The facility must be designed, constructed and maintained in
a manner that is safe, clean, and functional for the type of care and treatment
to be provided. The physical plant standards for facilities, which include
support services, care and treatment areas, construction standards, building
systems and waivers, are set forth below.
007.01 Support Areas
The facility may share the following support service areas
among the detached structures, care and treatment suites, and with other
licensed facilities:
12-007.01A
Dietary: If food preparation is provided on site, the
facility must dedicate space and equipment for the preparation of meals. Food
service physical environment and equipment must comply with the Food Code,
except when used only for training or activity purposes.
12-007.01B
Laundry:
The facility must provide laundry services. Such service may be provided by
contract or on-site by the facility.
12-007.01B1
Contract: If contractual services are used, the
facility must have areas for soiled linen awaiting pickup and separate areas
for storage and distribution of clean linen.
12-007.01B2
On-Site:
If on-site services are provided, the facility must have areas dedicated to
laundry.
12-007.01B2a If the facility
provides personal laundry areas, the areas must be equipped with a washer and
dryer for use by residents. In new construction, the facility must provide a
conveniently located sink for soaking and hand washing of laundry.
12-007.01B2b When the facility launders items
for more than one resident together, the bulk laundry area must be divided into
separate soiled (sort and washer areas) and clean (drying, folding, and mending
areas) rooms. In new construction and new facilities, a separate soaking and
hand washing sink and housekeeping room must be provided in the laundry
area.
12-007.01B2c Separate clean
linen supply storage areas must be conveniently located in each care and
treatment location.
12-007.01C
Waste
Processing: The facility must provide areas to collect, contain,
process, and dispose of medical and general waste produced within the facility
in such a manner as to prevent the attraction of rodents, flies, and all other
insects and vermin, and to minimize the transmission of infectious
diseases.
12-007.01D
Housekeeping Room: The facility must have a room with
a service sink and space for storage of supplies and housekeeping
equipment.
007.02 Care
and Treatment Areas
The facility must provide a physical environment that
facilitates and supports the safety and dignity of residents and accommodates
the needs of the resident population.
12-007.02A Care and treatment areas must
contain a control point, medication station, and clean storage/utility room.
The facility must not share these areas among detached structures.
12-007.02A1
Control
Point: The facility must provide an area(s) for charting and
resident records, space for storage of emergency equipment and supplies, and
call and alarm annunciation systems.
12-007.02A2
Medication
Station: The facility must provide a medication station for
storage and distribution of drugs and routine medications. Distribution may be
done from a medicine preparation room or unit, from a self-contained
medicine-dispensing unit, or by another system. If used, a medicine preparation
room or unit must be under visual control of nursing staff and must contain a
work counter, sink, refrigerator, and double-locked storage for controlled
substances.
12-007.02A3
Clean Storage/Utility Room: The facility must have
separate areas for soiled and clean materials. The area for soiled materials
must contain a fixture for disposing waste and a handwashing sink.
12-007.02B
Equipment
and Supplies: The facility must have services and space to
distribute, maintain, clean and sanitize durable medical instruments,
equipment, and supplies required for the care and treatment performed in the
facility.
12-007.02B1
Durable
Medical Equipment: The facility must ensure that durable medical
equipment is tested and calibrated in accordance with the manufacturer's
recommendations.
12-007.02B2
Equipment Storage: The facility must have space to
store equipment, stretchers, wheelchairs, supplies, and linen out of the path
of normal traffic.
12-007.02C
Rehabilitative: If the facility provides
rehabilitative services, the facility must have at least one treatment room or
cubicle, an area for specialized treatment and care, handwashing sink(s),
storage for equipment and supplies, a call system, and areas to allow for
resident toileting, dressing, and consultation.
12-007.02D
Psychiatric or Mental
Health: If the facility provides a specialized area or unit
designated for psychiatric or mental health services, the facility must provide
space and equipment that allows for resident and staff safety. The area must
provide at least separate quiet and noisy activity areas, dining areas, private
and group areas for specialized treatment and care, handwashing sink(s),
storage for equipment and supplies, and security systems. In rooms where care
and treatment is provided to abusive or suicidal residents, the rooms must
have:
1. Tamper-resistant air distribution
devices, lighting fixtures, sprinkler heads, and safety devices;
2. Ventilation, exhaust, heating and cooling
components that are inaccessible to residents;
3. Bedroom, toilet, and bathing room doors
that are not lockable or capable of being obstructed from within; and
4. Electrical outlets protected by ground
fault interrupting devices.
