(c) two years of experience teaching nurse aides in a residential health care facility. (3) For all personnel who provide services in the nursing home, for whom licensure, registration or certification is required, the facility shall obtain and retain verification of license number or certification with expiration date of same. The instructor shall be a registered professional nurse with at least one year of experience in a nursing home who has demonstrated ability to teach adult learners as evidenced and documented by at least one of the following: (iii) Clinical skills evaluator or Nurse Aide Evaluator shall mean a person who administers part or all of the state authorized residential health care facility nurse aide competency examinations. The facility shall provide comprehensive and coordinated health services and the operator must provide or make arrangements for: case management services; substance abuse services, if appropriate; mental health services; HIV prevention and counseling services; pastoral counseling; TB screening and on-going follow up, and specialized medical services including gynecology, as needed. In-service education may be obtained through web-based training programs. Clinical laboratory means a facility for the microbiological, immunological, chemical, hematological, biophysical, cytological, pathological, genetic or other examination of materials derived from the human body, for the purpose of obtaining information for the diagnosis, prevention or treatment of disease, or the assessment of a health condition, or for identification purposes. Require supervision, monitoring, preventive, diagnostic, therapeutic, rehabilitative or palliative care or services but do not require continuous 24-hour-a-day inpatient care and services to maintain their health status and enable them to remain in the community. 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. (i) The nurse aide training program shall include classroom and clinical training which enhances both skills and knowledge and, when combined, shall be of at least 100 hours' duration. 64526, St. Paul, MN 55164-0526, the publisher of McKinney's Consolidated Laws of New York annotated and the United States Code annotated. (b) Optional covered items and services. (q) Care of the dying resident including care of the body and personal effects after death; and. Home health aide training programs are allowed 60 days from the day an individual enters the program to complete the 75 hours. (a) any payment of cash or transfer of other assets by a facility directly or indirectly to or for the benefit of its operator or owner; and. (i) If within 12 months of completing a State approved RHCF nurse aide training program, an individual is employed or is given an offer of employment by a facility, the facility must arrange, in a form and manner indicated by the Department, for the individual to receive reimbursement from the State for the amount of the costs, up to the CAP established by the State, incurred by the individual for the training. A copy of this poster is also available for public inspection and copying at the Department of Health's Records Access Office at the address set forth above. No facility or governing body may withdraw or reduce a facility's equity so as to create or increase a negative net worth by means of a withdrawal without the prior approval of the commissioner. A resident admitted for long-term rehabilitation shall be a person who has suffered a traumatic brain injury with structural non-degenerative brain damage, is medically stable, is not in a persistent vegetative state, demonstrates potential for physical, behavioral and cognitive rehabilitation and may evidence moderate to severe behavior abnormalities. The facility shall deposit any resident's personal funds in excess of $50 in an interest bearing account (or accounts) that is separate from any of the facility's operating accounts, and that credits all interest earned on the resident's funds to his or her account. In lieu of a log, a facility may meet the requirements of this subdivision by retaining the completed hospital/community patient review instrument forms received by the facility for 18 months from receipt in a central place organized by date of receipt and marked by date and type of disposition. Health & Safety in the Home, Workplace & Outdoors, Clinical Guidelines, Standards & Quality of Care, All Health Care Professionals & Patient Safety, James V. McDonald, M.D., M.P.H., Acting Commissioner, Multisystem Inflammatory Syndrome in Children (MIS-C), Addressing the Opioid Epidemic in New York State, Health Care and Mental Hygiene Worker Bonus Program, Maternal Mortality & Disparate Racial Outcomes, Help Increasing the Text Size in Your Web Browser. New York: New York Codes, Rules, and . Nursing Homes provide 24 hour a day nursing care, case management, health monitoring, personal care, nutritional meals and special diets, physical, occupational, and speech therapy, social activities and respite care for those who are ill or physically infirm. The in-service requirement begins from the aide's date of hire/employment. Every law enforcement officer in Massachusetts is required to complete the annual in-service training as prescribed