New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 794 - Organization and Administration › Section 794.8 - Hospice care provided to residents of a skilled nursing facility (SNF) or intermediate care facility for individuals with intellectual disabilities (ICF/IID)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 hospice that provides hospice care to residents of a SNF or ICF/IID, hereafter
					 referred to as the facility, must assume responsibility for professional
					 management of the hospice services provided to the resident, in accordance with
					 the hospice plan of care, including assessing, planning, monitoring, directing
					 and evaluating the patient's/resident's hospice care across all
					 settings.
(b) The hospice and the
					 facility must have a written agreement for the provision of hospice services
					 between the two entities signed by an authorized representative of the hospice
					 and the facility. The written agreement must include the following provisions:
(1) the manner in which the facility and the
					 hospice are to communicate with each other and document such communications to
					 ensure that the needs of patients are addressed and met 24 hours a
					 day;
(2) that the facility
					 immediately notifies the hospice if:
(i) a
					 significant change in a patient's physical, mental, social, or emotional status
					 occurs;
(ii) clinical complications
					 appear that suggest a need to alter the plan of care;
(iii) a need to transfer a patient from the
					 facility arises, and the hospice makes arrangements for, and remains
					 responsible for, any necessary continuous care or inpatient care necessary
					 which is related to the terminal illness and related conditions; or
(iv) a patient dies;
(3) that the hospice is responsible for
					 determining the appropriate course of hospice care, including the determination
					 to change the level of services provided;
(4) that the facility is responsible for
					 furnishing 24-hour room and board care; and for meeting the personal care and
					 nursing needs that would have been provided by the primary caregiver at home
					 and at the same level of care provided before hospice care was
					 elected;
(5) a delineation of the
					 hospice's responsibilities, which include, but are not limited to providing:
(i) medical direction and management of the
					 patient;
(ii) core services
					 including nursing and counseling (including spiritual, dietary and
					 bereavement), as well as medical social services; medical supplies, durable
					 medical equipment and drugs necessary for the palliation of pain and symptoms
					 associated with the terminal illness and related conditions; and all other
					 hospice services that are necessary for the care of the resident's terminal
					 illness and related conditions; and
(iii) services at the same level and to the
					 same extent as those services would be provided if the resident were in his or
					 her own home;
(6) that
					 the hospice may use the facility nursing personnel where permitted by State and
					 Federal law and as specified by the SNF or ICF/IID to assist in the
					 administration of prescribed therapies included in the plan of care only to the
					 extent that the hospice would routinely use the services of a hospice patient's
					 family in implementing the plan of care;
(7) that the hospice must report all alleged
					 violations involving mistreatment, neglect, or verbal, mental, sexual, and
					 physical abuse, including injuries of unknown source, and misappropriation of
					 patient property by anyone unrelated to the hospice to the facility
					 administrator within 24 hours of the hospice becoming aware of the alleged
					 violation; and
(8) a delineation of
					 the responsibilities of the hospice and the SNF or ICF/IID to provide
					 bereavement services to facility staff.