12-007.02E
Alzheimer's, Dementia,
and Related Conditions: If a facility provides a specialized
area/unit for Alzheimer's, dementia, and related conditions, the area must have
personalized resident bedrooms, activity areas, separate dining areas, features
that support resident orientation to their surroundings, handwashing sinks, and
call and security systems.
12-007.02F
Outpatient
Areas: Areas of the facility designated for the care and treatment
of residents not residing in the facility must comply with the following
standards:
1. Areas must not interfere with
residents currently residing in the facility;
2. Furniture and equipment must meet care and
treatment needs;
3. Toilets must be
easily accessible from all program areas; and
4. Sufficient inside and outside space that
accommodates the full range of program activities and services.
007.03 Construction
Standards
The facility must be designed, constructed, and maintained
in a manner that is safe, clean, and functional for the type of care and
treatment to be provided. The standards are set forth below.
12-007.03A
Codes and
Guidelines
12-007.03A1 New
construction must comply with the following codes and guidelines to provide a
safe and accessible environment that is conducive to the care and treatment to
be provided:
1.
Building: Building Construction Act, Neb.
Rev. Stat.
§§
71-6401
to
71-6407;
2.
Plumbing:
Plumbing Ordinance or Code, Neb. Rev. Stat.
§
181915;
3.
Electrical: State Electrical Act, Neb.
Rev. Stat.
§§
81-2101
to 812143;
4.
Elevators: Nebraska Elevator Code, Neb.
Rev. Stat.
§
48-418.12 and
Department of Labor Regulations, 230 NAC 1;
5.
Boiler: Boiler
Inspection Act, Neb. Rev. Stat.
§§
48-719
to
48-743;
6.
Accessibility:
Nebraska Accessibility Requirements, State Fire Marshal Regulations, 156 NAC 1
to 12;
7. Guidelines for Design and
Construction of Hospitals and Health Care Facilities, Chapter 8, 2001 edition,
published by the American Institute of Architects; and
8.
Energy: Nebraska
Energy Code, Neb. Rev. Stat.
§§
81-1608
to
81-1626,
for construction initiated on or after July 1, 2005.
12-007.03A2 The facility must comply with the
following applicable codes and standards to provide a safe environment:
1.
Fire Codes:
Nebraska State Fire Code Regulations, State Fire Marshal, 153 NAC 1;
and
2. The Food Code,
Neb. Rev. Stat.
§
81-2,244.01,
as published by the Nebraska Department of Agriculture, except for compliance
and enforcement provisions.
12-007.03A3 Existing and new facilities must
comply with the physical plant standards contained in 175 NAC 12-007. The
facility must maintain all building materials and structural components so that
total loads imposed do not stress materials and components more than one and
one-half times the working stresses allowed in the building code for new
buildings of similar structure, purpose, or location.
12-007.03B
Conflicts in
Standards: In situations where the referenced codes and guidelines
conflict with 175 NAC 12, the adopted rules and regulations of the Department
and the Nebraska State Fire Marshal will prevail.
12-007.03C
Interpretations: All dimension, sizes, and quantities
noted herein must be determined by rounding fractions to the nearest whole
number.
12-007.03D
Floor Area: Floor area is the space with ceilings at
least seven feet in height and excludes enclosed storage, toilets and bathing
rooms, corridors, and halls. The space beyond the first two feet of vestibules
and alcoves less than five feet in width is not included in the required floor
area. In rooms with sloped ceilings, at least half of the ceiling must be at
least seven feet in height. Areas less than five feet in height are not
included in the required floor area.
12-007.03E
Dining
Areas: Dining areas must have an outside wall with windows for
natural light and ventilation. Dining areas must:
1. Be furnished with tables and chairs that
accommodate or conform to resident needs;
2. Have a floor area of 15 square feet per
resident in existing facilities and 20 square feet per resident in new
construction;
3. Allow for group
dining at the same time in either separate dining areas or a single dining
area, dining in two shifts, or dining during open dining hours; and
4. Not be used for sleeping, offices, or
corridors.
12-007.03F
Activity Areas: The facility must have space for
resident socialization and leisure time activities. Activity areas must:
1. Have an outside wall with windows for
natural light and ventilation;
2.