in Chapter 253 of the Acts of 2020, Section 22. Residents shall be assessed as to their ability to be weaned from their ventilatory dependence. (5) measuring and recording fluid and food intake. (b) the process by which residents are classified for reimbursement purposes into the RUG-II classification system shall be, at least annually, an item for discussion on the agenda at a resident council as required by paragraph (8) of this subdivision; (11) furnish for the staff telephone services consisting of at least one operational, unlocked, noncoin telephone installation on each floor of the facility, for the use of professional staff in the performance of their duties; (12) permit activities related only to the operation of the facility except that the operator, subject to prior written approval of the commissioner, may, where such arrangement will not result in any diminishment of resident care or services, or adversely affect the cost of delivering nursing home services; (i) enter into a written contract for the purpose of leasing unneeded space and equipment on the premises of the facility to a health care practitioner licensed by the State Education Department, or to a provider licensed under the Public Health Law, Mental Hygiene Law, or Social Services Law to provide health care services to residents or nonresidents, where such arrangements will also promote needed health care services for residents; or. Licensed Professions: Nursing. ; fresh bed linen, as required, changed at least twice weekly, including sufficient quantities of necessary bed linen or appropriate substitutes changed as often as required for incontinent residents; hospital gowns or pajamas as required by the clinical condition of the resident, unless the resident, family member or designated representative elects to furnish them, and laundry services for these and other launderable personal clothing items; general household medicine cabinet supplies, including but not limited nonprescription medications, materials for routine skin care, dental hygiene, care of hair, etc., except when specific items are medically indicated and prescribed for exceptional use for a specific resident; assistance and/or supervision, when required, with activities of daily living, including but not limited to toileting, bathing, feeding and assistance with getting from place to place; services, in the daily performance of their assigned duties, by members of the nursing home staff assigned to resident care; use of customarily stocked equipment, including but not limited to crutches, walkers, wheelchairs or other supportive equipment, including training in their use when necessary, unless such items are prescribed by a doctor for regular and sole use by a specific resident; activities program, including but not limited to a planned schedule of recreational, motivational, social and other activities together with the necessary materials and supplies to make the resident's life more meaningful; provision of optician and optometrist services; physical therapy, occupational therapy, speech pathology services, audiology services and dental services, on either a staff or fee-for-services basis, as prescribed by a doctor, administered by or under the direct supervision of a licensed and currently registered physical therapist, occupational therapist, speech pathologist, qualified audiologist or registered dentist. (v) develop and implement policies and procedures which require: (a) the provision for a physical examination and recorded medical history for personnel including all employees and members of the medical and dental staff. (2) The outside resource, when acting as a consultant, shall apprise the administrator of recommendations, plans for implementation and continuing assessment in his or her areas of responsibility through dated, signed reports which shall be retained by the administrator for follow-up action and evaluation of performance. The state Department of Health (DOH) has issued guidance to address the in-service training requirements for personal care aides (PCAs) and home health aides (HHAs) during the COVID-19 pandemic. (1) care of the skin, mouth, hair, ears and nails; and. (c) Staff qualifications and personnel management. Special activities are offered to the residents with the goal of maintaining and promoting autonomy and decision making on the part of dementia patients. (iv) In reviewing an application for withdrawal, the commissioner shall consider: (b) whether such withdrawal would impair the facility's ability to render quality care; (c) any expense which such withdrawal would generate; and. Potential residents whose personal attending physician or dentist is not approved to provide services to the resident after admission shall be duly notified prior to or at the time of admission. (ii) The facility shall be notified by the Department within 90 days of the submission of the program whether the program has been approved, disapproved or additional information is required. The system shall contain, as a minimum, the resident's name, Medicaid case number where applicable, date of admission, date and amount of each withdrawal or deposit, and balance at each transaction. Sorry, you need to enable JavaScript to