.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.3 - Scope of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) PCHs and
					 CAHs shall provide initial diagnostic services, a limited range of therapeutic
					 services, resuscitation and stabilization services, and shall have the ability
					 to arrange transport to other more appropriate facilities for patients in need
					 of services not offered at the PCH/CAH.
(b) A PCH/CAH shall provide a minimum set of
					 core services to meet patient needs, including:
(1) primary care: inpatient and ambulatory
					 services;
(2) inpatient
					 non-surgical clinical services;
(3)
					 emergency services sufficient to handle a range of urgent and limited emergent
					 care needs;
(4) laboratory
					 services;
(5) imaging services;
					 and
(6) pharmacy
					 services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.4 - Governing body

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The entity or
					 person established as operator of the PCH/CAH shall be legally responsible for
					 the quality of patient care services; for the conduct and obligations of the
					 hospital as an institution and for ensuring compliance with all Federal, State
					 and local laws. The operator's governing body, which shall mean the governing
					 authority as defined in section
					 600.9(a) of this
					 Title, shall operate in accordance with the provisions of section
					 405.2 of this Title except as
					 provided for below. In addition, the governing body shall:
(1) ensure that all officers, directors,
					 trustees, partners, or sole proprietors participate in orientation and
					 continuing education programs addressing the mission, role and responsibilities
					 of the hospital, the local EMS system and if appropriate, the network of which
					 the PCH/CAH is a member in meeting the health care needs of patients and the
					 community;
(2) adopt by-laws which
					 reflect the role, purpose and responsibilities of the PCH/CAH within any rural
					 health network in which it may operate;
(3) establish and maintain a coordinated
					 program, in conjunction with an affiliated full service hospital and other area
					 providers as appropriate, which integrates the operational review activities of
					 all hospital services for the purpose of enhancing the quality of patient care
					 and identifying and preventing potential malpractice issues;
(4) sets policies that assure that a doctor
					 of medicine or osteopathy and/or a registered physician's assistant under the
					 general supervision of a physician or a nurse practitioner collaborating with a
					 physician, is on duty at all times during regular scheduled hours of operation
					 of emergency care services, and other services at times determined appropriate
					 by the governing body of the hospital and specified by hospital policies and
					 procedures; and
(5) sets policies
					 that ensure that a doctor of medicine or osteopathy is on call at all
					 times.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.5 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) PCH and
					 CAH administration. PCHs and CAHs shall comply with the requirements of section
					 405.3 of this Title regarding
					 administration.
(b)
					 Admission/discharge/transfer.
(1) General.
(i) The administrative and
					 medical/professional staff shall develop for approval by the governing body
					 written admission and discharge policies designed to protect the health and
					 safety of patients, and shall not assign or delegate the functions of admission
					 and discharge to any referral agency.
(ii) The priority use of inpatient beds in
					 the hospital shall be for short stay acute cases that can be discharged or
					 transferred within a limited period of time. A PCH or CAH certified to provide
					 swing-bed services shall ensure the timely availability of acute care beds at
					 all times.
(iii) Long term cases
					 shall be assigned to the swing-bed capacity of the hospital.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.6 - Quality assurance and utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing body shall require the
					 establishment and maintenance of a written coordinated quality assurance
					 program which integrates the review activities of all PCH/CAH services to
					 enhance the quality of patient care. This program shall be designed to identify
					 and prevent potential malpractice issues, shall incorporate the minimum
					 standards for a quality assurance program delineated in section
					 405.6 of this Title and shall
					 require at least quarterly quality assurance reports to be submitted to the
					 governing body. For purposes of this Part, the quality assurance program may be
					 developed and implemented for all services in accordance with the ongoing
					 quality assurance program of the affiliated full service hospital.
(b) Where a PCH/CAH is a member of a rural
					 health network and there is a network-wide quality assurance program and/or
					 health information system, the PCH/CAH shall coordinate its assessment and
					 improvement activities with such program or system.
