Page:United States Statutes at Large Volume 101 Part 2.djvu/1002

 101 STAT. 1330-208


 * 'i

PUBLIC LAW 100-203—DEC. 22, 1987 "(B) EDUCATIONAL PROGRAM.—Each State shall conduct periodic educational programs for the staff and residents (and their representatives) of nursing facilities in order to present current regulations, procedures, and policies under this section. "(C) INVESTIGATION OF ALLEGATIONS OF RESIDENT NEGLECT A N D ABUSE A N D MISAPPROPRIATION OF RESIDENT PROPERTY.—

The State shall provide, through the agency responsible for surveys and certification of nursing facilities under this subsection, for a process for the receipt, 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. If the State finds, after notice to the nurse aide involved and a reasonable opportunity for a iMs hearing for the nurse aide to rebut allegations, that a nurse aide whose name is contained in a nurse aide registry has - s u t neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. "(D) CONSTRUCTION.—The failure of the Secretary to establish standards under subsection (f) shall not relieve a State of its responsibility under this subsection.

t. ( \:

"(2) SURVEYS.— "(A) ANNUAL STANDARD SURVEY.—

..^,

.

m

"(i) IN GENERAL.—Each nursing facility shall be subject to a ^^ standard survey, to be conducted without any prior notice to the facility. Any individual who notifies (or causes to be notified) a nursing facility of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. The Secretary shall review each State's procedures for scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and theconductof the surveys themselves. "(ii) CONTENTS.—Each standard survey shall include, for a case-mix stratified sample of residents— "(I) a survey of the quality of care furnished, as measured by indicators of medical, nursing, and ji rehabilitative care, dietary and nutrition services, activities and social participation, and sanitation, infection control, and the physical environment, "(II) written plans of care provided under subsection (b)(2) and an audit of the residents' assessments under subsection (b)(3) to determine the accuracy of such assessments and the adequacy of such plans of care, and "(III) a review of compliance with residents' rights under subsection (c). "(iii) FREQUENCY.—

•8 Copy read "to an standard".