Have furnishings to accommodate group and individual activities;
3. Have a floor area of at least 15 square
feet per resident residing in bedrooms and may be combined with dining
areas;
4. Not be used for sleeping,
offices, or corridors; and
5. Be
available to all residents.
12-007.03G
Bathing
Rooms: The facility must provide a bathing room consisting of a
tub and/or shower adjacent to each bedroom, or a central bathing room on each
sleeping floor. Tubs and showers, regardless of location, must be equipped with
hand grips or other assistive devices as needed or desired by the resident.
12-007.03G1 In new construction where a
central bathing room is provided, the room must open off the corridor and
contain a toilet and sink or have an adjoining toilet room.
12-007.03G2 The facility must have one
bathing fixture per 30 licensed beds.
12-007.03H
Toilet
Rooms: The facility must provide at least one room with a toilet
and sink for resident use.
12-007.03H1
Existing facilities must have a toilet and sink adjoining each bedroom or
shared toilet facilities may be provided as follows:
1. One toilet and sink per eight licensed
beds in existing facilities; and
2.
One toilet and sink per four licensed beds in new facilities and new
construction.
12-007.03H2 New construction must have a
toilet room provided adjoining each resident bedroom or in each apartment or
dwelling.
12-007.03I
Resident Room Requirements: The facility must provide
bedrooms which allow for sleeping, afford privacy, provide access to furniture
and belongings, and accommodate the care and treatment provided to the
resident. All bedrooms must:
1. Not be
located in any garage, storage area, shed, or similar detached
building;
2. Be a single room
located within an apartment, dwelling, or dormitory-like structure;
3. Not be accessed through a bathroom, food
preparation area, laundry, or another bedroom;
4. Be located on an outside wall with an
operable window with a minimum glass size of eight square feet per resident.
The window must provide an unobstructed view of at least ten feet;
5. Contain at least 45 cubic feet of enclosed
storage volume per resident in dressers, closets or wardrobes;
6. Be located within 150 feet of a control
point if nursing services are provided in the room; and
7. Allow for an accessible arrangement of
furniture providing a minimum of three feet between the heads of the beds in
multiple bedrooms;
12-007.03I1
Existing or New Facility Floor Areas: Resident rooms
in existing and new facilities must have at least the following floor areas:
1. Single bedrooms: 100 square
feet;
2. Multiple bedrooms: 80
square feet with a maximum of 4 beds; and
3. Apartments or dwellings: 110 square feet
for one resident plus 100 square feet for each additional resident.
12-007.03I2
New
Construction Floor Areas: Resident rooms in new construction must
have at least the following floor areas:
1.
Single bedrooms: 120 square feet;
2. Multiple bedrooms: 100 square feet per bed
with a maximum of 2 beds; and
3.
Apartments or dwellings: 120 square feet for one resident plus 110 square feet
for each additional resident.
12-007.03J
Isolation
Rooms: The number and type of isolation rooms in the facility must
be based upon infection control risk assessment of the facility.
12-007.03J1 The facility must make provisions
for isolating residents with infectious diseases.
12-007.03J2 In new construction, if the
facility provides a designated isolation room, the isolation room must be
equipped with handwashing and gown changing facilities at the entrance of the
room.
12-007.03K
Examination Rooms: If the facility has an examination
room, it must have a minimum floor area of 80 square feet and a minimum of 3
feet clear dimension around 3 sides of the examination table or
chair.
12-007.03L
Treatment Rooms: If the facility has a treatment room
for procedures performed under topical, local, or regional anesthesia without
pre-operative sedation, the room must have a minimum floor area of 120 square
feet and a minimum of 10 feet clear dimension.
12-007.03M
Corridors: The facility's corridors must be wide
enough to allow passage and be equipped as needed for the residents to minimize
injury. All stairways and ramps must have handrails.
12-007.03N
Doors:
The facility's doors must be wide enough to allow passage and be equipped for
privacy, safety, and with assistive devices to minimize resident injury.
12-007.03N1 All bedroom, toilet, and bathing
room doors must provide privacy yet not create seclusion or prohibit staff
access for routine or emergency care.
12-007.03N2 In new construction, all
resident-used toilet and bathing rooms with less than 50 square feet of clear
floor area must not have doors that swing solely inward.
