Wednesday, January 13, 2021

Nursing Home Surveillance Follow-Up Office of the New York State Comptroller

Survey schedules are changed annually to make it difficult for facilities to anticipate when inspections will be conducted. Generally, facilities with poor surveys and numerous verified complaints are surveyed more frequently than facilities with deficiency-free surveys. Inspections in response to complaints are generally shorter in duration than licensure surveys and focus primarily on those areas of resident care alleged to be at fault. If, during the course of a complaint investigation, additional problems are uncovered, a full on-site inspection may be initiated. We ranked nursing homes based on the number of complaints per 100 beds over the last three years. The facility shall communicate to the resident an explanation of his or her responsibility to obey all reasonable regulations of the facility and to respect the personal rights and private property of other residents.

A deficiency is a determination by the Department that a nursing home has violated one or more specific licensure or certification regulations. Deficiencies range in scope and severity from isolated violations with no actual harm to residents to widespread violations that cause injuries or put residents in immediate jeopardy of harm. Deficiencies may be cited as a result of an on-site inspection or evaluation of written reports or documentation. In addition to inspection by the state, some Illinois nursing homes are members of national accrediting organization, such as the Joint Commission on Accreditation of Healthcare Organizations , which independently inspects member facilities to assess performance. Nursing homes in Illinois are licensed, regulated, inspected and/or certified by a number of public and private agencies at the state and federal levels, including the Illinois Department of Public Health and the U.S.

Nursing Home Surveillance (Follow-Up)

Ask questions of key personnel at the facilities you visit -- the nursing home administrator, admissions director, social work director, nursing director and medical director, for example. A caring nursing home should welcome both your desire to visit and the questions you ask. Nursing homes are places to live where care is available for people of all ages who need 24-hour nursing care and supervision outside of a hospital.

who regulates nursing homes in new york state

Most nursing homes are not-for-profit businesses or businesses operated for profit . An individual or a nonprofit organization may own or operate more than one nursing home. Finding a nursing home that will best meet your needs can be a difficult and time-consuming task.

Guidance

Medicare is a Federal health insurance program for people aged 65 and older and disabled people. Medicare covers skilled nursing care in a nursing home under certain conditions for a limited time. However, the program is very specific about what services are included and under what circumstances.

These inspections, called surveys, are conducted to evaluate the fitness and adequacy of the nursing home, its equipment, staff, policies, procedures and finances. Before it is time for you to be admitted to a nursing home, you should explore what options are available and research each facility. With the help of your doctor and the hospital discharge planning staff , realistically assess your medical, nursing and social needs and seek facilities that can best meet those needs. For example, a facility with a strong physical therapy department might be important if you are recovering from a stroke. Please note that these inspection reports show only a one-time “snap-shot” of nursing home compliance with established standards.

Medicare

The basic daily rate must cover room and meals, general nursing care, personal care, recreation, medical records, housekeeping and linen. There may be extra charges for items that vary from resident to resident, such as physical therapy and medications. Discuss with the nursing home administrator, admissions director or social work director what services are standard and what additional services might be required and what they cost. The Illinois Department of Public Health is responsible for ensuring nursing homes comply fully with mandatory state regulations. The Department, under a cooperative agreement with CMS, is also responsible for ensuring that facilities accepting Medicare and Medicaid payment for services rendered to program beneficiaries meet federal regulations and certification rules. Each year, the Department conducts approximately 1,300 full, on-site licensure inspections of nursing homes and responds to approximately 6,000 complaints.

who regulates nursing homes in new york state

The designated representative who has authority to make health care decisions for the resident shall likewise have access to the resident's records in accordance with this subparagraph, State law and the rights of a competent resident to deny such access. A resident or such designated representative shall not be denied access to the clinical records solely because of inability to pay. Nursing homes and adult care facilities must facilitate vaccinations for all residents. All new nursing home residents and residents readmitted to the facility must have an opportunity to receive the first or any required next dose of the COVID-19 vaccine within 14 days of having been admitted or readmitted to such facility, as applicable.

Updated COVID-19 Testing Requirements for Adult Care Facilities

Department of Health and Human Services’ Centers for Medicare and Medicaid Services . These agencies have separate -- yet sometimes overlapping -- jurisdictions. We used data from the New York State Department of Health to rank complaints at more than 600 nursing homes in New York state. More than 100 years ago, state and territorial governments established NRBs to protect the public's health and welfare by overseeing and ensuring the safe practice of nursing. NRBs achieve this mission by outlining the standards for safe nursing care and issuing licenses to practice nursing. Once a license is issued, the NRB's job continues by monitoring licensees' compliance to jurisdictional laws and taking action against the licenses of those nurses who have exhibited unsafe nursing practice.

who regulates nursing homes in new york state

“Certification of compliance” means that a facility’s compliance with Federal participation requirements is ascertained. In addition to certifying a facility’s compliance or noncompliance, the State recommends appropriate enforcement actions to the State Medicaid agency for Medicaid and to the regional office for Medicare. The Long Term Care Ombudsman Program is a Federal advocacy program dedicated to protecting people living in long-term care facilities. In New York State, the Office for the Aging operates LTCOP through its Office of the State Long Term Care Ombudsman.

Reopening Guidance for Medical Model Adult Day Health Care Program

The information on state and federal inspections and complaint investigations is available from the Department. As you review an inspection report, it is important to remember that nursing homes have the right to appeal survey findings and penalties imposed. On appeal, the department’s decision may be upheld or reversed, or a settlement may be reached in which fines are reduced. All nursing facilities in Illinois are required to meet mandatory state standards that set the minimum and essential requirements of care that must be provided.

who regulates nursing homes in new york state

Ask about the nursing home's policy regarding Advance Directives to determine if a particular nursing home is right for you. For more information about Advance Directives and the New York Health Care Proxy Law, visit the NYS DOH website at /professionals/patients/health_care_proxy/. Nursing homes may be owned by state/local governments , individuals, corporations and religious or charitable organizations.

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