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 3 - Residential Care Facilities › Part 415 - Nursing Homes-minimum Standards › Clinical Services › Section 415.11 - Resident assessment and care planning

Current through Register Vol. 46, No. 28, July 10, 2024
Upon admission and periodically thereafter the facility
						  shall conduct a comprehensive, accurate, standardized, reproducible assessment
						  of each resident's functional capacity. Based on the results of these
						  assessments, the facility shall develop and keep current an individualized
						  comprehensive plan of care to meet each resident's needs.
(a) Comprehensive assessments.
(1) The facility shall conduct a
						comprehensive assessment of each resident's needs, which describes the
						resident's capability to perform daily life functions and identifies
						significant impairments in functional capacity. All comprehensive assessments
						completed after April 1, 1991 shall be recorded on a uniform data instrument
						designated by the Department of Health.
(2) The comprehensive assessment shall
						include at least the following information:
(i) medically defined conditions and prior
						medical history;
(ii) medical
						status measurement;
(iii) physical
						and mental functional status;
(iv)
						sensory and physical impairments;
(v) nutritional status and
						requirements;
(vi) special
						treatments or procedures;
(vii)
						discharge potential;
(viii) mental
						and psychosocial status;
(ix)
						dental condition;
(x) activities
						potential;
(xi) rehabilitation
						potential;
(xii) cognitive status;
						and
(xiii) drug therapy.
(3) Frequency. Comprehensive
						assessments shall be conducted:
(i) no later
						than 14 days after the date of admission;
(ii) promptly after a significant improvement
						or decline in the resident's physical, mental or psychosocial status in
						accordance with generally accepted standards of care and services;
						and
(iii) in no case less often
						than once every 12 months for each resident.
(4) Review of assessments. Professional staff
						shall examine each resident no less than once every three months, and as
						appropriate, revise the resident's comprehensive assessment to assure the
						continued accuracy of the assessment.
(5) Use. The results of the comprehensive
						assessment shall be used by the interdisciplinary care team as defined in
						subparagraph (c)(2)(ii) of this section to develop, review, and revise the
						resident's comprehensive plan of care, under subdivision (c) of this
						section.
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 › Clinical Services › Section 415.12 - Quality of care

Current through Register Vol. 46, No. 28, July 10, 2024
Each resident shall receive and the facility shall
						  provide the necessary care and services to attain or maintain the highest
						  practicable physical, mental and psychosocial well-being, in accordance with
						  the comprehensive assessment and plan of care subject to the resident's right
						  of self-determination.
(a) Activities
						of daily living. Based on the comprehensive assessment of a resident, the
						facility shall ensure that:
(1) a resident's
						abilities in activities of daily living do not diminish unless circumstances of
						the individual's clinical condition demonstrate that diminution was
						unavoidable. This includes the resident's ability to:
(i) bathe, dress and groom;
(ii) transfer and ambulate;
(iii) toilet;
(iv) eat; and
(v) use speech, language or other functional
						communication systems;
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 › Clinical Services › Section 415.13 - Nursing Services and Minimum Nursing Staff Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall have sufficient nursing staff to
						  provide nursing and related services to attain or maintain the highest
						  practicable physical, mental, and psychosocial well-being of each resident, as
						  determined by resident assessments and individual plans of care. The facility
						  shall assure that each resident receives treatments, medications, diets and
						  other health services in accordance with individual care plans.
(a) Staffing standards. The facility shall
						have sufficient nursing staff to provide nursing and related services to attain
						or maintain the highest practicable physical, mental, and psychosocial
						well-being of each resident, as determined by resident assessments and
						individual plans of care. The facility shall further assure that staffing
						levels enable each resident to receive treatments, medications, diets and other
						health services in accordance with individual care plans. At a minimum, the
						facility shall ensure its daily nursing staff levels comply with paragraph (2)
						of subdivision (b) of this Section; provided, however, that compliance with
						paragraph (2) of subdivision (b) of this Section shall not serve as a defense
						where the facility has failed to provide sufficient nursing care to residents
						in accordance with their resident assessment and individual plans of care, or
						the facility failed to ensure residents received ordered treatments,
						medications, diets or other health services consistent with the residents'
						individual plans of care and in accordance with federal and State law and
						regulations.
(b) Sufficient staff.
(1) The facility shall provide services by
						sufficient numbers of each of the following types of personnel on a 24-hour
						basis to provide nursing care to all residents in accordance with resident care
						plans:
(i) registered professional nurses or
						licensed practical nurses;
(ii)
						certified nurse aides, meaning any person included in the nursing home nurse
						aide registry pursuant to Section
						2803-j of
						the Public Health Law; and
(iii)
						other nursing personnel.
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 › Clinical Services › Section 415.14 - Dietary services

