CONTRACTS - True or False
A Nursing Facility contract with a resident can contain contain waivers of liability for health, rights, safety or personal property of resident.
What is FALSE?
Citation: H&S Code §1599.62, 42 CFR §483.15(a)
The facility must send a copy of the transfer or discharge notice to __________.
What is the "local long-term care ombudsman"?
Citation: H&S Code §1439.6; 42 CFR §483.15(c)(3)
A resident is entitled to private communication with only these people.
What is "any person or persons of their choice"?
Citations: 42 USC §1395i-3(c)(3); 42 USC §1396r(c)(3); 42 CFR §483.10(a), (f); 22 CCR §72527(a)(13), (14), (18), (19), (20), (21)
The nursing home must use the Standard Admission Agreement developed by the _______.
What is the "California Department of Public Health"
Citation: (Cal. Health & Safety Code §1599.61)
Willfully and repeatedly failing to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns is unlawful.
TRUE or FALSE
What is TRUE?
Citation: H&S Code §1439.51(a)(5)
A contract must clearly and explicitly state whether the facility participates in the Medi-Cal program
What is "TRUE"?
Citations: H&S Code §1439.8; H&S Code §1599.66; W&I Code §14022.3
Any transfer or discharge requires _______ written notice, except for when the health or safety of other individuals would be endangered, the resident’s health improves sufficiently to allow a more immediate transfer or discharge, the resident’s urgent medical needs require a more immediate transfer or discharge, or the resident has resided in the facility less than _______.
What is "30 days"?
Citation: 42 USC §1395i-3(c)(2)(B)(i),(ii); 42 USC §1396r(c)(2)(B)(i), (ii); 42 CFR §483.15(c)(4)
Does not have the right to review and obtain copies of facility nurse staffing data.
TRUE or FALSE
What is "FALSE?
Citation: 42 CFR §483.35(g)
Right to receive the ________ care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being
What is "necessary"?
Citation: 42 USC §1396r(b)(2);
42 USC §1395i-3(b)(2); 42 CFR §483.24;
22 CCR §72315
Residents are required to perform these services for a facility.
What are "none"?
Citations: 42 CFR §483.10(f)(9); 22 CCR §72527(a)(12) - Right to refuse to perform services for the facility
A contract shall state clearly what services and supplies are covered by the facility's basic rate and identify charges for optional services and supplies
What is "TRUE"?
Citations: H&S Code §1599.67(a)
Medi-Cal certified nursing home shall not evict or transfer residents who have made a timely application for _______ and for whom an eligibility determination has not yet been made.
What is Medi-Cal?
Citation: W&I Code §14124.7
Right to share a _______ with spouse
OR
Right to share a ______ with roommate of choice when practicable, when both residents live in the same facility and both residents consent to the arrangement
What is a "room"?
Citations: 22 CCR §72527(a)(16); 42 CFR §483.10(e)(4)
42 CFR §483.10(e)(5)
There is only one person who can restrict a resident’s right to leave a long term care facility.
Who is "a court-appointed conservator acting with specific authority to place the resident against the resident’s will"?
Citation: Probate Code Section 2356.5 permits conservators to place a conservatee with dementia into a locked facility for the treatment of dementia. Without a specific grant of Section 2356.5 powers, a conservator may not place a conservatee in a locked facility.
This is a legal document that allows you (the principal) to give authority to another person (the agent) to make legal decisions and financial transactions on your behalf. The agent does not have to be a lawyer; it can be any trusted adult, or even a nonprofit agency.
What is a Power of Attorney for Property?
A contract shall require notice of resident’s intent to convert to Medi-Cal status
What is a "FALSE"?
Citation: H&S Code §1599.69(b)
Nursing home must develop a ________ plan of care that is developed with the participation of the resident and his or her family, which will assist the resident to adjust to his or her new living environment
What is "post-discharge"?
Citation: 42 CFR §483.21(c)(2)
Every resident shall have a right to participate in these activities.
What are "resident and family groups and other social, religious and community activities social, religious, and community"?
Citations: 42 USC §1395i-3(c)(1)(A)(vii), (viii); 42 USC §1396r(c)(1)(A)(vii), (viii); 42 CFR §483.10(f)
All residents have right to be free from these types of abuse?
What is "verbal, sexual, physical, and mental abuse, corporal punishment, involuntary seclusion, neglect, misappropriation of resident property and exploitation."
Citations: 42 CFR §483.12
This directive allows you (the principal) to appoint a healthcare agent to make healthcare decisions for you. Your agent only makes decisions for you if you have lost capacity, unless you state otherwise in the document.
What is an Advance Health Care Directive?
A contract can require advance notice of voluntary discharge from nursing home
What is "FALSE"?
Citation: H&S Code §1599.71(b)
The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:
(Name at least 2 reasons)
What is?
Right to be free from involuntary seclusion
Right to be free from chemical or physical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms
Right to be free from unnecessary drugs
What are examples of (D) Right to be free from restraint?
Citations:
42 USC §1395i-3(c)(1)(A)(ii); 42 USC §1396r(c)(1)(A)(ii); 42 CFR §483.12; 22 CCR §72319(f)
42 USC §1395i-3(c)(1)(A)(ii); 42 USC §1396r(c)(1)(A)(i); CFR §483.12; 22 CCR §72527(a)(23); 22 CCR §72319
42 CFR §483.25(l) 42 CFR §483.45(d)
This reform law requires each nursing home to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination.
What is the ""Federal Nursing Home Reform Act or OBRA'87?
Right to voice _______ and recommend changes in policies and services to facility staff, to contact outside representatives, to file complaints, and to cooperate in inspections and investigations free from restraint, interference, coercion, discrimination or reprisal
What are "grievances"?
Citations: H&S Code §1432; 22 CCR §72527(a)(7);
42 USC §1395i-3(c)(1)(A)(vi); 42 USC §1396r(c)(1)(A)(vi); 42 CFR §483.10(j)