Page:United States Statutes at Large Volume 101 Part 2.djvu/967

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101 STAT. 1330-173
101 STAT. 1330-173
PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-173

under subsection (b)(5) if the State determines that, at the time the program was offered, the program met the requirements for approval under such paragraph; and "(iii) shall prohibit approval of such a program— "(I) offered by or in a skilled nursing facility which has been determined to be out of compliance with the requirements of subsection (b), (c), or (d), within the previous 2 years, or "(II) offered by or in a skilled nursing facility unless the State makes the determination, upon an individual's completion of the program, that the individual is competent to provide nursing and nursing-related services in skilled nursing facilities. A State may not delegate its responsibility under clause (iiiXII) to the skilled nursing facility. "(3)


TRANSFERS.—For purposes of subsections (c)(2)(B)(iii)(I) and (e)(3), by not later than October 1, 1989, the Secretary shall establish guidelines for minimum standards which State appeals processes under subsection (e)(3) must meet to provide a fair mechanism for hearing appeals on transfers of residents from skilled nursing facilities. "(4) SECRETARIAL STANDARDS FOR QUALIFICATION OF ADMINIS-

TRATORS.—For purposes of subsections (d)(l)(C) and (e)(4), the Secretary shall develop, by not later than March 1, 1989, standards to be applied in sissuring the qualifications of administrators of skilled nursing facilities. "(5) CRITERIA FOR ADMINISTRATION.—The Secretary shall establish criteria for assessing a skilled nursing facility's compliance with the requirement of subsection (d)(1) with respect to— "(A) its governing body and management, "(B) agreements with hospitals regarding transfers of residents to and from the hospitals and to and from other skilled nursing facilities, "(C) disaster preparedness, "(D) direction of medical care by a physician, "(E) laboratory and radiological services, "(F) clinical records, and "(G) resident and advocate participation. "(6)


INSTRUMENTS.—The Secretary shall— "(A) not later than July 1, 1989, specify a minimum data set of core elements and common definitions for use by nursing facilities in conducting the assessments required under subsection (b)(3), and establish guidelines for utilization of the data set; and "(B) by not later than October 1, 1990, designate one or more instruments which are consistent with the specification made under subparagraph (A) and which a State may specify under subsection (e)(5)(A) for use by nursing facilities in complying with the requirements of subsection a)X3XAXiii). "(7) LIST OF ITEMS AND SERVICES FURNISHED IN SKILLED NURSING FACILITIES NOT CHARGEABLE TO THE PERSONAL FUNDS OF A RESIDENT.—