(c) The PCH's/CAH's quality assurance program
					 shall support a care delivery continuum and may utilize a performance
					 measurement system for the analysis of care provided which includes, but need
					 not be limited to:
(1) a permanent patient
					 record; and
(2) an indicator
					 measurement system for analysis of undesired outcomes related to:
(i) access to and availability of
					 cares;
(ii) variations from
					 generally accepted standards of professional practice; and
(iii) if the PCH/CAH is a member of a rural
					 health network, any departures within the network from established
					 medical/professional standards delineated in section
					 405.4(a)(1) of
					 this Title, and generally accepted practice guidelines.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.7 - Patients' rights

Current through Register Vol. 46, No. 28, July 10, 2024
PCHs/CAHs shall comply with the provisions of section
						405.7 of this Title with regard to
						patients' rights. However, for PCHs/CAHs that participate in a rural health
						network, requirements for skilled interpreters and personnel skilled in
						communicating with vision and hearing impaired individuals may be met through
						effective communication within the network including telephone, radio or
						electronic communications.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.8 - Medical/professional staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 medical/professional staff of the PCH/CAH shall consist of at least one doctor
					 of medicine or osteopathy and may also include licensed dentists and other
					 qualified personnel as defined in section
					 407.1(g) of this
					 Part and as determined to be appropriate by the governing body to provide
					 approved services in accordance with their respective qualifications and
					 patient needs.
(b) For purposes of
					 this section, the term medical staff, as used in section
					 405.4 of this Title, may refer to
					 the medical/professional staff of a PCH/CAH.
(c) For the conduct of its
					 medical/professional staff, PCHs/CAHs shall comply with the provisions of
					 section 405.4 of this Title. In addition
					 to such requirements, PCHs/CAHs shall:
(1)
					 ensure that members of the emergency medical/professional staff have
					 successfully completed the necessary course work and training for basic cardiac
					 life support or advanced cardiac life support, have received their
					 credentialing from the hospital and are available on-site at all times during
					 posted hours of operation;
(2)
					 ensure that a system is in place to provide for the ongoing oversight and
					 direction by a physician of all professional staff in accordance with
					 applicable practice acts and regulations;
(3) if the hospital is a member of a rural
					 health network, develop a system in which network medical/professional staff
					 participate and collaborate to provide consultation, assistance with medical
					 emergencies, and patient referrals; and
(4) ensure that at least one doctor of
					 medicine or osteopathy is available by radio or phone, and one is on standby as
					 a backup for consultation and patient referral assistance, on a 24-hour a day
					 basis except that CAHs shall ensure that physicians are present for sufficient
					 periods of time to provide the necessary and appropriate medical direction,
					 medical care services, consultation, and supervision of hospital health care
					 staff in accordance with patient needs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.9 - Nursing services

Current through Register Vol. 46, No. 28, July 10, 2024
The PCH/CAH shall have an organized nursing service with
						a written plan of administrative authority which delineates responsibilities
						for patient care.
(a) Organization.
					 The director of the nursing service shall be a licensed registered nurse with
					 appropriate education and experience. He or she shall be responsible for the
					 operation of the service, credentialing of nursing staff and the determination
					 of the types, numbers, and mix of nursing personnel and support staff necessary
					 to provide nursing care for all patients admitted to the hospital.
(b) Staffing and delivery of care. The
					 nursing service shall have adequate numbers of licensed registered nurses,
					 licensed practical nurses and other personnel to provide nursing care to all
					 patients as needed. There shall be supervisory and staff personnel for each
					 department or nursing unit to ensure the immediate availability within 20
					 minutes of a registered nurse for bedside care of any patient.
(1) The PCH shall be capable of providing
					 24-hour a day nursing care furnished or supervised by a registered nurse and
					 shall have a licensed practical nurse or registered nurse on duty at all times,
					 except for PCHs that have in effect a 24-hour a day nursing waiver granted by
					 the Federal government.
