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Questions and Answers
A facility is not required to ____
A facility is not required to ____
A resident does not have a right to _____
A resident does not have a right to _____
Which is not true?
Which is not true?
Which is not true?
Which is not true?
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Which is not true?
Which is not true?
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Except in the case of an emergency, physical and chemical restraints must be authorized in writing by ______ for a specified and limited period of time or as are necessitated by an emergency.
Except in the case of an emergency, physical and chemical restraints must be authorized in writing by ______ for a specified and limited period of time or as are necessitated by an emergency.
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In case of an emergency, a physical or chemical restraint may be applied only by _____ who must document the reasons for the use of a restraint.
In case of an emergency, a physical or chemical restraint may be applied only by _____ who must document the reasons for the use of a restraint.
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If a chemical restraint must be applied in an emergency, a physician must be consulted.
If a chemical restraint must be applied in an emergency, a physician must be consulted.
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Restraints may be used
Restraints may be used
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A facility may not discharge or transfer a resident.
A facility may not discharge or transfer a resident.
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Residents discharged or transferred by a facility must be given reasonable advance notice of not less than ____ days of any involuntary transfer or discharge, except in the case of an emergency.
Residents discharged or transferred by a facility must be given reasonable advance notice of not less than ____ days of any involuntary transfer or discharge, except in the case of an emergency.
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For nonpayment of a bill for care received, the resident must be given ___ days' advance notice prior to discharge or transfer.
For nonpayment of a bill for care received, the resident must be given ___ days' advance notice prior to discharge or transfer.
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Which is true?
Which is true?
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If a resident is transferred from a poorly performing facility, the facility must _____
If a resident is transferred from a poorly performing facility, the facility must _____
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Which is not true if a resident chooses to use a community pharmacy for pharmaceutical supplies?
Which is not true if a resident chooses to use a community pharmacy for pharmaceutical supplies?
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Which is true?
Which is true?
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Residents have a right to ____
Residents have a right to ____
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If a resident must be hospitalized, the facility must inform _____
If a resident must be hospitalized, the facility must inform _____
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The state will pay for a Medicaid bed hold where ____________
The state will pay for a Medicaid bed hold where ____________
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Notice of the facility's bed hold policy must be provided to the resident or his or her representative within _____ of hospitalization.
Notice of the facility's bed hold policy must be provided to the resident or his or her representative within _____ of hospitalization.
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Facilities certified by Medicare or Medicaid must inform __________ each resident of their right to challenge a transfer or discharge, initiated by the facility, at or before the resident's admission to a facility.
Facilities certified by Medicare or Medicaid must inform __________ each resident of their right to challenge a transfer or discharge, initiated by the facility, at or before the resident's admission to a facility.
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A facility must provide a copy of the resident's Bill of Rights to ____________
A facility must provide a copy of the resident's Bill of Rights to ____________
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A facility must not:
A facility must not:
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Any person who reports a suspected violation of resident's rights in a facility
Any person who reports a suspected violation of resident's rights in a facility
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If a suit for injury or death to a resident alleges violation of resident rights, the claimant must elect __________
If a suit for injury or death to a resident alleges violation of resident rights, the claimant must elect __________
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An action may be brought in any court of competent jurisdiction to recover______ damages for any violation of the rights of a resident or for negligence.
An action may be brought in any court of competent jurisdiction to recover______ damages for any violation of the rights of a resident or for negligence.
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Any resident who prevails in seeking injunctive relief or a claim for an administrative remedy is entitled to recover the costs of the action, and a reasonable attorney's fee assessed against the defendant not to exceed $__________
Any resident who prevails in seeking injunctive relief or a claim for an administrative remedy is entitled to recover the costs of the action, and a reasonable attorney's fee assessed against the defendant not to exceed $__________
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In any claim alleging a violation of resident's rights or negligence causing injury or death, the claimant has the burden of proving all of the following except:
In any claim alleging a violation of resident's rights or negligence causing injury or death, the claimant has the burden of proving all of the following except:
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A facility must exercise a reasonable degree of care in providing care and treatment to residents, which encompasses_____________
A facility must exercise a reasonable degree of care in providing care and treatment to residents, which encompasses_____________
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The prevailing professional standard of care for a nurse is ________
The prevailing professional standard of care for a nurse is ________
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A nursing home must inform a private-pay resident that their bed can be reserved for any single hospitalization for a period up to__ days with payment in advance.
A nursing home must inform a private-pay resident that their bed can be reserved for any single hospitalization for a period up to__ days with payment in advance.
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Which of the following is true with respect to a facility's legal liability for medical malpractice committed by licensed physicians caring for facility residents?
