Date archive: October 2016

CMS Final Rule – §483.10 Resident Rights

Implementation Date: Phase 1 – November 28, 2016 The regulations pertaining to Resident Rights underwent significant revisions throughout the amendment process. Under the proposed rule, Resident Rights and Facility Responsibilities were divided into two separate sections; however, after consideration of the comments, the Final Rule combined resident rights and facility responsibilities into one modified Resident…

CMS Final Rule – Section 483.70 Administration

Implementation Date: Phase 1 – November 28, 2016 Perhaps the greatest attention of the CMS final rule changes has focused on the arbitration provision (§483.70(n)). Beginning November 28, 2016, all facilities enrolled in the Medicaid and Medicare program are prohibited from entering into pre-dispute arbitration agreements with any resident or resident’s representative. This provision creates…

CMS Final Rule – §483.60 Food and Nutrition Services

Implementation Date:    Phase 1 – November 28, 2016 with the following exceptions: Phase 2 – November 28, 2017 – 483.60(a) – as linked to Facility Assessment at 483.70(e) Phase 2 – November 28, 2017 – 483.60(a)(2)(i) – requirements for dietitians designated after November 28, 2016; November 28, 2021 – 483.60(a)(1)(iv) requirements for dietitians hired or…

CMS Final Rule – §483.20 Resident Assessment

Implementation Date: Phase 1 – November 28, 2016 The revision to §483.20 includes moving subsections (k) and (l) to §483.21(b) and (c) respectively. Additionally current §483.20(m) has been moved to 483.20(k) with the revisions noted below. The Final Rule revises §483.20(b) to clarify that a resident’s comprehensive assessment is not only for the purpose of…

CMS Final Rule – §483.40 Behavioral Health Services

Implementation Date: Phase 2 – November 28, 2017 The new §483.40 focuses on facilities providing the necessary behavioral health services to further the existing requirement in §438.25, which requires each resident to receive care and services to attain and maintain the highest practicable physical, mental and psychosocial well-being. Facilities must have sufficient staff who provide…

CMS Final Rule – §483.65 Specialized Rehabilitative Services

Implementation Date:  Phase 1 – November 28, 2016 The regulations regarding Specialized Rehabilitative Services have been relocated from §483.45 to §483.65. Under the revised regulations “respiratory therapy” has been added to the list of specialized rehabilitative services that must be provided by the facility. Therefore, under 483.75(g) and (h) the facility must now either employ…

CMS Final Rule – Quality of Life (§483.24) & Quality of Care (§483.25)

The regulation originally had a section “Quality of Care” at §483.25 and “Quality of Life” at §483.15. Quality of Life now appears at §483.24 and Quality of Care at §483.25. Each provision and the changes thereto as reflected in §483.24 and §483.25 are discussed more fully below. Quality of Life §483.24 In total, the new…

CMS Final Rule – §483.55 Dental Services

Implementation Date:  Phase 1 – November 28, 2016 with the following exceptions: • §483.55(a)(3) and (a)(5) Loss or damage of dentures and policy for referral – Phase 2 – November 28, 2017; • §483.55(b)(3) and (b)(4) Referral for dental services regarding loss or damaged dentures – Phase 2 – November 28, 2017. The Phase 1…

CMS Final Rule – §483.50 Laboratory, Radiology, and Other Diagnostic Service

Implementation Date: Phase 1 – November 28, 2016 The new §483.50 incorporates regulations previously contained in sections §483.75(j) and (k). The revised regulation now allows, not only physicians, but also physician assistants, nurse practitioners and/or clinical nurse specialists (“mid-level providers”), to order laboratory, radiology and other diagnostic services and receive the results of those orders….

CMS Final Rule – Comprehensive Analysis by Sandberg Phoenix LTC Team

Over the next few weeks, the Sandberg Phoenix Long-Term Care and Senior Housing Team will be rolling out its analysis of the new CMS Final Rule revising the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. We will address each revision and how it impacts both the care…

MISSOURI

St. Louis  |  Clayton  |   Kansas City

ILLINOIS

Alton  |  Carbondale  |  Edwardsville  |  O'Fallon

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

Menu