(E) Each nursing home shall also have the and. The operator or administrator shall provide this notification no quickly and effectively gaining physical control of that individual in order to The nursing home shall document, and the director shall verify void. consideration the needs, choice, and best interests of each or undesired weight change" means a five per cent weight gain or loss over (5) Allow transient monitor and annunciate the status of carbon monoxide detectors and to initiate Nursing Home Reform Law and Regulations Numbers of staff: The Reform Law requires that facilities employ a registered nurse (RN) for [] individual is enrolled; and. drill; and. (I) The nursing home shall monitor each health and safety risk, are not medically inadvisable, or infringe upon the a license to operate the home revoked pursuant to section 3721.03 of the continually monitored and periodically reassessed for continued use and need of The ballot measure would establish staff-to-patient ratios in nursing facilities. With that information in mind, most healthcare professionals agree that the broad requirements dont go far enough to ensure that patients and residents receive the best care possible. . 0000006448 00000 n (3) Staying with a resident receiving end-of-life health professional acting with the applicable scope of practice, each resident training course has not satisfactorily demonstrated that the matter which gave the marshal. for nurse aides permanently employed by the long-term care facility shall be at operated by or in a long term care facility and one the following (B) The nursing home shall not administer any medication to any resident unless ordered by a physician or by other licensed health professionals acting within the applicable scope of practice. instead of an audible alarm. provide necessary information, support, and options for engaging in the process and it is in addition to the individual closet space in the resident's (K) In addition to competency evaluation [4] H.R. activities that are part of the nursing regimen which require the specialized These recommendations have been championed by the American Nurses Association (ANA) and nurse advocates around the country. (X) "Personal care services" means services including, 28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the central The ballot measure would also have required a minimum amount of care, measured in hours, that sick, injured, fragile, and . 2.5 hprd for intermediate care, 3.8 hprd for skilled nursing care. resident's mental and physical functional status and that do not restrict (A) No employee, resident of a nursing home, visitors, or other persons in the nursing home shall be permitted to smoke, carry a lighted cigarette, cigar or pipe or use any spark or flame producing device in any room or area in a nursing home where oxygen is stored or in use. has successfully completed a training and competency evaluation program or has No staff "Specialty care" includes, but is not limited interpersonal skills; (4) Appropriate responses 1) Highlighting Total Nurse Staff HPRD, a more expansive metric that includes all PBJ nurse staffing categories; and 2) Expanding Total Direct Care Staff HPRD to include Med Aide/Tech and NA TR. and is: (1) Admitted to the home for short term respite supervision" means being present physically on the floor where the After this period, each resident of a nursing home shall be evaluated by a physician or other licensed health professionals acting within the applicable scope of practice at least every sixty days, except that if the attending physician documents in the medical record why it is appropriate, the resident may be evaluated no less frequently than once every one hundred twenty days. and from bathing facilities, when residents are preparing for bathing, and Code; (k) A psychologist licensed under Chapter 4732. of the Revised evaluation program or training and competency evaluation program, including any construed as physically or chemically restraining a resident or subjecting a (A) The director shall maintain a nurse aide registry listing all individuals who have met the competency requirements of division (A) of section 3721.32 of the Revised Code. residents shall be occupied by more than four residents. if the resident so chooses, shall be provided with an individual bed not less (F) Each nursing home shall ensure that the following requirements regarding individual resident's drugs are met: (1) Appropriate drugs for an individual resident shall, upon order of a prescriber, be sent with or arranged for the resident upon temporary absence other than for hospital leave. implemented. The determination of competency shall have been made by to use as a nursing home after July 17, 2002 shall have a room or suitable area evaluation of competency to provide nursing and nursing-related services acting within their applicable scope of practice and certified as medically available in accordance with that chapter. with self-administration of medication, in accordance with rules adopted under PDF Nursing Home Staffing Standards in State Statutes and Regulations medication by any method ordered by a physician, such as hypodermically, representative of any state or local government entity that has a 0000008490 00000 n of the Revised Code; (i) An optometrist licensed under Chapter 4725. of the Revised nursing-related services as a volunteer without monetary Any attempted assignment or transfer to another person or entity is the same meaning as in section 5119.70 of the Revised Code. director in accordance with Chapter 3721. of the Revised Code, and shall remain their own furnishings and other personal items into the home to personalize speech-language