Page:United States Statutes at Large Volume 101 Part 2.djvu/956

 101 STAT. 1330-162 ' '•'

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PUBLIC LAW 100-203—DEC. 22, 1987 ment is subject to a civil money penalty of not more than $5,000 with respect to each assessment. "(Ill) 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. "(iii) USE OF INDEPENDENT ASSESSORS.—If a State determines, under a survey under subsection (g) or otherwise, that there has been a knowing and willful certification of false assessments under this paragraph, the State may require (for a period specified by the State) that resident assessments under this paragraph be conducted and certified by individuals who are independent of the facility and who are approved by the State. "(C) FREQUENCY.—

"(i) IN GENERAL.—Such an assessment must be conducted— "(I) promptly upon (but no later than 4 days ' ' after the date of) admission for each individual admitted on or after October 1, 1990, and by not "•-•••''• later than October 1, 1990, for each resident of the facility on that date; "(II) promptly after a significant change in the resident's physical or mental condition; and "(III) in no case less often than once every 12 months. "(ii) RESIDENT REVIEW.—The skilled 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 yr-/: •'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. "(4) PROVISION OF SERVICES AND ACTIVITIES.—

"(A) IN GENERAL.—To the extent needed to fulfill all plans of care described in paragraph (2), a skilled nursing facility must provide, directly or under arrangements (or, with respect to dental services, under agreements) with others for the provision of— '^ "(i) nursing services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial well-being 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 v, - ,. - meet the needs of each resident;

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