Current through Register Vol. 46, No. 28, July 10, 2024
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.
(a) Direction. The facility shall employ a
						qualified dietitian either full-time, part-time or on a consultant basis who
						shall be responsible for the nutrition services in the nursing home.
(1) The facility shall designate a qualified
						dietitian or a dietetic service supervisor qualified on the basis of education,
						training and experience in food service management to serve as the director of
						food service. If the director of food service is not a qualified dietitian,
						such individual shall receive frequently scheduled consultation from a
						qualified dietitian.
(2) A
						qualified dietitian is one who is qualified based upon:
(i) registration by the Commission on
						Dietetic Registration of the American Dietetic Association;
(ii) education, training, and experience in
						identification of dietary needs, planning and implementation of dietary
						programs; or
(iii) certification as
						a certified dietitian or certified nutritionist in accordance with article 157
						of the Education Law.
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 › Clinical Services › Section 415.15 - Medical services

Current through Register Vol. 46, No. 28, July 10, 2024
The nursing home shall develop and implement medical
						  services to meet the needs of its residents.
(a) Medical director. The facility shall
						designate a full-time or part-time physician to serve as medical director. The
						medical director shall be responsible for:
(1) implementation of resident medical care
						policies;
(2) the coordination of
						physician services and medical care in the facility;
(3) coordinating the review, prior to
						granting or renewing professional privileges or association, of any physician,
						dentist or podiatrist as required by Public Health Law, section 2805-j. H
						ospital-based nursing homes may utilize the hospital's medical staff membership
						review system to facilitate this review. Such review shall be coordinated with
						the activities of the Quality Assessment and Assurance Committee established in
						section 415.27 of this Part and shall:
(i) provide for the maintenance and
						continuous collection of information concerning the facility's experience with
						negative health care outcomes and incidents injurious to residents, resident
						grievances, professional liability premiums, settlements, awards, costs
						incurred by the facility for resident injury prevention and safety improvement
						activities;
(ii) periodically
						reconsider the credentials, physical and mental capacity and competency in
						delivery of health care services of all physicians, dentists or podiatrists who
						are employed or associated with the facility;
(iii) gather information concerning
						individual physicians, dentists and podiatrists within the individual
						physician's, dentist's or podiatrist's personnel file maintained by the
						facility; and
(iv) prior to renewal
						of privileges of physicians, dentists, or podiatrists, solicit and consider
						information provided by the Resident Council about each such practitioner;
						and
(4) assuring that
						each resident's responsible physician attends to the resident's medical needs,
						participates in care planning, follows the schedule of visits maintained in
						accordance with subdivision (b) of this section, and complies with facility
						policies. When a physician fails to provide services which meet generally
						accepted standards of practice, the medical director shall take necessary
						corrective measures and refer the matter to the Office of Professional Medical
						Conduct of the department as 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 415 - Nursing Homes-minimum Standards › Clinical Services › Section 415.16 - Rehabilitative services

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities shall provide or obtain rehabilitative
						  services such as audiology, speech therapy, speech-language pathology, and
						  occupational therapy for every resident it admits in accordance with the
						  resident's comprehensive plan of care to obtain or maintain the highest
						  practicable physical well-being in accordance with generally accepted standards
						  of rehabilitative care and services.
(a) Provision of services. If specialized
						rehabilitative services are required in the resident's comprehensive plan of
						care, the facility shall:
(1) provide the
						required services; or
(2) obtain
						the required services from an outside resource, in accordance with section
						400.4 of this Title, who is a
						provider of specialized rehabilitative services.
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 › Clinical Services › Section 415.17 - Dental services