(2) CAHs
					 shall not be required to provide nursing staff when there are no inpatients in
					 the CAH.
(3) PCHs shall comply with
					 the provisions of section
					 405.5(a)(3)-(e)(2)
					 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.10 - Primary care related inpatient and outpatient services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition. Primary care related
					 inpatient and outpatient services are those non-critical or special care
					 services that are provided to patients on a short term inpatient or outpatient
					 basis to protect and promote the health and well being of the patients. Such
					 services shall be provided to inpatients who are in need of clinical preventive
					 services and/or the continuous management of non-critical medical conditions
					 and to members of the community on an outpatient basis.
(b) General provisions. Primary care related
					 inpatient and outpatient services shall be organized to meet the needs of
					 patients and provided to patients requiring such care on a short term basis.
					 PCH/CAH primary care services shall be provided through medical and
					 professional staff and support services appropriate to the scope of services
					 offered and consistent with the primary health care needs of the
					 patients.
(c) Organization and
					 direction. Primary care related inpatient services shall be directed by a
					 physician member of the medical/professional staff, who shall be responsible
					 for the administrative and clinical aspects of all such inpatient care
					 services. The director shall have received specialized training in and have
					 demonstrated competence in the organization and delivery of, primary care
					 services, and may also be responsible for the administrative and clinical
					 aspects of all outpatient primary care services.
(1) The provision of all primary care related
					 inpatient and outpatient services shall be in accordance with generally
					 accepted standards of medical practice and other licensed health care
					 practitioner standards of practice.
(2) The PCH shall ensure that written
					 policies and procedures are developed for the provision of all inpatient and
					 out patient primary care services, and implemented by the medical and
					 professional staff.
(3) Such
					 policies shall set forth procedures for ensuring that all patients are provided
					 with information necessary for their selection of or referral to community
					 based primary care providers, and for the ongoing management of a patient's
					 primary health care needs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.11 - Clinical and ancillary support services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction. Required clinical and
					 ancillary support services shall include diagnostic radiology, clinical
					 laboratory, pharmaceutical, food and dietetic and social services. The PCH
					 shall provide or have available such services as are necessary to meet the
					 needs of the patients and the medical staff. Such services shall meet
					 professionally approved standards for safety and personnel
					 qualifications.
(b) Organization
					 and direction.
(1) Diagnostic radiology
					 services shall be directed by a radiologist who satisfies the requirements of
					 section 405.15(a)(4)(i)
					 of this Title.
(2) Clinical
					 laboratory services shall be supervised by an individual who satisfies the
					 requirements of section
					 405.16(c)(1) of
					 this Title.
(3) Pharmacy services
					 shall be directed by a registered pharmacist who satisfies the requirements of
					 section 405.17 of this Title.
(4) Food, dietetic and social services shall
					 be directed by individuals who are qualified by experience or training to
					 manage and direct such services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.13 - Environmental health and infection control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) PCHs/CAHs shall comply with the
					 provisions of section
					 405.24 of this Title with regard
					 to assuring a safe and suitable environment for patients.
(b) PCHs/CAHs shall comply with the provision
					 of section
					 405.11 of this Title with regard
					 to infection control requirements.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 407 - Primary Care Hospitals-minimum Standards › Section 407.14 - Optional services

Current through Register Vol. 46, No. 28, July 10, 2024
A Primary Care Hospital (PCH) may offer additional
						special services, for which it is able to provide appropriate technical and
						human resources, in order to respond to community need or to assure quality in
						the delivery of services, Optional services may include but are not limited to
						ambulatory surgery, inpatient surgery under anesthesia, full range laboratory
						services, full range imaging services, radiation oncology and nuclear medicine,
						full range pharmacy services, physical medicine and rehabilitation services,
						respiratory care services, perinatal services, mental health services, blood
						bank/transfusion services, or special care services. Such services may only be
						provided if approved by the Commissioner of Health pursuant to sections
						407.2(a)  and
						407.3(c) of this
						Part and the applicable provisions of Part 710 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 408 - Central Services Facility Rural Health Networks (csfrhn) › Section 408.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A central
					 services facility rural health network (CSFRHN) shall be a not-for-profit
					 corporation established pursuant to article 28 of the Public Health Law, and
					 representative of health care providers within the network through board
					 representation, membership and written agreements or any combination thereof,
					 for the purpose of operating a rural health network. Such network board shall
					 also include representatives of the general public residing in the area served
					 by the central services facility rural health network.
