Date archive: November 2016

CMS Final Rule – Completed Comprehensive Analysis by Sandberg Phoenix LTC Team

The past few weeks have been busy ones for the Sandberg Phoenix & von Gontard Long-Term Care and Senior Living team as we have collectively analyzed and blogged about each of the revisions to the federal nursing home regulations. These revisions to 42 CFR 483(B) are the first comprehensive updates since 1991 and address the…

CMS Final Rule – §483.95 Training Requirements

Implementation Date: Phase 3 – November 28, 2018¹ This is a new section which sets forth training requirements, requiring a facility to develop, implement, and maintain an effective training program for all new and existing staff, persons providing service under contractual arrangements, and volunteers, consistent with the respective roles. Section 483.70(e) sets forth the assessment…

CMS Final Rule – §483.45 Pharmacy Services

Implementation Date: Phase 1 – November 28, 2016¹ Section 483.45 incorporates regulations previously contained in §483.60 and was revised to include additional requirements involving pharmacist review of medical records, changes to existing requirements concerning “anti-psychotic” drugs to include “psychotropic” medications, and provisions related to “irregularities” or “unnecessary” use of psychotropic drugs. Currently, a pharmacist is…

CMS Final Rule – §483.85 Compliance and Ethics Program

Implementation Date:  Phase 3 – November 28, 2019 This is a new section developed in response to a mandate under the Affordable Care Act that requires the operating organizations of skilled nursing facilities to have a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations and in promoting…

Section 483.35 Nursing Services

Implementation Date: November 28, 2016 Section 483.35 regarding requirements for nursing services was formerly located at section 483.30. The former regulations addressed certain aspects of facility staffing but left gaps related to a number of areas such as the competencies of licensed nurses and the need to take into account resident acuity. The new rule…

Section 483.15 Admission, Transfer and Discharge Rights

Implementation Date: November 28, 2016¹ Section 483.15 replaces section 483.12 and requires the facility to establish an admissions policy. Section (a)(2) states facilities cannot request or require residents or potential residents to waive their rights to Medicare or Medicaid benefits or any rights conferred by applicable state, federal and local licensing or certification laws. Section(a)(2)(iii)…

CMS Final Rule – §483.80 Infection Control

Implementation Date: Phase 1 – November 28, 2016 The new §483.80 adds additional requirements for infection prevention and control. The provisions under existing §483.65 have been re-designated as §483.80. Each facility must implement an “Infection prevention and control program” (IPCP) that must follow accepted national standards, be based upon the facility assessment conducted according to…

Appeal From Order Denying Arbitration Must Be Filed Within 10 Days

In Sanford v. CenturyTel of Missouri, LLC, d/b/a CenturyLink, No. SC95465 (Mo. en banc 2016), the Missouri Supreme Court recently held that an order denying a motion to compel arbitration is immediately appealable. The order denying arbitration must be appealed within 10 days from entry to avoid waiting for a final judgment after trial to…

CMS Final Rule – §483.75 Quality Assurance and Performance Improvement (QAPI)

Implementation Date: Phase 3 – November 28, 2019 – with the following exceptions Phase 2 – November 28, 2017 – §483.75(a)(2) Initial QAPI Plan must be provided to State Agency Surveyor at annual survey Phase 1 – November 28, 2016 -  §483.75(h) and (i) – Disclosure of information and Sanctions Phase 1 – November 28,…

CMS Final Rule – Freedom from abuse, neglect, and exploitation (§483.12)

Implementation Date: Phase 1 – November 28, 2016 except for (b)(4) Coordination with QAPI plan – implemented in Phase 3 (November 28, 2019) and (b)(5) reporting crimes/1105B – Implemented in Phase 2 (November 28, 2017) Section 483.12 has been changed to “Freedom from Abuse, Neglect and Exploitation” from “Resident Behavior and Facility Practices” in order…

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