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall provide oral hygiene care and
						  routine and 24-hour emergency dental care in accordance with the comprehensive
						  resident care plan and which meets generally accepted standards of dental and
						  dental hygiene care and services.
(a)
						Organization. The facility shall appoint a licensed and currently registered
						dentist to assist the facility in the development and implementation, in
						cooperation with nursing and medical services, of written dental service and
						oral hygiene policies and procedures which:
(1) establish oral hygiene and dental care as
						components of interdisciplinary resident care planning and treatment;
(2) develop an oral hygiene program to be
						jointly administered by nursing, dental and dental hygiene staff;
(3) set forth in detail how emergency care to
						alleviate pain, infection, or swelling and routine dental services are to be
						provided and the specific arrangements with dentist(s) who are to provide these
						services including the prompt referral of residents with lost or damaged
						dentures to a dentist if such residents will benefit from such referral;
						and
(4) establish a system of
						determining dental treatment goals for each resident based on the resident's
						need relative to his or her physical and mental level of functioning, the
						overall plan of care for the resident and the resident's preferences. These
						treatment goals shall range on a continuum, progressing from all essential
						dental services to only routine oral hygiene services and emergency services.
						The decision to defer treatment of identified dental conditions shall be
						documented based on physical or mental contraindications for care and the
						resident's informed choice.
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 › Clinical Services › Section 415.18 - Pharmacy services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						facility shall provide pharmaceutical services and develop and implement
						policies and procedures that assure the accurate acquisition, receipt,
						dispensing and administering of all drugs and biologicals required to meet the
						needs of each resident. The facility shall provide routine and emergency drugs
						and biologicals directly to its residents, or obtain them under a contract as
						described in section
						400.4 of this Title. The facility
						shall be licensed under article 33 of the Public Health Law and Part 80 of this
						Title.
(b) Service consultation.
						The facility shall employ or obtain the services of a registered pharmacist
						who:
(1) provides consultation on all aspects
						of the provision of pharmacy services in the facility;
(2) establishes a system of records of
						receipt and disposition of all controlled drugs; and
(3) determines that drug records are in order
						and that an account of all controlled drugs is maintained and periodically
						reconciled consistent with the requirements of article 33 of the Public Health
						Law and Part 80 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 415 - Nursing Homes-minimum Standards › Clinical Services › Section 415.19 - Infection control

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall establish and maintain an infection
						  control program designed to provide a safe, sanitary, and comfortable
						  environment in which residents reside and to help prevent the development and
						  transmission of disease and infection.
(a) Infection control program. The facility
						shall establish an infection control program with written policies and
						procedures under which it:
(1) investigates,
						controls and takes action to prevent infections in the facility;
(2) determines what procedures such as
						isolation and universal precautions should be utilized for an individual
						resident and implements the appropriate procedures;
(3) maintains a record of incidence and
						corrective actions related to infections; and
(4) collects documentation of vaccination
						against influenza, or requires wearing of a surgical or procedure mask during
						the influenza season, for personnel who have not received the influenza vaccine
						for the current influenza season, pursuant to section
						2.59 of this Title.
(5) collects documentation of COVID-19 or
						documentation of a valid medical exemption to such vaccination, for all
						personnel pursuant to section
						2.61 of this title, in accordance
						with applicable privacy laws, and making such documentation immediately
						available upon request by the Department, as well as any reasonable
						accommodation addressing such exemption.
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 › Clinical Services › Section 415.20 - Laboratory and blood bank

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Approved laboratory or blood bank. The facility shall provide for blood and
						laboratory services to meet the needs of its residents, pursuant to orders by
						authorized licensed practitioners, and shall be responsible for the quality and
						timeliness of such services:
(1) by promptly
						performing such services as the facility is licensed to provide directly under
						Subparts 58-1 and 58-2 of this Title, as appropriate, and, is certified to
						perform by the Medicare program; and
(2) by promptly arranging for an approved
						blood bank or laboratory services to perform such services as the facility may
						require, but not provide. Such services shall be obtained from entities
						approved under Subparts 58-1 and 58-2 of this Title, as appropriate, which are
						certified by the Medicare program to provide such services.
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 › Clinical Services › Section 415.21 - Radiology and other diagnostic services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility shall provide or obtain
						radiology and other diagnostic services to meet the needs of its residents
						pursuant to an order by an appropriate practitioner. The facility shall be
						responsible for the quality and timeliness of such services.
(1) The facility shall promptly perform such
						services as the facility is licensed to provide directly under Part 16 of this
						Title. The services shall be provided in accordance with generally recognized
						standards of care and services.
(i) The
						diagnostic radiology and other diagnostic services shall be free from hazards
						for residents and staff.
(ii)
						Personnel. A qualified full-time, part-time, or consulting physician, who is
						qualified by education and experience in radiology, shall supervise the
						ionizing radiology services and shall interpret those tests that are determined
						by the governing body, and the medical director, to require such physician's
						specialized knowledge. Upon recommendation of such qualified physician, the
						medical director shall designate the practitioners and staff, in accordance
						with Part 89 of this Title, who may use the radiologic equipment, administer
						procedures and interpret test results.
(iii) Records. Records of diagnostic
						radiologic services shall be maintained.
(a)
						The practitioner who performs radiology services shall prepare and authenticate
						reports of his or her interpretations.
(b) The facility shall maintain for at least
						six years or three years after a resident who is a minor reaches the age of
						majority (18) films, scans, and other image records which have not been
						incorporated into the resident's clinical record.
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 › Clinical Services › Section 415.22 - Clinical records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility
						shall maintain clinical records for each resident in accordance with accepted
						professional standards and practice. The records shall be:
(1) complete;
(2) accurately documented;
(3) readily accessible; and
(4) systematically organized.
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 › Administrative › Section 415.26 - Organization and administration

