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CMS Issues Requirements of Participation for Nursing Homes

The Centers for Medicare and Medicaid Services (CMS) has issued the long-awaited revisions to the nursing home regulations. Currently, LeadingAge NY staff are working along with other state associations and LeadingAge National to analyze the impact of the new requirements on members and the residents they serve.  Following the initial release of the proposed regulations in July 2015, CMS received thousands of comments both in support and opposition to a number of the requirements. Some of the more controversial requirements in the proposed regulations, such as a shower in every newly constructed room and the requirement that a physician evaluation take place before a non-emergency hospitalization, have been dropped from the final rule. Due to the scope of the new regulations, CMS has decided that it will phase in the requirements starting in November 2016 for Phase 1, November 2017 for Phase 2, and November 2019 for Phase 3. Some of the major changes can be reviewed here.

TIMELINES FOR IMPLEMENTATION

Phase 1:     Implementation by Nov. 28, 2016.

Phase 2:     Implementation by Nov. 28, 2017.

Phase 3:     Implementation by Nov. 28, 2019.

Regulatory Section

Implementation Deadline

§483.1 Basis and scope.

Phase 1

§483.5 Definitions.        

Phase 1

§483.10 Resident rights.

Phase 1 except for:

-(g)(4)(ii) – (v) Providing contact information for State and local advocacy organizations, Medicare and Medicaid eligibility information, Aging and Disability Resources Center and Medicaid Fraud Control Unit —Phase 2

§483.12 Freedom from abuse, neglect and exploitation.

Phase 1 except for:

-(b)(4) Coordination with QAPI Plan—Phase 3

-(b)(5) Reporting crimes/1150B—Phase 2

§483.15 Admission, transfer, and discharge rights

Phase 1 except for:

-(c)(2) Transfer/Discharge Documentation—Phase 2.

§483.20 Resident assessment

Phase 1

§483.21 Comprehensive person-centered care planning.

Phase 1 except for:

-(a) Baseline care plan—Phase 2.

-(b)(3)(iii) Trauma informed care—Phase 3.

§483.24 Quality of life 

Phase 1

§483.25 Quality of care

Phase 1 except for:

-(m) Trauma-informed care—Implemented in Phase 3.

§483.30 Physician services     

Phase 1

§483.35 Nursing services

Phase 1 except for:

-Specific usage of the Facility Assessment at §483.70(e)in the determination of sufficient number and competencies for staff —Phase 2

§483.40 Behavioral health services     

Phase 2 except for:

-(a)(1)As related to residents with a history of trauma and/or post-traumatic stress disorder—Phase 3

-(b)(1), (b)(2), and (d) Comprehensive assessment and medically related social services--Phase 1

§483.45 Pharmacy services   

Phase 1 except for:

-(c)(2) Medical chart review—Phase 2

-(e) Psychotropic drugs—Phase 2

§483.50 Laboratory, radiology, and other diagnostic services

Phase 1

§483.55 Dental services

Phase 1 except for: 

-(a)(3) and (a)(5) Loss or damage of dentures and policy for referral—Phase 2

§483.60 Food and nutrition services

Phase 1 except for:

-(a) As linked to Facility Assessment at §483.70(e)—Phase 2

-(a)(1)(iv) Dietitians hired or contracted prior to effective date—5 years from the final rule effective date

-(a)(2)(i) Director of food & nutrition services designated to serve prior to effective—5 years from the final rule effective date

-(a)(2)(i) Dietitians designated to after the effective date—1 year from the final rule effective date

§483.65 Specialized rehabilitative services       

Phase 1

§483.70 Administration

Phase 1 except for:

-(d)(3) Governing body responsibility of QAPI program—Phase 3

-(e) Facility assessment—Phase 2

§483.75 QAPI

Phase 3 except for: 

-(a)(2) Initial QAPI Plan must be provided to State Agency Surveyor at annual survey—Phase 2.

-(g)(1) QAA committee—Phase 1 except for subparagraph (iv), the addition of the ICPO --Phase 3

-(h) Disclosure of information—Phase 1

-(i)Sanctions—Phase 1

§483.80 Infection control

Phase 1 except for:

-(a) As linked to Facility Assessment at §483.70(e)—Phase 2

-(a)(3) Antibiotic stewardship—Phase 2

-(b) Infection preventionist (IP)— Phase 3

-c) IP participation on QAA committee—Phase 3.

§483.85 Compliance and ethics program       

Phase 3

§483.90 Physical environment

Phase 1 except for

-(f)(1) Call system from each resident’s bedside— Phase 3.

-(h)(5) Policies regarding smoking—Phase 2

§483.95 Training requirements

Phase 3 except for:

-(c) Abuse, neglect, and exploitation training—Phase 1

-(g)(1) Regarding in-service training; (g)2) dementia management & abuse prevention training; (g)(4) care of the cognitively impaired—Phase 1

-(h) Training of feeding assistants—Phase 1

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832