visit this website. In response to each deficiency, the agency must submit within 10 calendar days a written detailed corrective action plan. Each approved adult day health care session must operate for a minimum of five hours duration, not including time spent in transportation. (a) Direction. The clinical training shall as a minimum include at least 30 hours of supervised practical experience in a nursing home. Any brief statement not exceeding 150 words by the nurse aide disputing the findings shall also be included in the report, provided that any such statement containing the names of any resident or complainant shall be returned to the submitting individual and shall not be reported to the registry. Nursing homes shall have in effect a written transfer agreement with one or more general hospitals as required to meet the medical care needs of residents. Skilled nursing facilities (SNFs) and nursing facilities (NFs) are required to be in compliance with the requirements in 42 CFR Part 483, Subpart B, to receive payment under the Medicare or Medicaid programs. In order to identify gaps in state law as well as best practices to inform future improvements, Justice in Aging undertook a survey of the statutes and regulations in 50 states, plus the District of Columbia and Puerto Rico. The certified nurse aide shall be recertifed every two years no later than the last day of the month in which certification was received. (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. If married with a spouse remaining at home (community spouse), countable assets can reach $148,620. Title: Part 415 - Nursing Homes - Minimum Standards Effective Date 01/26/2023 Part 415 - Nursing Homes - Minimum Standards GENERAL RESIDENTIAL RIGHTS AND SERVICES CLINICAL SERVICES ADMINISTRATIVE OPTIONAL SERVICES Statutory Authority Public Health Law, Sections 2803 (2), 2803 (6), 2803-c and 2803-h Volume VOLUME C (Title 10) up (ii) After passing the clinical skills examination, the trainee shall have three opportunities to pass the written or oral competency examination. (b) any liability or contingent liability incurred within any period of 12 consecutive months by a facility or its operator by reason of a mortgage, lease, borrowing or other transaction relating to such facility that exceeds, in the aggregate, $25,000. Scheduled short term nursing home care provided on a temporary basis to an individual who needs this level of care, but who is normally cared for in the community. Training conducted for purposes of orienting new aides does not count toward meeting the annual 6 or 12-hour aide in-service requirement. Box No. (2) The nursing home shall develop and implement written policies concerning missing residents. (c) The individual financial record shall document each deposit or withdrawal of funds including the signature of the resident or the resident's designated representative for each transaction. The medical staff shall develop and implement policies regarding positive findings, including procedures for facilitating and documenting treatment for latent TB infection where indicated. Most of the daily care furnished to nursing home residents is rendered by the nearly 696,000 nurse aides employed by nursing homes. Copies of the cited State and Federal statues are available from West Publishing Company, P.O. Initiation of CPR - Prior to the arrival of emergency medical services (EMS), nursing homes must provide basic life support . This program is intended to serve long-term ventilator dependent residents. During the course of a covered Medicare or Medicaid stay, the facilities shall not charge a resident for the following items and services: (1) nursing services and specialized rehabilitative services; (5) routine personal hygiene items and services. Facilities with special populations shall supplement the curriculum to address the needs of such populations accordingly. (4) Nurse aide competency evaluation. Enroll in a free nationwide network providing a live online curriculum and on-demand technical assistance for nursing homes seeking to control COVID infections. (10) Noncovered special care services such as private duty nurses consistent with Medicare and Medicaid rules and regulations for residents who are beneficiaries of these programs. This week's Ftag of the Week is F947 Required In-Service Training for Nurse Aides, which is part of the Training Requirements regulatory group. The facility shall notify the resident when the amount in the account of a resident who receives Medicaid benefits reaches $200 less than the SSI resource limit for one person, specified in section 1611(a)(3)(B) of the Social Security Act, and that, if the amount in the account, in addition to the value of the resident's other nonexempt resources, should reach the SSI resource limit for one person, the resident may lose eligibility for Medicaid or SSI; (iv) Conveyance upon death. The nurse aide training program shall include stated goals, objectives, and measurable performance criteria specific to the curriculum subject material, the resident population and the purpose of the facility, and shall be consistent with the curriculum outlined below. Such policies and procedures shall be coordinated with the process governing the