12 Va. Admin. Code § 30-10-800 - Survey and certification process
A. The state assures that the requirements of
§ 1919(a)(1)(A) through (C) and § 1919(g)(2)(A) through (E)(iii) of
the Act which relate to the survey and certification of non-state owned
facilities based on the requirements of § 1919(b), (c) and (d) of the Act ,
are met.
B. The state conducts
periodic education programs for staff and residents (and their
representatives).
12VAC30-20-272 describes the
survey and certification educational program.
C. The state provides for a process for the
receipt and timely review and investigation of allegations of neglect and abuse
and misappropriation of resident property by a nurse aide of a resident in a
nursing facility or by another individual used by the facility .
12VAC30-20-274 describes the
state's process.
D. The state
agency responsible for surveys and certification of nursing facilities conducts
the process for the receipt and timely review and investigation of allegations
of neglect and abuse and misappropriation of resident property.
E. The state assures that a nurse aide, found
to have neglected or abused a resident or misappropriated resident property in
a facility , is notified of the finding. The name and finding is placed on the
nurse aide registry.
F. The state
notifies the appropriate licensure authority of any licensed individual found
to have neglected or abused a resident or misappropriated resident property in
a facility .
G. The state has
procedures, as provided for at § 1919(g)(2)(A)(i), for the scheduling and
conduct of standard surveys to assure that the state has taken all reasonable
steps to avoid giving notice through the scheduling procedures and the conduct
of the surveys themselves.
12VAC30-20-275 describes the
state's procedures.
H. The state
assures that each facility shall have a standard survey which includes (for a
case-mix stratified sample of residents) a survey of the quality of care
furnished, as measured by indicators of medical, nursing and rehabilitative
care, dietary and nutritional services, activities and social participation,
and sanitation, infection control, and the physical environment, written plans
of care and audit of resident's assessments, and a review of the compliance
with resident's rights not later than 15 months after the date of the previous
standard survey.
I. The state
assures that the statewide average interval between standard surveys of nursing
facilities does not exceed 12 months.
J. The state may conduct a special standard
or special abbreviated standard survey within two months of any change of
ownership, administration, management , or director of nursing of the nursing
facility to determine whether the change has resulted in any decline in the
quality of care furnished by the facility .
K. The state conducts extended surveys
immediately or, if not practicable, not later than two weeks following a
completed standard survey in a nursing facility which is found to have provided
substandard care or in any other facility at the secretary's or state's
discretion.
L. The state conducts
standard and extended surveys based upon a protocol, i.e., survey forms,
methods, procedures and guidelines developed by HCFA, using individuals in the
survey team who meet minimum qualifications established by the
secretary.
M. The state provides
for programs to measure and reduce inconsistency in the application of survey
results among surveyors.
12VAC30-20-277 describes the
state's programs.
N. The state
issues a multidisciplinary team of professionals including a registered
professional nurse.
O. The state
assures that members of a survey team do not serve (or have not served within
the previous two years) as a member of the staff or consultant to the nursing
facility or has no personal or familial financial interest in the facility
being surveyed.
P. The state
assures that no individual shall serve as a member of any survey team unless
the individual has successfully completed a training and test program in survey
and certification techniques approved by the secretary.
Q. The state maintains procedures and
adequate staff to investigate complaints of violations of requirements by
nursing facilities and onsite monitoring .
12VAC30-20-278 describes the
state's complaint procedures.
R.
The state makes available to the public information respecting surveys and
certification of nursing facilities including statements of deficiencies, plans
of correction, copies of cost reports, statements of ownership and the
information disclosed under § 1126 of the Act .
S. The state notifies the state long-term
care ombudsman of the state's finding of noncompliance with any the
requirements of subsection B, C, and D or of any adverse actions taken against
a nursing facility .
T. If the state
finds substandard quality of care in a facility , the state notifies the
attending physician of each resident with respect to which such finding is made
and the nursing facility administrator licensing board .
U. The state provides the state Medicaid
fraud and abuse agency access to all information concerning survey and
certification actions.
Notes
Statutory Authority
§ 32.1-325 of the Code of Virginia; §§
1919(g)(1) through (2) and 1919(g)(4) through (5) of the
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