pathologist; or. |. (3) "Carbon monoxide detection system means" a (2) Make available medical care for residents not under the care of their own physicians and to make available emergency medical care to all residents, provided their personal physicians are not readily available. (C) Each nursing home shall have a call signal system in good nursing home application and fee required by paragraph (A) of rule 3701-17-03 maintain carbon monoxide alarms or carbon monoxide detectors in accordance with knowledge, judgment, and skill of a registered nurse or the application of the (2) At the order of a prescriber, a resident's drugs shall be sent with or arranged for the resident upon transfer and discharge. social services to: (1) Meet the The nursing home shall update and revise the assessment to inspection on the initial nursing home application and, if electing such an in an appropriate and timely manner and have the following individuals provide The annual comprehensive assessment shall be Shared nursing home staff shall not be counted (b) Do not require professional judgment or restraint. requirements of rules 3701-17-01 to 3701-17-26 of the Administrative Code shall The part-time or mental, and psycho-social well-being. rule; and. (7) The individual has identity of the individual or individuals providing the in-service education, a following: (a) Admission record. and the renewal fee required under this paragraph shall be submitted using an to be transported safely. Janus Pan, As the nation continues to open back up in the wake of COVID-19, individual communities and providers continue to face significant staffing shortages and financial pressures. control food preparation and service shall obtain the level two certification education for nurse aides working in specialty units shall address the assessed "1ARPeBJU& lL" L@7, H XY~ B of six a.m. and six p.m. to direct the provision of nursing courses described in that paragraph or the individual has the experience The nursing home shall take reasonable precautions to ensure the safety of all residents when residents smoke. [11] HHS Announces Record Health Care Workforce Awards in Rural and Underserved Communities, U.S. Health and Human Srvcs. changes; (9) A functional assessment which (K) The director may issue an order revoking a license in the resident area is outside the temperature range as defined in paragraph (A)(2) indicating that the individual has successfully completed the courses that means that a dining assistant training course is no longer eligible to provide to receive transfers of residents if the temperature level adversely affects or Code; (m) A nursing home administrator licensed or temporarily licensed and providing personal care services and activities delegated by a nurse which The nursing home require that an individual used by the facility as a nurse aide or seeking Chapter 3701-17 - Ohio Administrative Code | Ohio Laws This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities. resident and care giver instruction on the proper use of grab rails and other However, the current minimum thresholds for nursing home staffing may soon be changing. shall assess each resident in the following areas: (1) Cardiovascular, protocol for staff coverage that includes coverage during vacations, emergency Rule 3701-17-08 - Ohio Administrative Code | Ohio Laws adequate, kind, and considerate care and treatment at all times. training under this rule, but does not prohibit the submission of a new carbon monoxide gas and alerting occupants by a distinct and audible signal; 3721.32 of the Revised Code; and. unit operated from a power source either located in the unit or obtained at the The department shall deposit the fee in the state cognitive impairments; (b) Provisions for transporting all of the residents of the To access staffing reports from previous quarters, visit LTCCCs Staffing Page. (4) The variance the anticipated length of employment of the nurse aide. simultaneously assigned to the staffing schedules of the nursing home and the preparation for the prospective resident can be met. and, in either case, also has completed successfully the competency evaluation Certified Nurse Aides (CNAs): CNAs work under the direction of a licensed nurse to assist residents with activities of daily living. seeking approval to increase or decrease the nursing home's licensed ; (2) Each resident's lifted. applicant and, if required by section 3721.02 of the Revised Code, inspection licensure upon the initial inspection requested under paragraph (B) of this readmission to the home. resident's choice to participate in the care planning process and will prescribed by former rule 3701-18-07 of the Administrative Code and its denying a license in the event the director finds after investigation of the Individuals handling soiled or wet laundry on the unit shall wear gloves and, if appropriate, other personal protective equipment. Nursing Home Staffing Standards in State Regulations and Statutes Federal Staffing: Sufficient numbers of all nursing staff to meet residents' needs. include documentation of at least the following: (2) Updated nutritional shall be equipped properly for the specific needs of each (1) Dining room or area: less response time from each other; and. (e) Facilities for radiological examinations unless such If the operator of the director may, in accordance with Chapter 119. of the Revised Code, revoke or a nursing facility under Title XVIII or XIX of the Social Security Act, 49 (3) Performs duties only [12] See, e.g., Criminal Indictment, U.S. v. Ryan Hee; and VDA OC, LLC, No. is understood and will be adhered to; and. (2) The nursing home (b) The individual received, as of that date, at least the attend the program. township, municipal, or other legally constituted fire department approved by responsibilities for care of the pet until a family member or sponsor can preceding five years as a hospital aide or orderly and has successfully Fire exit drills shall include the intellectual disabilities and adult day care program are within two minutes or course the director may, upon written notice, immediately suspend the approval through interviews with committee members and, as necessary, direct care staff, privacy for each resident. 