(1) A CSFRHN may plan, and upon approval of
					 its network operational plan by the Commissioner of Health, coordinate, provide
					 or arrange for the provision of health care services to residents of the rural
					 area served by the network, may also perform administrative services for
					 providers participating in the network pursuant to such network operational
					 plan.
(i) At a minimum, the health care
					 services provided or arranged for by a CSFRHN shall include acute care,
					 comprehensive primary care, and emergency care.
(ii) A CSFRHN may provide or arrange for such
					 other medical, public health or health related services for which it or any
					 affiliated provider has received all requisite approvals.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 408 - Central Services Facility Rural Health Networks (csfrhn) › Section 408.3 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 establishment in accordance with the provisions of Part 680 of this Title, a
					 central services facility rural health network shall establish a board of
					 directors responsible for directing the operation of the network in accordance
					 with all applicable regulations and guidelines for networks. The board shall:
(1) include equitable representation from the
					 individual governing bodies and medical/professional or administrative staff of
					 participating network providers;
(2) include consumer representation
					 consisting of individuals unaffiliated with health care providers other than as
					 purchasers of health care services; and
(3) maintain an appropriate balance of
					 provider representatives and consumers residing in the rural area served by the
					 network on the CSFRHN's board of directors.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 408 - Central Services Facility Rural Health Networks (csfrhn) › Section 408.4 - Supervision by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The implementation of a NOP and operation of a CSFRHN
						shall be subject to the active supervision of the commissioner pursuant to the
						provisions of this Part and Parts 407, 680 and Subpart 752-1 of this Title, and
						in accordance with the following provisions.
(a) Approval and implementation of network
					 operational plans. A central services facility rural health network shall
					 implement a network operational plan only after receiving the approval of the
					 commissioner to do so.
(1) Networks seeking
					 approval to implement an operational plan shall submit the plan simultaneously
					 to the department and to the HSA(s) having geographical jurisdiction in the
					 region in which the network intends to operate.
(2) The commissioner shall consider the
					 recommendations of the HSA(s) having jurisdiction in the region in which the
					 network intends to operate in determining whether to approve or disapprove a
					 NOP.
(3) The commissioner shall
					 notify the applicant, the appropriate HSA(s), and the Public Health Council in
					 writing of a determination to approve a NOP and of his findings concerning
					 access and proposed efficiencies supporting such determination.
(4) Where the commissioner proposes to
					 disapprove a network operational plan, he shall provide the applicant with a
					 detailed written statement of the basis or bases for such
					 disapproval.
(5) In the event that
					 a CSFRHN fails to implement an approved network operational plan in accordance
					 with its terms, is the subject of a resolution by the Public Health Council
					 revoking its establishment approval or fails to provide information required or
					 requested in the course of the commissioner's active supervision of the
					 network, the commissioner, after a hearing, may revoke, limit or annul approval
					 to implement a NOP. The commissioner shall notify the network, the Public
					 Health Council and the HSA(s) having geographical jurisdiction in the region in
					 which the network operates regarding any proposed revocation, limitation or
					 annulment of approval to implement a NOP.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 410 - Scheduled Short-term Care In A Nursing Home › Section 410.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scheduled
					 short-term care in a nursing home shall mean 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 goal of scheduled
					 short-term care is to provide relief for the caregiver(s) while providing
					 nursing home care for the individual. 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.
