(1) ENDORSEMENT REQUIRED. Any Title XVIII and
XIX certified nursing facility that provides care to residents as a Ventilator
Assisted Program must be endorsed pursuant to these rules.
(2) The facility may not admit any ventilator
dependent residents until they receive an approved endorsement from the
Endorsement. At least 60 days prior to the anticipated unit opening, the
applicant must submit, to the Department, a completed Ventilator Assisted
Program endorsement application and any other information or documentation
determined necessary by the Department to assess whether the applicant
qualifies for program endorsement, including, but not limited to:
(a) Staffing plan for the Ventilator Assisted
Staff training plan
specific to ventilator care, including, but not limited to:
(A) Cardiopulmonary Resuscitation.
(B) Basic Life Support.
(C) Mechanical Ventilation.
(D) Tracheostomy management.
(E) Pulmonary Hygiene.
(F) Emergency Response.
(c) Name of the physicians who will provide
oversight of the ventilator dependent residents and their current Medicaid
(d) Name of the
Ventilator Assisted Program Unit Director and current license number.
Valid written addendums to nursing
facility agreements that support appropriate care for residents in the
Ventilator Assisted Program with the following, a local:
(A) Emergency transportation provider;
(B) Hospital capable of
providing 24 hours a day, seven days a week care that is necessary for
Ventilator Assisted Program participants.
A copy of the contract with a Ventilator
Assisted Program unit contractor, if the facility is using a contractor to
provide their Ventilator Assisted Program services. If a licensee contracts
with an agency to provide the VAP services, the contract shall include:
(A) An outline of the services the contractor
(B) The contractor's
responsibilities for determining the VAP plan of care.
(C) How communication between the facility
and the contractor will be documented.
(g) A statement on the Ventilator Assisted
Program's mission, commitment to person-centered care, weaning, and the
promotion of Ventilator Assisted Program residents to be as independent in
respiratory function as medically feasible.
Plans including, but not limited to:
(i) Actions to investigate, control, and
Maintenance and care requirements of equipment and disposal of
(D) Floor plan of the
Ventilator Assisted Program unit designated area.
(E) Copy of the care planning tool.
(i) Copies of brochures or
advertisements used to advertise the facility and the facility's
application fee as described in section (6) of this rule.
(4) The Department shall notify the applicant
within 60 days after receiving the completed application for endorsement of the
decision to approve or deny the endorsement for a Ventilator Assisted
(5) The Department shall
return incomplete applications to the applicant.
Endorsement Fee. The non-refundable
endorsement application fee is due upon receipt of the application for an
initial endorsement and whenever the facility's license and endorsement are
renewed. Endorsement application fees are in addition to the fees required for
licensure. Fees shall be as follows:
for each facility applying for endorsement of a Ventilator Assisted
(b) $500 for each facility
applying for re-endorsement of a Ventilator Assisted Program.
DEMONSTRATED CAPACITY. In
addition to the application requirements described in these rules, the
applicant must demonstrate to the satisfaction of the Department, the ability
to provide services in a manner consistent with the requirements of these
rules. The Department shall consider the following criteria, including, but not
(a) The long-term care experience
of the applicant.
compliance history of the applicant for endorsement, of the management company
in the operation of any care facility licensed, certified, or registered under
federal or state laws, to the extent the compliance history may indicate the
applicant is not able to comply with these rules or provide quality care to
residents in the Ventilator Assisted Program.
(c) If the Department identifies compliance
issues, the applicant must submit a plan to the Department addressing the
compliance issues and the Department may require the applicant to employ a
consultant or management company for a specified period.
(8) Prior to issuing the endorsement, the
Department shall conduct an on-site inspection to ensure the facility complies
with the physical plant requirements outlined in these rules.
Even if an applicant meets the
application requirements described in this rule, the Department may deny
approval of an application for endorsement based on:
(a) Existing geographic coverage of nursing
facility ventilator services;
Market saturation; or
ability of the facility to demonstrate and maintain compliance with
requirements that apply to endorsed facilities.
(10) The Department shall conduct an on-site
inspection within 90 days of the admission of the first resident in a
Ventilator Assisted Program to ensure quality of care.
(11) The licensee shall be responsible for
the operation of the unit and quality of care rendered in the unit.
(12) The endorsement shall be identified on
the facility's license.