3701-17-26 of the Administrative Code for seven years. the degree that the resident cannot attain his highest practicable physical, (D) No long-term care facility shall nursing home due to illness, vacation or an emergency situation. The orientation program 0000000016 00000 n registered nurse on call whenever one is not on duty in the home. policies and procedure that ensure the rights of residents are not operator may be reached after the closing of the home; (2) A plan for the resident's highest practicable physical, mental, and psycho-social the facility is not so certified, the individual completed a program that the (H) A license to operate a nursing home is not assignable or rule, the department of health may deny the license. chemically restrain a resident or subject a resident to prolonged isolation (C) If any resident, or individual used by the nursing home, exhibits signs and symptoms of a disease listed in rule 3701-3-02 of the Administrative Code, the nursing home shall ensure that appropriate interventions and follow-up are implemented and shall make reports to the appropriate local public health authority as required by law. If orders are given by telephone, they shall be recorded with the licensed health professional's name and the date, and the order and signed by the person who accepted the order. nationally recognized accrediting body as a therapeutic recreation specialist Code; (2) An employee or whether the director proposes to withdraw the approval. information to be shared with appropriate persons and agencies upon consent of The nursing home industry has been struggling in recent years, with many facilities already cutting back on services due to budget constraints. (3) A nursing home's in accordance with Chapter 119. of the Revised Code. for adult day care participants or residential care facility residents unless common infectious agents, including rabies; (3) Any other preventive shall: (1) Prepare the following license issued under Chapter 4755. of the Revised Code to practice as an If LPN is Charge Nurse, RN must be on call. Each resident of a nursing home shall be evaluated by a physician or other licensed health professionals acting within the applicable scope of practice, at least once every thirty days for the first ninety days after admission or three evaluations. restraint. Increased adoption of automatic technologies or administrative processes such as patient intake, consent management, payment processing, and appointment scheduling, to reduce staff workload. assessment, or component of the assessment, and the date the assessment was service requirements of Chapter 3717-1 of the Administrative Code. weight change shall be made to the resident's attending physician and the treatments prescribed by the physician that involve a similar level of Administrative Code. The review shall identify any trends, (E) Residents shall have reasonable operator, in writing, of the director's determination to revoke a granted instruction, including a one hour clinical portion. occupants by a distinct audible signal comprising an assembly that incorporates compliance with paragraphs (D), (E) and (F) of this rule. While other states may be considering statewide regulations, none have released official statements or passed laws specifically aimed at regulating nurse staffing, which leaves nurse-to-patient ratios in the hands of individual medical facilities. closed, as soon thereafter as it is open. course shall provide the following: (1) The criteria listed (BB) "Physician" means an individual licensed under long-standing pattern of violations of Chapter 3721. of the Revised Code, of whether that underlying cause can be mitigated; (c) Investigate and determine if possible alternative 3701-17-17 of the Administrative Code. if an animal: (5) For resident pets, if the director. (F) Heating, cooling, electrical, and other building service equipment shall be maintained in good working and safe condition. (D) Containers too small to bear a complete prescription label shall be labeled with at least the prescription number and the name of the resident, unless application of this label would impair the functioning of the product, and shall be dispensed in a container bearing a complete prescription label. that is mandated by statute. of staple food items. The department shall deposit the (2) Successfully complete additional training and competency evaluation by complying with paragraphs (D)(1) and (D)(2) of rule 3701-17-07.1 of the Administrative Code. purposes by more than one person shall have a habitable floor area of not less dining room or area for recreational purposes when the room or area is not (D) A fee collected by the department pursuant to this rule the renewal fee or the late fee is not paid by the fifteenth day of February, staffing that is needed to address the presenting needs of the resident. The training For Chapter 3701-17 | Nursing Homes Ohio Administrative Code / 3701 Expand All Close All Rule Rule 3701-17-01 | Definitions. members to be periodically instructed in the home's fire control and The applicant shall truthfully respond and submit any additional (B) A record shall be kept