(b) A caregiver shall mean a family member or
					 other person who routinely provides the daily care or supervision of the
					 individual in the home.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 410 - Scheduled Short-term Care In A Nursing Home › Section 410.3 - Service approval and physical space

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A request for approval of a proposal for a scheduled short-term care service
					 shall be subject to a limited review pursuant to the provisions of section
					 710.1(c)(5)(iv)(c)
					 of this Title. Letters of request shall include any information relating to
					 costs for construction or hiring of new staff associated with this
					 proposal.
(b) The addition of up to
					 two beds to be used exclusively for scheduled short-term care, shall not be
					 counted within the State certified bed capacity of the facility and shall be
					 exempt from the provisions of section
					 709.1 (Determination of Public
					 Need Pursuant to section
					 2802 of the
					 Public Health Law) and section
					 709.3 (Residential Health Care
					 Facility Beds) of this Title.
(c)
					 The spaces and equipment shall meet the applicable standards of construction
					 set forth in Part 711 or 713 of Subchapter C of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 411 - Ombudsmen Access To Residential Health Care Facilities › Section 411.1 - Duty of the operator

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall:
(a) ensure that long-term care ombudsmen who
					 are duly certified and designated by the State Office for the Aging pursuant to
					 section
					 218 of the elder law
					 shall have access to a residential health care facility without restriction,
					 and shall prohibit interference with ombudsmen when they are performing their
					 official duties and retaliation or reprisal against any resident, employee or
					 other person, who has filed a complaint with, or provided information to, such
					 ombudsmen;
(b) ensure privacy and
					 confidentiality in such visits with the residents by duly authorized ombudsmen;
					 and
(c) ensure that ombudsmen shall
					 have access to medical and personal records, subject to the following
					 provisions and exceptions:
(1) access by an
					 ombudsman must be provided when:
(i) the
					 resident or the resident representative, as defined in paragraph (f) of
					 subdivision 1 of section
					 218 of the elder law,
					 has provided informed consent in writing or through the use of auxiliary aids
					 or services;
(ii) the resident or
					 resident representative communicates informed consent orally, visually, or
					 through the use of auxiliary aids and services, and such consent is documented
					 contemporaneously by an ombudsman; or
(iii) access is necessary in order to
					 investigate a complaint, the resident representative refuses to consent to the
					 access, an ombudsman has reasonable cause to believe that the resident
					 representative is not acting in the best interests of the resident, and the
					 ombudsman obtains the approval of the state long-term care
					 ombudsman.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 412 - Reporting Information For Inspections › Section 412.1 - Facility-supplied information required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 As a part of the inspection process, each residential health care facility
					 operating under the provisions of article 28 of the Public Health Law shall
					 complete and file a report with the appropriate area office of the New York
					 State Department of Health, Office of Health Systems Management. Such report
					 shall be in a form as prescribed by the commissioner and may include, but not
					 be limited to, a reporting of information concerning the facility in the
					 following areas:
(1) administration and
					 management;
(2) staffing;
(3) structure and functions of facility
					 committees;
(4) facility policies
					 and procedures; and
(5) physical
					 environment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 412 - Reporting Information For Inspections › Section 412.2 - Certification by operator or administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The report shall be certified by the
					 operator or the administrator on behalf of the operator of the residential
					 health care facility.
(b) The form
					 of the certification required in subdivision (a) of this section shall be
					 prescribed in the report form provided by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 412 - Reporting Information For Inspections › Section 412.3 - Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall be construed to limit the
						authority of the commissioner to inspect residential health care facilities
						pursuant to subdivision (1) of section
						2803 of the
						Public Health Law and, in the instance of a facility participating in title
						XVIII and/or title XIX of the Social Security Act, for departmental
						certification of the facility for title XVIII and/or title XIX provider
						agreement purposes.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 413 - Consumer Information System › Section 413.1 - Consumer information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department shall issue to each nursing home consumer information based on the
					 findings from any on-site regulatory visit.