Which of the following is true with respect to a facility's legal liability for medical malpractice committed by licensed physicians caring for facility residents?
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The purpose of the state nursing home regulations is to ensure ______.
The purpose of the state nursing home regulations is to ensure ______.
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The _____ has full legal authority and responsibility for the operation of the facility.
The _____ has full legal authority and responsibility for the operation of the facility.
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The ____ is responsible for the day to day operation of the nursing facility.
The ____ is responsible for the day to day operation of the nursing facility.
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The _______ is responsible for licensing and inspecting nursing homes.
The _______ is responsible for licensing and inspecting nursing homes.
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The initial or annual licensing fee is $_____ per bed.
The initial or annual licensing fee is $_____ per bed.
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Each defendant must have a procedure to promptly evaluate claims during the 75-day period. The procedure must include all of the following except:
Each defendant must have a procedure to promptly evaluate claims during the 75-day period. The procedure must include all of the following except:
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No suit may be filed for ___ days after notice to defendant of intent to sue.
No suit may be filed for ___ days after notice to defendant of intent to sue.
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A licensee must submit a vacant bed report to the state on a ______ basis.
A licensee must submit a vacant bed report to the state on a ______ basis.
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"Nursing facility" means ______.
"Nursing facility" means ______.
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"Bed reservation policy" means ____.
"Bed reservation policy" means ____.
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"Controlling interest" means ____.
"Controlling interest" means ____.
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"Custodial service or care" means ______.
"Custodial service or care" means ______.
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"Geriatric outpatient clinic" means ____.
"Geriatric outpatient clinic" means ____.
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"Geriatric patient" means any patient who is ___ years of age or older.
"Geriatric patient" means any patient who is ___ years of age or older.
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"Nursing home bed" means an accommodation which is ready for immediate occupancy or ready for occupancy within ____ hours.
"Nursing home bed" means an accommodation which is ready for immediate occupancy or ready for occupancy within ____ hours.
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"Respite care" means ____.
"Respite care" means ____.
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"Resident care plan" is developed by ____ with participation from other facility staff and the resident or his or her designee or legal representative.
"Resident care plan" is developed by ____ with participation from other facility staff and the resident or his or her designee or legal representative.
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"Resident care plan" does not include:
"Resident care plan" does not include:
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The resident care plan must be signed by a registered nurse and ______.
The resident care plan must be signed by a registered nurse and ______.
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__________ may not sign the resident care plan.
__________ may not sign the resident care plan.
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The resident care plan does not _________.
The resident care plan does not _________.
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The ______ may act as a resident's representative.
The ______ may act as a resident's representative.
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Which is not true?
Which is not true?
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The right to private and uncensored communication does not include _____
The right to private and uncensored communication does not include _____
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Which is true regarding facility visiting hours?
Which is true regarding facility visiting hours?
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_______ must have access to a resident, unless the resident instructs otherwise.
_______ must have access to a resident, unless the resident instructs otherwise.
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Which is true?
Which is true?
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All of the following must be provided immediate and unrestricted access to a resident, with or without their consent, except for:
All of the following must be provided immediate and unrestricted access to a resident, with or without their consent, except for:
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If the Ombudsman requests to examine a resident's clinical records, they must ____.
If the Ombudsman requests to examine a resident's clinical records, they must ____.
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A resident does not have the right to:
A resident does not have the right to:
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Which of the following is true?
Which of the following is true?
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The facility should respond to and resolve resident grievances:
The facility should respond to and resolve resident grievances:
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Which of the following is not true?
Which of the following is not true?
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Which is not true?
Which is not true?
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A facility must not:
A facility must not:
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Upon death of a resident with personal funds deposited with the facility, the facility must convey within ____ days the resident's funds.
Upon death of a resident with personal funds deposited with the facility, the facility must convey within ____ days the resident's funds.
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If a personal representative for the estate of a deceased resident has not been appointed within 30 days of the resident's death, the facility must do which of the following with the resident's funds held in trust?
If a personal representative for the estate of a deceased resident has not been appointed within 30 days of the resident's death, the facility must do which of the following with the resident's funds held in trust?
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The facility may impose a charge against the personal funds of a resident for any item or service which:
The facility may impose a charge against the personal funds of a resident for any item or service which:
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At or before the end of the pre-suit claims 75-day evaluation period, the defendant or its insurer must respond by ____.
At or before the end of the pre-suit claims 75-day evaluation period, the defendant or its insurer must respond by ____.
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A resident does not have the right to:
A resident does not have the right to:
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Study Notes
Nursing Home Regulations
- Purpose: Ensure nursing homes provide safe, adequate, and appropriate care to residents.