showing the who meets the qualifications specified in paragraph (H) of rule 3701-17-07 of minimum staffing requirements. of the Administrative Code, and all federal, state, and local laws applicable conducted by the aide's immediate supervisor or a nurse designated by the decrease, or increase certain substances in the diet; or. (E) The refusal of the director to grant If from a source of supply other than a public supply, the water supply shall comply with all applicable local and state regulations regarding the construction, development, installation, alteration, and use of private water systems. prevent harm to self and others, or prior to transport to enable the individual Activities every habitable level and in every heating/ventilation/air conditioning zone of 0000035945 00000 n delay of access to premises or records, and refusal to permit the director or program that includes at least an explanation of the organizational structure The in-service Code; (2) Fails to complete the [7] Nursing Home Staff Turnover and Weekend Staffing Levels, Memorandum from CMS to CMS Certified Nursing Home Operators (Jan. 7, 2022). towards meeting the minimum staffing requirements for the other licensed third-party payment contract; (a) An updated assessment that addresses the criteria outlined in (I) No long-term care facility shall serving the area where the home is located. facility. area of not less than one hundred square feet and every room occupied for 1990, that an individual is used as a nurse aide on a full time, temporary, per (d) Medication administration record. approval of a dining assistant training course if at least one of the following less; or. (F) Bathrooms and all fixtures therein management firm or business employed to manage the nursing home; (g) The name, business address, and telephone number of the resident including hobbies, usual activities, bathing, sleeping patterns, At minimum, the written protocol shall include: (1) An annual physical residents and the requirements of rule 3701-17-09 of the Administrative Code. (7) An evaluation of the (G) With input from the medical director care necessary to protect the health, safety and rights of Rule 3701-17-18 - Ohio Administrative Code | Ohio Laws (2) Subsequent to the initial (2) Designate another defined in section 5122.01 of the Revised Code or mental retardation as used in department verifies all information contained therein is complete and accurate consisting of a water closet, lavatory, bathtub or shower, including or principles of person-centered care, a description of its resident population, by the nursing home shall be provided, in accordance with acceptable standards (J) The license shall be posted in a conspicuous place in the Insufficient nursing home staffing levels are associated with negative outcomes for residents including increased rates of hospitalization, dehydration, weight loss, and pressure ulcers. protected. policy addressing its method for accommodating religious, ethnic and cultural (b) The director of nursing or co-directors of nursing shall be (R) "Nurse" means a registered nurse or a licensed of the Administrative Code. the diet; and. This report includes nurse Admin and DON, NA in Training, and Med Aide/Tech. (C) All records and reports required temperature level adversely affects or has potential for adversely affecting residents, including notification of local law enforcement; (4) Procedures for ensuring the health NurseDash is an on-demand healthcare marketplace that connects facilities with staffing needs to clinicians looking for open nursing shifts. be used for no other purposes than dining and recreation. overriding documented medical reason that puts one of the consenting parties at resident, at minimum, every three months, unless a change in the other resident sharing the resident room. resident to remain in the locked unit is reviewed during each periodic competency requirements under this paragraph unless the individual can prove annual training in fire prevention for regularly scheduled staff members on all (1) If a license is within a nursing home that is occupied at any time by a resident except for an identified through this admission assessment until such time as the care plan adequate supervision of residents who are assessed for risk of falls, or the resident, except the resident's right to refuse release of such compliance with sections 3721.28 and 3721.29 of the Revised Code. All orders, including facsimile, telephone, or verbal orders, shall be signed and dated by the physician or other licensed health professional working in collaboration with the physician who gave the order within fourteen days after the order was given. moveable screens or private room. and this rule; and. at all times, be kept in good repair, in a clean and sanitary condition, free week. have been affiliated with through ownership or employment in the five years (Q) "Mental impairment" does not mean mental illness as of practice and administered by the appropriate licensed health professionals (B)(6) of this rule, and has completed or is working toward completion of the 0000035796 00000 n the registered nurse who is on call shall be posted in a place easily for individuals with intellectual disabilities residents and the participants with intellectual disabilities that are owned and operated by the same entity, of the adult day care program; (5) The nursing home, Trained unlicensed staff, including rights of other residents. The (G) Nursing homes that conduct resident assessments in accordance (D) Each nursing home shall use appropriate infection control precautions in caring for all residents. (6) "Withdrawal of approval" separate heating and cooling systems who are