Page:United States Statutes at Large Volume 101 Part 2.djvu/979

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101 STAT. 1330-185
PUBLIC LAW 100-000—MMMM. DD, 1987
101 STAT. 1330-185

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-185

"(ii) RESIDENT REVIEW.—The nursing facility must examine each resident no less frequently than once every 3 months and, as appropriate, revise the resident s assessment to assure the continuing accuracy of the assessment. "(D) USE.—The results of such an assessment shall be used in developing, reviewing, and revising the resident's plan of care under paragraph (2). "(E) COORDINATION.—Such assessments shall be coordinated with any State-required preadmission screening program to the maximum extent practicable in order to avoid duplicative testing and effort. "(F) REQUIREMENTS RELATING TO PREADMISSION SCREENING FOR M E N T A L L Y ILL AND MENTALLY RETARDED INDIVIDUALS.—

A nursing facility must not admit, on or after January 1, 1989, any new resident who— "(i) is mentally ill (as defined in subsection (e)(TXGXi)) unless the State mental health authority has determined (based on an independent physical and mental evaluation performed by a person or entity other than the State mental health authority) prior to admission that, because of the physical and mental condition of the individual, the individual requires the level of services provided by a nursing facility, and, if the individual requires such level of services, whether the individual requires active treatment for mental illness, or "(ii) is mentally retarded (as defined in subsection (e)(TXGXii)) unless the State mental retardation or developmental disability authority has determined prior to admission that, because of the physical and mental condition of the individual, the individual requires the level of services provided by a nursing facility, and, if the individual requires such level of services, whether the individual requires active treatment for mental retardation. "(4) PROVISION OF SERVICES AND ACTIVITIES.—

"(A) IN GENERAL.—To the extent needed to fulfill all plans of care described in paragraph (2), a nursing facility must provide (or arrange for the provision of)— "(i) nursing and related services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial wellbeing of each resident; "(ii) medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; "(iii) pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals) to meet the needs of each resident; "(iv) dietary services that assure that the meals meet the daily nutritional and special dietary needs of each resident; "(v) an on-going program, directed by a qualified professional, of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident; and