- Administrator: Responsible for day-to-day operations of the nursing facility.
- Governing Body: Holds full legal authority and responsibility for facility operations.
- Department of Health: Responsible for licensing and inspecting nursing homes.
Licensing Fees and Procedures
- Initial or annual licensing fee is $100 per bed.
- Procedures to evaluate claims must include internal reviews by qualified personnel, but not by the facility safety committee.
- A suit cannot be filed for 75 days post-notification to allow claim evaluation.
Reporting and Definitions
- Licensees must submit vacant bed reports to the state monthly.
- "Nursing facility" provides nursing services 24/7 to three or more individuals.
- "Bed reservation policy" allows residents to leave for visits/hospitalization without discharge within specified days.
- "Controlling interest" refers to individuals/entities with significant ownership in management related to the facility.
Care Types and Agencies
- "Custodial service" involves diet and health observation for the aged or infirm.
- "Geriatric outpatient clinic" offers health care to those 60 and older, staffed by healthcare professionals.
- "Respite care" provides caregivers temporary relief from their duties.
Care Plans and Grievances
- "Resident care plan" is developed by a registered nurse with resident participation.
- The care plan must be signed by the resident or their representative but not by temporary staff.
- Facilities must respond to grievances promptly, aiming for swift resolution.
Resident Rights and Communication
- Residents have rights to privacy, communication, and participation in personal decisions.
- Communication rights do not include bedside telephone access.
- Visiting hours should be flexible for families.
Access to Records and Funds
- Ombudsman can examine clinical records with resident consent.
- Facilities must account for resident personal funds and manage them responsibly.
- Upon a resident's death, funds must be conveyed within 30 days to the appropriate parties.
Facility Policies and Disclosure
- Facilities may charge residents for non-covered requested services.
- Residents have the right to refuse treatments but must be informed of consequences.
- Personal and medical records must maintain confidentiality; they are not public records.
Miscellaneous
- Facilities may not require residency for personal funds and must manage these carefully.
- Residents have a right to participate in activities and organize for better care.
- Accurate treatment disclosures, respect for personal space, and maintaining dignity are key facilities’ responsibilities.### Resident Rights and Protections
- Residents are entitled to freedom from mental and physical abuse, corporal punishment, and prolonged involuntary seclusion.
- Physical and chemical restraints must only be applied when authorized by a physician or in emergencies.
- Residents must choose a personal physician from a list provided by the facility.
- Clothing selection may be mandated by the facility when medically necessary and documented by a physician.
Restraints Regulations
- Written authorization from a physician is required for restraints, except in emergencies.
- Qualified licensed nurses can apply restraints in emergencies with required documentation.
- Immediate consultation with a physician is necessary if a chemical restraint is needed during an emergency.
Usage and Misuse of Restraints
- Restraints should be used solely to ensure the resident's protection or safety, not for staff convenience or punishment.
Discharge and Transfer Policies
- Facilities cannot discharge residents merely due to their involvement in organizing a resident council.
- Residents must receive a minimum of 30 days' notice prior to any involuntary transfer or discharge, except in emergencies.
- For nonpayment, the same 30-day advance notice prior to discharge or transfer applies.
Payment and Transfer Procedures
- Facilities cannot transfer or discharge a resident solely due to changes in payment sources.
- If a resident is transferred from a poorly performing facility, consultation with the resident or representative is mandatory.
Pharmacy and Medication Rights
- Residents have the right to obtain pharmaceutical supplies from a community pharmacy of their choice, but the facility is not obligated to pay for these supplies.
Activities and Participation Rights
- Residents are not required to participate in the facility’s activities program, nor do they have to partake in community-based activities if contraindicated by medical documentation.
Informational Rights
- Residents have the right to access the facility's rules and regulations, receive reasonable-fit clothing, and receive notice before room changes.
Hospitalization and Bed Hold Policies
- A facility must inform Medicaid residents that Medicaid will cover bed hold during hospitalization and therapeutic leave under specified conditions.
- Notice of the bed hold policy must be communicated to residents or representatives within 24 hours of hospitalization.
Rights to Challenge and Complaints
- Residents must be informed both in writing and orally of their right to contest transfers or discharges.
- Staff must be educated on resident rights, and a statement of rights must be prominently displayed.
Protection for Whistleblowers
- Individuals reporting violations of resident rights are immune from civil and criminal prosecution.
Legal Claims and Damages
- In case of injuries or deaths alleging rights violations, claimants may recover actual and punitive damages.
- Residents prevailing in claims may have costs, including attorney fees, covered up to $25,000.
Standard of Care
- A facility must maintain a reasonable degree of care in resident treatment, consistent with professional standards and practice norms.
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