12-007.03O
Outdoor
Areas: The facility must provide an outdoor area for resident
usage. It must be equipped and situated to allow for resident safety and
abilities.
12-007.03P
Handwashing Sinks: The facility must provide a
handwashing sink equipped with towel and soap dispenser in all examination,
treatment, isolation, and toilet rooms.
12-007.03Q
Emergency
Telephone: The facility must provide non-coin operated
telephone(s) with emergency numbers for use by residents.
12-007.03R
Privacy:
In multiple bed resident rooms, visual privacy and window curtains must be
provided for each resident. In new facilities, the curtain layout must totally
surround each care and treatment location and not restrict access to the
entrance to the room, lavatory, toilet, or enclosed storage.
12-007.03S
Finishes:
The facility must provide washable room finishes in isolation rooms, clean
workrooms, and food preparation areas with smooth non-absorptive surfaces that
are not physically affected by routine housekeeping cleaning solutions and
methods. Acoustic lay-in ceilings, if used, must not interfere with infection
control. Perforated, tegular, serrated cut, or highly textured tiles are not
acceptable.
007.04
Building Systems
Facilities must have building systems that are designed,
installed, and maintained to remain operational.
12-007.04A
Water and Sewer
Systems: The facility must have and maintain an accessible,
adequate, safe, and potable supply of water. Where an authorized public water
supply of satisfactory quantity, quality, and pressure is available, the
facility must be connected to it and its supply used exclusively.
12-007.04A1 The system for collection,
treatment, storage, and distribution of potable water in a facility that
regularly serves 25 or more individuals must be constructed, maintained, and
operated in accordance with all provisions of the Nebraska Safe Drinking Water
Act and Title 179 Regulations Governing Public Water Systems.
12-007.04A2 The system for collection,
treatment, storage and distribution of potable water system in a facility that
serves less than 25 individuals on a regular basis must be maintained and
operated as if it were a public water system in accordance with 179 NAC 2-002,
3 and 4. These facilities must report to the Department the result of all tests
that indicate the water is in violation of the standards set out in 179 NAC
2-002 or 3. These facilities must construct all water wells in accordance with
178 NAC 12, Water Well Construction, Pump Installation, and Water Well
Decommissioning.
12-007.04A3 The
water distribution system must have an anti-siphon device and air-gaps to
prevent potable water system and equipment contamination.
12-007.04A4 The facility must provide
continuously circulated, filtered, and treated water systems as required for
the care and treatment equipment used in the facility.
12-007.04A5 The facility must maintain a
sanitary and functioning sewage system.
12-007.04B
Hot Water
System: The facility must maintain hot and cold water to all
handwashing and bathing locations. The hot water system must have the capacity
to provide continuous hot water in a temperature range as required by these
regulations.
12-007.04C
Heating and Cooling Systems: The facility must provide
a heating and air conditioning system capable of maintaining the following:
12-007.04C1 In existing and new facilities, a
temperature of at least 70 degrees Fahrenheit during heating conditions and
that does not exceed 85 degrees Fahrenheit during cooling conditions.
12-007.04C2 In new construction, a
temperature of at least 75 degrees Fahrenheit during heating conditions and
that does not exceed 80 degrees Fahrenheit during cooling conditions.
12-007.04C3 In new construction, central air
distribution and return systems must be equipped with the following percent
dust spot rated filters:
1. General areas:
30+% pre-filters; and,
2. Nursing
care and treatment areas: 80+% pre-filters.
12-007.04C4 Airflow must move from clean to
soiled locations. In new construction, air movement must be designed to reduce
the potential of contamination of clean areas.
12-007.04C5 Openings to the heating and
cooling system must not be located where subject to wet cleaning methods or
body fluids.
12-007.04D
Ventilation System: The facility must provide
ventilation that prevents the concentrations of contaminants that impair health
or cause discomfort to residents and employees.
12-007.04D1 New construction must provide a
mechanical exhaust ventilation system for windowless toilets, baths, laundry
rooms, housekeeping rooms, kitchens, and similar rooms at ten air changes per
hour (ACH); for care and treatment areas at five ACH; and for procedure and
respiratory isolation areas at 15 ACH.
12-007.04E
Electrical
System: The facility must have an electrical system that has
sufficient capacity to maintain care and treatment services provided. The
electrical system must be properly grounded.
12-007.04E1 New construction and new
facilities must have outlets that are ground fault circuit
interrupter-protected in wet areas and within six feet of sinks.
