Attorneys at Sandberg Phoenix represent long term care and senior living industry throughout the Midwest and have a long history of litigating and winning cases concerning all areas of professional liability claims and representing clients before administrative and regulatory bodies. Committed to sharing their knowledge and insight with the people who need it most, the Long Term Care and Senior Living Blog addresses current topics and issues of vital importance to the senior living and long term care industries.

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…

CMS Final Rule – Physician Services (§483.30)

Implementation Date: Phase 1 – November 28, 2016 §483.30 was modified to specify that, in addition to a physician’s recommendation that the individual be admitted to a facility, a physician, a physician assistant, a nurse practitioner, or a clinical nurse specialist must provide orders for the resident’s immediate care and needs. This provision will help…

CMS Final Rule – Basis and Scope (§483.1)

Implementation Date: Phase 1 – November 28, 2016 The revised §483.1 “Basis and Scope” section now includes references to sections 1819(f), 1919(f), 1128I(b) and (c), and 1150B of the Act. Sections 1819(f) and 1919(f) of the Act require that the current mandatory on-going training for Nurse Aids include dementia management and resident abuse prevention training….

CMS Final Rule – Definitions (§483.5)

Implementation Date: Phase 1 – November 28, 2016 Current regulations at §483.5 provide definitions for terms commonly used in the LTC requirements. Certain terms have been revised for clarity and new terms that are widely used in the LTC setting have been added. The following revisions have been made: Revised the definition of “abuse” to…

CMS Final Rule – §483.21 Comprehensive Person-Centered Care Planning

Implementation Date: Phase 1 – November 28, 2016 The new §483.21 includes requirements for care plans and discharge planning. Some of these requirements have been relocated from the prior §483.20(k) and §438.20(l), and new requirements have also been added. The section has three focuses: (1) baseline care plans; (2) comprehensive care plans; and (3) discharge…

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…

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