(b) Consumer information shall include as a
					 minimum the residential health care facility (RHCF) survey profile which
					 summarizes the results of a regulatory visit; any statement of deficiencies
					 issued since the last certification survey; the enforcement poster, if
					 applicable; and other information relating to the facility available through
					 the consumer information system.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 413 - Consumer Information System › Section 413.2 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility
					 shall post consumer information in a prominent location where it is readily
					 accessible and can be seen easily by all residents, residents' designated
					 representatives, residents' families and visitors.
(b) The RHCF survey profile and any statement
					 of deficiencies issued since the last certification survey shall be posted at
					 the time the facility sends a plan of correction to the appropriate area office
					 or in any event, no later than 14 days from the receipt of the statement of
					 deficiencies or survey profile summary. Any enforcement poster shall be posted
					 immediately on receipt and shall remain in place until the enforcement action
					 is resolved.
(c) The consumer
					 information shall remain posted during the time any appeal by the facility is
					 in process.
(d) Facility staff
					 shall be made available at the request of a resident or prospective resident,
					 their designated representative, or family to discuss consumer
					 information.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 413 - Consumer Information System › Section 413.3 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility
					 may appeal the accuracy of the RHCF survey profile summary to the commissioner
					 within 20 days after receipt of such information. An appeal of the accuracy of
					 the RHCF survey profile summary shall be limited to whether such summary
					 accurately reflects the findings set forth in the statement of
					 deficiencies.
(b) The department,
					 in response to an appeal by the facility, shall:
(1) acknowledge the appeal;
(2) review the appeal and any documentation
					 submitted by the facility;
(3)
					 notify the facility in writing of the decision of the appeal; and
(4) issue a new or amended facility survey
					 profile summary, if appropriate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 414 - Nursing Homes-continuous Violation Penalties › Section 414.1 - System of penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to Public Health Law, section 2803(6), a system
						of penalties of up to $1,000 per day for continuing for violations of rules and
						regulations promulgated pursuant to article 28 of the Public Health Law
						pertinent to the operation of nursing homes and pertaining to resident care in
						those nursing homes is established in this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 414 - Nursing Homes-continuous Violation Penalties › Section 414.2 - Criteria for continuous violation penalties

Current through Register Vol. 46, No. 28, July 10, 2024
When the commissioner elects to impose continuous
						violation penalties, the amount of those penalties shall be based on a
						consideration of the consequences of substandard care of the resident(s)
						associated with each violation and on the harm done to the condition of the
						resident(s). The daily dollar amount per violation for each specific violation
						shall be calculated in accordance with the following criteria:
Characteristic of the
									 Violation
Daily
									 Penalty
(a) If the violation continues over time harm
									 is likely to occur, harm not requiring professional staff intervention has
									 occurred or there is potential for harm with or without the need for
									 professional staff intervention and the occurrence is one that should be
									 reported to supervisory personnel or facility administration for
									 response.
$ 600
(b) Harm has occurred which required
									 professional staff intervention.
$ 800
(c) Physical and life threatenting harm has
									 occurred and steps would ordinarily be taken beyond reporting to the facility
									 administrator to prevent recurrence, such as relocation out of the facility or
									 notification of regulatory authorities.
$1,000
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 414 - Nursing Homes-continuous Violation Penalties › Section 414.3 - Additional penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Penalties as established in this Part shall be additional
						and cumulative to all other penalties or remedies existing for violations of
						article 28 of the Public Health Law and of the rules and regulations
						promulgated pursuant to such article.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 414 - Nursing Homes-continuous Violation Penalties › Section 414.10 to 414.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 415 - Nursing Homes-minimum Standards › General › Section 415.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions, unless context clearly
						  requires otherwise shall apply to this Article:
(a) Ambulant resident (see section
						415.37[a][3] of
						this Part).