Current through Register Vol. 46, No. 28, July 10, 2024
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.
(a) Administration.
(1) No nursing home shall operate unless it
						is under the supervision of an administrator who holds a currently valid
						nursing home administrator's license and registration, or temporary license,
						issued pursuant to article 28-D of the Public Health Law. The administrator
						shall set an example for all staff members, consultants and others affiliated
						with the facility which recognizes that the institution exists to serve the
						interests of and the needs of the residents, which emphasizes the importance of
						a resident's right to independence regarding all aspects of institutional life
						and encourages residents to participate together with staff in resolving
						conflicts and problems which frequently arise in a group residential setting.
						The administrator shall:
(i) be readily
						accessible to residents and staff for consultations;
(ii) involve the Resident Council in
						addressing the need to seek compromises between conflicting resident and staff
						interests and needs;
(iii)
						encourage professional and respectful behavior on the part of the staff toward
						residents; and
(iv) seek to involve
						staff at all levels in developing and implementing an interdisciplinary
						approach to resident services, in order to better serve the individual and
						group interests of residents.
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 › Administrative › Section 415.27 - Quality assessment and assurance

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall establish and maintain a coordinated
						  quality assessment and assurance program which integrates the review activities
						  of all nursing home programs and services to enhance the quality of life and
						  resident care and treatment.
(a)
						Facility-wide quality assurance. Quality assurance shall be the responsibility
						of all staff, at every level, at all times. Supervisory personnel alone cannot
						ensure quality of care and services. Such quality must be a part of each
						individual's approach to his or her daily responsibilities.
(b) Quality assessment and assurance
						committee. The facility shall maintain a quality assessment and assurance
						committee consisting of at least the following:
(1) the administrator or his or her
						designee;
(2) the director of
						nursing services;
(3) a physician
						designated by the facility;
(4) at
						least one member of the governing body who is not otherwise affiliated with the
						nursing home in an employment or contractual capacity; and
(5) at least three other members of the
						facility's staff.
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 › Administrative › Section 415.28 - Disclosure of ownership

Current through Register Vol. 46, No. 28, July 10, 2024
The nursing home shall make available pertinent
						  information concerning the identity of the owner and/or governing body and in
						  addition shall:
(a) comply with the
						provisions of section
						401.3(b) of this
						Title regarding any proposed changes in the name of a business, corporation,
						partnership or governmental subdivision and any proposed initial use of, or
						change in, an assumed name of a business corporation, not-for-profit
						corporation, partnership, governmental subdivision or sole proprietor,
						operating a medical facility or fundraiser under article 28 of the Public
						Health Law, or any proposed substitution of the individual or individuals
						constituting the governing body or owner of a proprietary medical facility or
						any proposed change in the rights, privileges or obligations of any such
						person;
(b) comply with the
						provisions of section
						600.11 of this Title regarding
						name changes of operators and medical facilities;
(c) provide written notice to the department,
						at the time of change, if a change occurs in the nursing home's administrator
						or director of nursing; and
(d)
						ensure that the notice provided in accordance with subdivision (c) of this
						section includes the identity of each new individual.
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 › Administrative › Section 415.29 - Physical environment