handling of complaints as set forth in section 415.3 of this Part. Public Health Law, Sections 2803(2), 2803(6), 2803-c and 2803-h, Three, Five, Ten and Fifteen Year Regulation Review, SubChapter A - Medical Facilities--Minimum Standards, Part 415 - Nursing Homes - Minimum Standards, Part 300 - Statewide Health Information Network for New York (SHIN-NY), Section 300.3 - Statewide collaboration process and SHIN-NY policy guidance, Section 300.5 - Sharing of Patient Information, Section 300.6 - Participation of health care facilities, Part 360 - Surge and Flex Health Coordination System Activation During a State Disaster Emergency Declaration, Section 360.1 - Administrative Purpose, Application and Scope, Section 360.2 - Surge and Flex Health Care Coordination System Requirements, Section 360.3 - Hospital emergency Surge and Flex Response Plans, Section 360.4 - Clinical laboratory testing, Part 400 - All Facilities--General Requirements, Section 400.2 - Other laws, codes, rules and regulations, Section 400.3 - Inspection, reproduction and reports, Section 400.5 - Statements or bills for health services, Section 400.6 - Identification of personnel delivering health care services, Section 400.7 - Facility participation in title XVIII program, Section 400.8 - Exception, construction standards, Section 400.9 - Transfer and affiliation agreements, Section 400.10 - Health Provider Network Access and Reporting Requirements, Section 400.11 - Assessment of long-term care patients, Section 400.13 - Forms (Hospital/Community Patient Review Instrument), Section 400.14 - Request for patient review instrument (PRI) data, Section 400.15 - The role of the licensed practical nurse in intravenous therapy procedures, Section 400.17 - Compliance with application conditions, Section 400.18 - Statewide Planning and Research Cooperative System (SPARCS), Section 400.19 - Withdrawal of equity or assets, Section 400.22 - Statewide perinatal data system, Section 400.24 - Charges in connection with certain health care facility financings, Section 400.25 - Disclosure of nursing quality indicators, Part 401 - All Facilities--Operating Certificates, Section 401.1 - Issuance of operating certificates, Section 401.2 - Limitations of operating certificates, Section 401.3 - Changes in existing medical facilities, Section 401.4 - Review of operating certificate determinations, Part 402 - Criminal History Record Check, Section 402.5 - Requirements Before Submitting a Request for a Criminal History Record Check, Section 402.6 - Criminal History Record Check Process, Section 402.7 - Department Criminal History Review, Section 402.8 - Notifications of Criminal Charges or Convictions Incurred Subsequent to Hiring, Section 402.9 - Responsibilities of Providers; Required Notifications, Section 403.4 - Responsibilities of State Approved Education or Training Programs, Section 403.5 - Responsibilities of Home Care Services Entities, Section 403.6 - Responsibilities of Home Care Services Workers, Part 404 - Integrated Outpatient Services, Section 404.6 - Organization and Administration, Section 404.9 - Integrated Care Services, Section 404.11 - Quality Assurance, Utilization Review and Incident Reporting, Section 404.14 - Application and Approval, Section 405.6 - Quality assurance program, Section 405.14 - Respiratory care services, Section 405.15 - Radiologic and nuclear medicine services, Section 405.17 - Pharmaceutical services, Section 405.18 - Rehabilitation services, Section 405.22 - Critical care and special care services, Section 405.23 - Food and dietetic services, Section 405.25 - Organ and tissue donation (anatomical gifts), Section 405.27 - Information, policy and other reporting requirements, Section 405.30 - Organ and Vascularized Composite Allograft Transplant Services/Programs, Section 405.31 - Living donor transplantation services, Section 405.33 Screening mammography services, Part 406 - Rural Hospital Swing Bed Demonstration, Section 406.3 - Admission, patient assessment, planning and services, Section 406.4 - Transfer and affiliation agreements, Part 407 - Primary Care Hospitals - Minimum Standards, Section 407.2 - Designation of PCHs and CAHs, Section 407.5 - Administrative requirements, Section 407.6 - Quality assurance and utilization review, Section 407.8 - Medical/professional staff, Section 407.10 - Primary care related inpatient and outpatient services, Section 407.11 - Clinical and ancillary support services, Section 407.13 - Environmental health and infection control, Part 408 - Central services facility rural health networks (CSFRHN), Section 408.2 - Network Operational Plans (NOP), Section 408.4 - Supervision by the commissioner, Part 410 - Scheduled Short Term Care In A Nursing Home, Section 410.3 - Service approval and physical space, Part 411 - Ombudsmen Access To Residential Health Care Facilities, Part 412 - Reporting Information For Inspections, Section 412.1 - Facility-supplied information required, Section 412.2 - Certification by operator or administrator, Part 414 - Nursing Homes - Continuous Violation Penalties, Section 414.2 - Criteria for continuous violation penalties, Section 415.4 - Resident behavior and facility practices, Section 415.11 - Resident assessment and care planning, Section 