(b) Certified nurse
						aide shall mean an individual who is listed in the New York State Nursing Home
						Nurse Aide Registry as specified in section
						415.26(d) of this
						Part.
(c) Clinical skills evaluator
						(see section
						415.26[d][1][iii]
						of this Part).
(d) Commissioner
						shall mean the State Commissioner of Health.
(e) Department shall mean the New York State
						Department of Health.
(f)
						Designated representative shall mean the individual or individuals designated
						in accordance with this subdivision to receive information and to assist and/or
						act in behalf of a particular resident to the extent permitted by State law; it
						being understood that a designated representative specified in subparagraph
						(1)(iii) of this subdivision is not a health care agent as defined in article
						29-C of the Public Health Law.
(1) Such
						individual or individuals shall be designated, with such designation noted in
						the clinical record:
(i) by a court of law
						when the designation of an individual, committee or guardian has been
						sought;
(ii) by the resident if the
						resident has the capacity to make such designation; or
(iii) by family members and other parties who
						have an interest in the well-being of the resident who, after discussion with
						the facility, identify the individual or individuals most personally involved
						in the resident's care, if the resident lacks the capacity to make such
						designation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 415 - Nursing Homes-minimum Standards › Residential Rights and Services › Section 415.3 - Residents' rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility
						shall ensure that all residents are afforded their rights to a dignified
						existence, self - determination, respect, full recognition of their
						individuality, consideration and privacy in treatment and care for personal
						needs, and communication with an d access to persons and services inside and
						outside the facility. The facility shall protect and promote the rights of each
						resident, and s hall encourage and assist each resident in the fullest extent
						possible exercise of these rights as set forth in subdivisions (b) - (i) of
						this section. The facility shall also consult with the residents in
						establishing and implementing facility policies regarding residents' rights and
						responsibilities.
(1) The facility shall
						advise each member of the staff of his or her responsibility to understand,
						protect and promote the rights of each resident as enumerated in this
						section.
(2) The facility shall
						fully inform the resident and the resident's designated representative both
						orally and in writing in a method of communication that the individuals
						understand the resident's rights and all rules and regulation governing
						resident conduct and responsibilities during the stay in the facility. Such
						notification shall be made prior to or upon admission and during the resident's
						stay. Receipt of such information, and any amendments to it, shall be
						acknowledged in writing. A summary of such information shall be provided by the
						Department and posted in the facility in large print and in language that is
						easily understood.
(3) The written
						information provided pursuant to paragraph (2) of this subdivision shall
						include, but not be limited to a listing of those resident rights and facility
						responsibilities enumerated in subdivisions (b) through (i) of this section.
						The facility's policies and procedures shall also be provided to the resident
						and the resident's designated representative upon request.
(4) The facility shall communicate to the
						resident an explanation of his or her responsibility to obey all reasonable
						regulations of the facility and to respect the personal rights and private
						property of other residents.
(5)
						Any written information required by this Part to be posted shall be posted
						conspicuously in a public place in the facility that is frequented by residents
						and visitors, posted at wheelchair height.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 415 - Nursing Homes-minimum Standards › Residential Rights and Services › Section 415.5 - Quality of life

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall care for its residents in a manner
						  and in an environment that promotes maintenance or enhancement of each
						  resident's quality of life.
(a)
						Dignity. The facility shall promote care for residents in a manner and in an
						environment that maintains or enhances each resident's dignity and respect in
						full recognition of his or her individuality.
(b) Self-determination and participation. The
						resident shall have the right to:
(1) choose
						activities, schedules, and health care consistent with his or her interests,
						assessments and plans of care;
(2)
						interact with members of the community both inside and outside the facility;
						and
(3) make choices about aspects
						of his or her life in the facility that are significant to the
						resident.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 3 - Residential Care Facilities › Part 415 - Nursing Homes-minimum Standards › Residential Rights and Services › Section 415.6 to 415.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024