Current through Register Vol. 46, No. 28, July 10, 2024
The nursing home shall be designed, constructed,
						  equipped and maintained to provide a safe, healthy, functional, sanitary and
						  comfortable environment for residents, personnel and the public.
(a) Life safety from fire and other hazards.
(1) Buildings and equipment shall be
						maintained and operated so as to prevent fire and other hazards to personal
						safety.
(2) Nursing homes shall
						comply with section
						711.2(a) of this
						Title.
(3) The nursing home shall
						maintain a procedure to investigate fires. A written report of the
						investigation containing all pertinent information shall be made. The report
						shall remain on file for not less than six years.
(4) The nursing home shall maintain a
						procedure for reporting to a designated administrative officer on a standard
						form adopted for the purpose, all accidents to residents, staff, employees or
						visitors. The report shall include all pertinent information and shall be kept
						on file for not less than six years after the occurrence was
						reported.
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 › Administrative › Section 415.30 - General records

Current through Register Vol. 46, No. 28, July 10, 2024
The nursing home shall maintain information necessary
						  to permit the production of the following records immediately upon request and
						  any other records required by the provisions of this Chapter:
(a) a chronological listing of residents
						admitted, by name, with identifying information and the place from which the
						resident is admitted or transferred;
(b) a chronological listing of residents
						discharged, by name, including the reason for discharge, adequate identifying
						information and the place to which the resident is discharged or
						transferred;
(c) a daily census
						record consisting of a summary report of the daily resident census with
						cumulative figures for each month and each year;
(d) a resident personal nonmedical record
						consisting of an appropriate record for each resident, including identification
						of next of kin, family and sponsor, all details of the referral and admission
						and nonmedical correspondence and papers concerning the resident;
(e) a general fiscal record for each
						resident, including copies of all agreements or contracts, account records, and
						a current inventory of personal property held in safekeeping;
(f) an accident and incident record which
						shall include a clear description of every accident and any other incident
						involving behavior of a resident or staff member that poses a threat to a
						resident or staff member, the resident's version of the accident or incident
						unless the resident objects or is unable to give a report due to his/her
						medical condition, names of individuals involved and a description of medical
						and other services provided, by whom such are provided, and the steps taken to
						prevent recurrence, with a copy of the resident's version as reported given to
						the resident and/or the resident's designated representative;
(g) personnel records for each employee,
						including the administrator, containing all available pre-employment
						information, orientation and full in-service record;
(h) personnel policies, including statements
						of all policies affecting personnel and a job description for each staff
						position;
(i) financial records
						which identify all income by source and describe all expenditures by
						category;
(j) records for nursing
						service administration, including:
(1) a
						nursing service organization chart;
(2) a master plan for staffing; and
(3) a nursing service policies and procedures
						manual;
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 › Administrative › Section 415.31 - New york state rhcf nurse aide registry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Content. The New York State RHCF Nurse
						Aide Registry shall include but not be limited to the following information
						concerning each certified nurse aide as applicable/appropriate:
(1) full name of nurse aide, including maiden
						name and/or other surnames used;
(2) address of nurse aide when
						certified/recertified;
(3) date of
						birth;
(4) social security
						number;
(5) name and date of
						State-approved training and competency program(s) successfully
						completed;
(6) certification number
						of nurse aide with a descriptive modifier indicating how the nurse aide
						obtained certification;
(7) most
						recent recertification date of nurse aide;
(8) final findings of instances of resident
						abuse, mistreatment or neglect against a nurse aide with date of hearing or
						finding;
(9) the nursing home
						employer at the time of certification/recertification and date of employment by
						that employer;
(10) a record of
						criminal conviction for resident abuse, mistreatment, neglect or
						misappropriation of resident property against a nurse aide and the date of
						conviction; and
(11) a statement by
						the nurse aide disputing the findings or conviction that may not exceed 150
						words, nor contain information which identifies other persons.
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 › Administrative › Section 415.32 - Weekly bed census data survey

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Definitions. As used in this section, the following terms shall have the
						following meanings:
(1) "Communications
						Directory" (Directory) shall mean a listing of all organizations with access to
						the HCS, ordered by type, and including the identity of and contact information
						for individuals at each organization who:
(i)
						perform specific job functions identified by the Department; and/or
(ii) have access to perform certain data
						exchange functions on the HCS.
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 › Administrative › Section 415.33 - [Expired] COVID-19 and Influenza Confirmatory Testing