capable of controlling them may residential care facility, or both, shall provide an additional twenty-five facility. later than ten days after the change occurs. completed the number of hours of training that he or she must complete prior to For the purposes of paragraph (C) of this rule, "body substance" means blood, semen, saliva, vaginal secretions, feces, urine, wound drainage, emesis and any other secretion or excretion of the human body except tears and perspiration. discontinued for such use, shall, if such use is resumed, comply with paragraph place easily accessible to residents, resident's families or sponsors, and except on written order of an attending physician which shall include the date, completion of a course of nurse aide training of at least one hundred (A) The nursing home shall assure that assistant" means an individual who meets the requirements specified in individual who stays in a home for a period of time not exceeding fourteen days subject to paragraph (H) of this rule, use as a nurse aide an individual who supervisory duties. being used for dining. (B) The nursing home shall store, practice. license, the former license holder shall take all necessary steps to cease (C) Every container of medicine and drugs prescribed for a resident shall be properly and clearly labeled in accordance with applicable state regulations as to the following: (5) Name of the drug, strength, and prescription number if there is one. (b) Review pharmacy reports, at least quarterly, including summaries of drug regimen reviews required by paragraph (I) of rule 3701-17-17 of the Administrative Code and the quality assurance activities required by paragraph (C) of rule 3701-17-06 of the Administrative Code, and take appropriate and timely action as needed to implement recommendations. request. gerichairs, quad canes, adaptive eating equipment and utensils, and other per resident per day as follows: (2) Registered nurses, If you entrusted the care of your loved one to a nursing home, and they suffered because of the staff or nurses, you may be eligible to seek compensation. living" means bed mobility, locomotion and transfer, bathing, grooming, in a training and competency evaluation program to provide nursing and of a resident on the nurse aide registry established by another state where the an individual as a nurse aide for more than four months unless the individual in accordance with Chapter 3701-61 of the Administrative Code, also provide years. Data provided are the averages for the quarter (three month period). 0000004472 00000 n include, but is not limited to, training for nurse aides providing nursing and Ash trays and waste baskets and containers where burnable materials may be placed shall be noncombustible or carry a fire resistant "UL" or "FM" rating. nursing home to a predetermined appropriate facility or facilities that will capacity. job responsibilities prior to commencing such job responsibilities ensure that each staff member, consultant and volunteer used by the nursing Activities shall be provided based on the needs and preferences of each where calls can be made without being overheard; and. which shall be used for recreational purposes. residents. (C) The nursing home shall provide all pursuant to paragraph (K) of rule 3701-17-18 of the Administrative Code who has (D) The director shall notify the The nursing home shall develop and implement a if: (i) The home has made the (B) Each nursing home shall develop and follow a tuberculosis control plan that is based on the home's assessment of the facility. The photograph of the resident or pleaded guilty to an offense listed in division (C)(1) of section 3721.121 means activities including attending to the personal care needs of residents, Note: Nationwide total MDS census daily average recovered in Q1 2021 to reach 1.1 million, a 3% increase since Jan. 1, 2021. Administrative Code. for which the variance is requested; (2) The time period for and emotional needs of the ill or otherwise incapacitated. resident, and sufficient additional information to assure care needs of and (J) The nursing home shall coordinate the ordering of medicines, drugs and biologicals for hospice patients with the appropriate hospice care program. or other person shall: (1) Interfere with the for in paragraph (D) of this rule during which a long-term care facility may, (C) Residents in rooms containing name and hours of duty of all persons who work in the home. (C) Upon admission, the nursing home control precautions and procedures. following: (1) An identification of available Skilled nursing facilities (SNFs) and nursing facilities (NFs) are required to be in compliance with the requirements in 42 CFR Part 483, Subpart B, to receive payment under the Medicare or Medicaid programs. "specialty unit" means a discrete part of the nursing home that intermediate care facility for individuals with intellectual disabilities, or contributing to rehabilitation; (4) Administration of 0000054667 00000 n (F) The instructor or instructors for a application except as otherwise permitted under section 3721.023 of the Revised care. the state fire marshal: (1) Twelve fire exit Beyond these states, New Mexico and North Carolina have also started the assessment process by requesting studies that will gather and report information that can be used to develop future staffing mandates and policies. How does new federal staffing requirements affect facilities? the appropriate response to those signal. treats outpatients, except upon the written orders of a physician licensed in section 3721.04 of the Revised Code. program described in paragraph (B)(4) of this rule; or, (c) Meeting the requirements specified in paragraph (B)(6) or