12-007.04E2 The facility must provide minimum
illumination levels as follows:
1. General
purpose areas: 5 foot candles;
2.
General corridors and resident living areas: 10 foot candles;
3. Personal care and dining areas: 20 foot
candles;
4. Reading and activity
areas: 30 foot candles;
5. Food
preparation areas: 40 foot candles;
6. Hazardous work surfaces: 50 foot
candles;
7. Care and treatment
locations: 70 foot candles;
8.
Examination task lighting: 100 foot candles; and
9. Reduced night lighting in resident rooms
where nursing services are provided and resident-used toilet and bathing rooms
and corridors.
Light levels are measured at 30 inches above the floor in
multiple areas in the room being evaluated and the readings are
averaged.
12-007.04F
Essential Power
System: The facility must have an emergency power generator for
any care and treatment location with electrical life support equipment.
12-007.04F1 Existing and new facilities must
maintain emergency power for essential care and treatment equipment and
lighting, medical gas systems, and nurse call systems.
12-007.04F2 New construction must maintain
emergency power for essential care and treatment equipment, lighting, nurse
call systems, ventilation, heating, and medical gas systems.
12-007.04F3 Facilities with electrical life
support equipment must provide and maintain an essential power system with an
on-site fuel source. The minimum fuel source capacity must allow for
non-interrupted system operation.
12-007.04G
Call
Systems: The facility must have a call system that is operable
from resident beds and resident-used toilet and bathing areas. The system must
transmit a receivable (visual, audible, tactile, or other) signal to on-duty
staff which readily notifies and directs the staff to the location where the
call was activated.
12-007.04G1 In new
construction, the call systems must have a dedicated device which allows
activation by a resident from each exam and treatment room or cubicle, and
toilet and bathing fixture.
12-007.04H
Medical Gas
System: The facility must safely provide medical gas and vacuum by
means of portable equipment or building systems as required by residents
receiving care and treatment.
12-007.04H1 The
installation, testing, and certification of nonflammable medical gas, clinical
vacuum, and air systems must comply with the requirements of 153 NAC 1,
Nebraska State Fire Code Regulations.
12-007.04H2 The facility must identify
portable and system components, and periodically test and approve all medical
gas piping, alarms, valves, and equipment for resident care and treatment. The
facility must document such approvals for review and reference.
007.05 Waivers
The Department may waive any provision of 175 NAC 12
relating to construction or physical plant requirements of a licensed facility
upon proof by the licensee satisfactory to the Department that:
1. The waiver would not unduly jeopardize the
health, safety, or welfare of the persons residing in the facility;
2. The provision would create an unreasonable
hardship for the facility; and
3.
The waiver would not cause the State of Nebraska to fail to comply with any
applicable requirements of Medicare or Medicaid so as to make the state
ineligible for the receipt of all funds to which it might otherwise be
entitled.
12-007.05A
Unreasonable Hardship: In evaluating the issue of
unreasonable hardship, the Department will consider the following:
1. The estimated cost of the modification or
installation;
2. The extent and
duration of the disruption of the normal use of areas used by persons residing
in the facility resulting from construction work;
3. The estimated period over which the cost
would be recovered through reduced insurance premiums and increase
reimbursement related to costs;
4.
The availability of financing; and
5. The remaining useful life of the
building.
12-007.05B
Waiver Terms and Conditions: A waiver may be granted
under terms and conditions and for a period of time as are applicable and
appropriate to the waiver. Terms and conditions and period of waiver include
but are not limited to:
1. Waivers that are
granted to meet the special needs of a resident remain in effect as long as
required by the resident;
2.
Waivers may be granted for a period of time that ends at the time the
conditions of approval no longer exist;
3. Waivers may be granted to permit a
facility time to come into compliance with the physical plant standards for a
period of one year. Upon submission of proof of ongoing progress, the waiver
may be continued for an additional year; and
4. An applicant or licensee must submit any
request for waiver of any construction or physical plant requirements set forth
in 175 NAC 12. An applicant for a waiver may construct a request for waiver
form or obtain a form from the Department.
12-007.05C
Denial of
Waiver: If the Department denies a facility's request for waiver,
the facility may request an administrative hearing as provided in the
Administrative Procedure Act and the Department's rules and regulations adopted
and promulgated under the APA.