415.13 - Nursing services and Minimum Nursing Staff Requirements, Section 415.16 - Rehabilitative services, Section 415.20 - Laboratory and blood bank, Section 415.21 - Radiology and other diagnostic services, Section 415.26 - Organization and administration, Section 415.27 - Quality assessment & assurance, Section 415.28 - Disclosure of ownership, Section 415.31 - New York State RHCF nurse aide registry, Section 415.32 Weekly bed census data survey, Section 415.34 Minimum Direct Resident Care Spending, Section 415.36 - Long-term inpatient rehabilitation program for head-injured residents, Section 415.37 - Services for residents with Acquired Immune Deficiency Syndrome(AIDS), Section 415.38 - Long-term ventilator dependent residents, Section 415.39 - Specialized programs for residents requiring behavioral interventions, Section 415.40 - Extended care of residents with traumatic brain injury, Section 415.41 Specialized Programs for Residents with Neurodegenerative Diseases, Part 420 - Comprehensive Ambulatory HIV Programs, Section 420.2 - Approval to provide services, Article 6 - Skilled Nursing And Health Related Services, Non-Occupants General, Section 425.3 - Changes in existing program, Section 425.4 - General requirements for operation, Section 425.5 - Adult day health care services, Section 425.6 - Admission, continued stay and registrant assessment, Section 425.8 - Registrant continued-stay evaluation, Section 425.11 - Food and nutrition services, Section 425.13 - Rehabilitation therapy services, Section 425.15 - Religious services and counseling, Section 425.17 - Pharmaceutical services, Section 425.18 - Services for registrants with Acquired Immune Deficiency Syndrome (AIDS) and other high-need populations, Section 425.21 - Confidentiality of records, Article 7 - Home Health Agencies; Treatment Centers And Diagnostic Centers, Part 430 - Licensed Home Care Services Agencies And Certified Home Health Agencies, Part 431 - Treatment Centers and Diagnostic Centers, Article 8 - New York State Annual Hospital Report, Section 441.15 - Accumulated depreciation, Section 441.20 - Additional (paid-in) capital, Section 441.36 - Average daily inpatient census, Section 441.43 - Bed complement (beds available), Section 441.45 - Blood bank transfusions, Section 441.46 - Board-designated assets, Section 441.61 - Certified bed days available, Section 441.66 - Comprehensive inpatient rehabilitation service, Section 441.76 - Critical care units (type I), Section 441.77 - Critical care units (type II), Section 441.80 - Daily hospital services, Section 441.83 - Date of change in certified bed capacity--decrease, Section 441.84 - Date of change in certified bed capacity--increase, Section 441.86 - Deductions from revenue, Section 441.87 - Deferral (or deferment), Section 441.94 - Direct assignment of cost, Section 441.105 - Emergency service category 4--basic emergency services, Section 441.106 - Emergency services category 3--general emergency services, Section 441.107 - Emergency services category 2--major emergency hospital, Section 441.108 - Emergency services category 1--comprehensive emergency medical services, Section 441.129 - Financial Accounting Standards Board (FASB), Section 441.131 - Financially indigent patient, Section 441.134 - Fixed cost (or expense), Section 441.136 - Full-time equivalent employees (FTE), Section 441.148 - Funds held in trust by others, Section 441.159 - Gross charges (gross revenue), Section 441.168 - Hospital-based physician, Section 441.186 - Investor-owned (proprietary) hospital, Section 441.202 - Medical staff classification--associate, Section 441.203 - Medical staff classification--attending, Section 441.204 - Medical staff classification--consulting, Section 441.205 - Medical staff classification--courtesy, Section 441.206 - Medical staff classification--house staff (paid staff), Section 441.208 - Mentally disordered patient, Section 441.210 - Neonatal intensive care unit, Section 441.215 - Nine-C (IX-C) corporation, Section 441.219 - Non-revenue-producing cost centers, Section 441.220 - Nonroutine maintenance and repairs, Section 441.228 - Operating income (or profit), Section 441.231 - Organization cost (or expense), Section 441.233 - Other operating revenue, Section 441.239 - Oxygen therapy minutes, Section 441.243 - Part A and Part B services, Section 441.244 - Patient care services revenue, Section 441.251 - Periodic interim payment (PIP), Section 441.260 - Plant replacement and expansion funds, Section 441.267 - Prior-period adjustment, Section 441.269 - Professional component, Section 441.273 - Psychiatric inpatient service, Section 441.274 - Psychiatric night care, Section 441.275 - Radiology diagnostic films, Section 441.276 - Real estate (or property), Section 441.296 - Responsibility accounting, Section 441.298 - Retained earnings (or income), Section 441.300 - Retirement of indebtedness funds, Section 441.303 - Revenue-producing cost centers, Section 441.306 - Self-responsible (self-pay) patient, Section 441.308 - Share of pooled investments, Section 441.311 - Specific purpose funds, Section 441.313 - Standard unit of measure, Section 441.316 - Straight-line method of depreciation. 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