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 › Optional Services › Section 415.37 - Services for residents with acquired immune deficiency syndrome (aids)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
(1) This section applies to a nursing home
						approved by the commissioner pursuant to Part 710 of this Title as a provider
						of specialized services for residents with AIDS. Such facility shall provide
						comprehensive and coordinated health services and programs in accordance with
						the requirements set forth in this section and this Part, unless a contrary
						requirement is contained in this section.
(2) For purposes of these regulations, AIDS
						shall mean acquired immune deficiency syndrome and other human immunodeficiency
						virus (HIV) related illness.
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 › Optional Services › Section 415.38 - Long-term ventilator dependent residents

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities which admit and care for residents who
						  require nursing home care and continuous or intermittent use of a ventilator
						  shall comply with the following additional requirements pertinent to the care
						  of those residents.
(a) General. The
						facility shall develop and implement admission, resident care management,
						transfer and discharge policies and procedures that promote delivery of
						medical, nursing and respiratory care services consistent with generally
						accepted standards of professional practice.
(1) Residents shall be congregated within the
						facility in a single nursing care unit.
(2) 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.
(3) The facility shall have a transfer
						agreement with a general hospital which:
(i)
						is located within 20 minutes travel time of the facility;
(ii) is equipped and staffed for the acute
						care and management of ventilator dependent patients; and
(iii) has granted privileges to pulmonary
						care physicians to admit and care for ventilator dependent residents who may
						require hospital admission.
(4) Laboratory, mental health and diagnostic
						radiology services appropriate to the needs of the residents shall be readily
						available either directly or by arrangement.
(5) The facility shall have an effective
						program of preventive and periodic maintenance of ventilator equipment which
						meets or exceeds the manufacturer's requirements for the equipment and prevents
						the spread of infections and communicable disease.
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 › Optional Services › Section 415.39 - Specialized programs for residents requiring behavioral interventions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) Specialized programs for residents
						requiring behavioral interventions (the program) shall mean 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. 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.
(2) The program shall serve residents who are
						a danger to self or others and who display violent or aggressive behaviors
						which are typically exhibited as physical or verbal aggression such as clear
						threats of violence. This behavior may be unpredictable, recurrent for no
						apparent reason, and typically exhibited as assaultive, combative, disruptive
						or socially inappropriate behavior such as sexual molestation or fire
						setting.
(3) The program shall be
						located in a nursing unit which is specifically designated for this purpose and
						physically separate from other facility residents. The unit shall be designed
						in accordance with the provisions as set forth in Subpart 713-2 of this
						Title.
(4) The facility shall have
						a written agreement with an inpatient psychiatric facility licensed under the
						Mental Hygiene Law to provide for inpatient admissions and consultative
						services as needed.
(5) In addition
						to the implementation of the quality assessment and assurance plan for this
						program as required by section
						415.27 of this Part, the facility
						shall participate with the commissioner or his or her designee in a review of
						the program and resident outcomes. The factors to be reviewed shall include but
						not be limited to a review of admissions, the care and services provided,
						continued stays, and discharge planning. The facility shall furnish records,
						reports and data in a format as requested by the commissioner or his or her
						designee and shall make available for participation in the review, as
						necessary, members of the interdisciplinary resident care team.
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 › Optional Services › Section 415.40 - Extended care of residents with traumatic brain injury

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) An extended care resident with traumatic
						brain injury (TBI)shall mean a person who is a least three months post-injury
						and who has been diagnosed as having a cognitive and/or physical condition that
						has resulted from traumatically acquired, non-degenerative, structural brain
						damage, or anoxia, and who in addition:
(i)
						has participated in an intensive inpatient rehabilitation program for persons
						with TBI in a hospital or nursing home; and
(ii) has been assessed by a neurologist or
						physiatrist who determined that the individual would no longer benefit from an
						intensive rehabilitation program.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 5 - HIV/AIDS Health Services › Part 420 - Comprehensive Ambulatory Hiv Programs › Section 420.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Comprehensive Ambulatory HIV Programs (CAHP) are programs
						approved at facilities established under article 28 of the Public Health Law
						which provide the full range of ambulatory care clinical services, as described
						in this Part, appropriate for the continuous care of patients who have been
						diagnosed with HIV, whether symptomatic or asymptomatic.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 5 - HIV/AIDS Health Services › Part 420 - Comprehensive Ambulatory Hiv Programs › Section 420.2 - Approval to provide services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Existing article 28 facilities not providing specialized HIV promary care
					 services may receive approval from the department to provice a CAHP. Such
					 facilities seeking such approval may submit to the commissioner a request as
					 required by section
					 710.1(c)(3) of
					 this Title.
(b) Existing article 28
					 facilities providing or arranging for specialized HIV primary care services
					 prior to the effective date of this Part may apply to the department for
					 certification as a CAHP. Such application shall demonstrate the facility's
					 current capability to provide or arrange for all care and services required by
					 this Part.
(c) Facilities providing
					 CAHP services intending to add additional services, including the direct
					 provision of additional CAHP services as described in this Part, shall apply to
					 the department for approval to add such additional services pursuant to section
					 710.1(c)(5)(iv)(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 5 - HIV/AIDS Health Services › Part 420 - Comprehensive Ambulatory Hiv Programs › Section 420.3 - Operating standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with generally accepted standards of clinical care, the program
					 shall provide directly onsite or through referral arrangements a full range of
					 clinical services appropriate for the continuous care of patients. For the
					 purposes of this Part, the provision of services through referral arrangements
					 shall entail the establishment of linkages with qualified service providers and
					 the development of a mechanism to track the delivery of such services.
(1) The CAHP shall provide the following core
					 diagnostic, treatment and monitoring services onsite as clinically appropriate:
					 age appropriate, confidential HIV counseling and testing, initial and annual
					 comprehensive medical evaluation including substance use history and mental
					 health assessments, cognitive function testing ongoing clinical HIV disease
					 monitoring, HIV-specific therapies and prophylactic treatments, routine
					 gynecological care and follow-up (including reproductive counseling, pelvic
					 examination and pap smears), case management, patient health education
					 including HIV risk reduction, and nutrition screening and counseling.
(2) The CAHP shall provide onsite if
					 authorized or arrange through written referral agreements with other health
					 care providers the provision of the following services:
(i) consultations by specialists in
					 infectious diseases. If not provided onsite, formal linkages with local
					 resources of infectious disease expertise such as designated AIDS centers as
					 defined in section
					 405.22(g) of this
					 Title shall be developed to promote the timely delivery of these essential
					 consultative services;
(ii) core
					 diagnostic and therapeutic services: laboratory, including early diagnostic
					 methods to establish the infection status of children; radiology, including
					 MRI; dental services; mental health services, to include clinical social work,
					 clinical psychology and psychiatry as clinically appropriate;
(iii) other primary care, specialty and
					 subspecialty services: obstetrics; pediatrics, adolescent medicine and
					 pediatric subspecialties; ophthalmology; dermatology; neurology; outpatient
					 surgery; clinical pharmacy; subspecialties of internal medicine including
					 gastroenterology, hematology, pulmonology and oncology;
(iv) acute inpatient care where required;
					 and
(v) chronic care aervices where
					 required.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 5 - HIV/AIDS Health Services › Part 420 - Comprehensive Ambulatory Hiv Programs › Section 420.4 - Program administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 CAHP shall have an administrator responsible for the organization, equipment
					 and staffing of the CAHP, consistent with the scope of services offered and
					 patient care needs. The administrator shall:
(1) establish and implement administrative
					 policies and procedures for the CAHP; and
(2) maintain a functional organization chart
					 of the CAHP which delineates lines of authority, both administratively and
					 clinically.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 6 - Adult Day Health Care in Residential Health Care Facilities › Part 425 - Adult Day Health Care › Section 425.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Adult day health care
is
					 a community-based model. It is defined as the health care services and
					 activities provided in a non-residential group setting to a group of
					 registrants with functional impairments to maintain their health status and
					 enable them to remain in the community.
(b)
Registrant
is defined as
					 a person:
(1) who is not a resident of a
					 residential health care facility, is functionally impaired and not homebound,
					 and requires supervision, monitoring, preventive, diagnostic, therapeutic,
					 rehabilitative services or palliative care but does not require continuous
					 24-hour-a-day inpatient care and services, except that where reference is made
					 to the requirements of Part 415 of this Subchapter, the term resident as used
					 in Part 415 shall mean registrant;
(2) whose assessed social and health care
					 needs can satisfactorily be met in whole or in part by the delivery of
					 appropriate services in the community setting; and
(3) who has been accepted by an adult day
					 health care program based on an authorized practitioner's order or a referral
					 from a managed care plan and a comprehensive assessment conducted by the adult
					 day health care program or by the managed care plan.