The first Survey & Certification memo for nursing facilities was issued for Fiscal Year 2014 on October 1, 2013. S&C 14-01-NH requires nursing facilities to adopt a policy that implements basic life support measures such as basic CPR for residents in accordance with the individual resident’s advance directives. Some nursing facilities have previously adopted a policy that when a resident is found without vital signs and the resident was a full code, the facility called 911 and waited for a response from the emergency personnel. CMS has affirmatively stated that the facility implement CPR when cardiac arrest occurs for residents in accordance with their advance directives and merely waiting for emergency personnel to respond to the 911 call is inadequate. CPR certified staff must be available at all times to provide CPR when necessary. Facilities will be cited under F155 for violating a resident’s right to formulate an advance directive if the facility does not develop and successfully implement policies and procedures to assure that residents will be resuscitated in accordance with their individual advance directives.
You can find a copy of the letter here —> S&C 14-01-NH
For more information on the Survey Letter or related issues, please feel free to contact Janet Feldkamp or any member of our health care practice group for a further discussion.
Posted in Advanced Directives, Certification, Consumers, Continuing Care, Health Care, Health Care Decisions, Health Care Providers, Long Term Care, Medicare, Nursing Facility, Nursing Home, Post Acute Care, Regulatory Compliance, Residential Care, Skilled Nursing Facility, Survey and Certification Letters
On February 24, 2010, the Senate of the State of New York passed (S.3164/A.7729), The Family Health Care Decisions Act (the “FHCDA”). The New York Assembly passed the bill in January. This important piece of legislation allowing for surrogates to make health care decisions in certain circumstances has been in the works since 1993. NY Governor David A. Paterson applauded the passage of the FHCDA.
Consumers and health care providers have historically had to rely on a patchwork of common law decisions and the Health Care Proxy and Do-Not-Resuscitate laws to address personal health care decisions. New York common law (in a line of well know court decisions) provides that life-sustaining treatment cannot be withdrawn or withheld, unless clear and convincing evidence of the patient’s wishes can be produced. An advance directive could serve as that evidence but way too often patients have not completed one when they were competent.
The FHCDA now provides a framework for health care decisions to be made by surrogates. By doing so, it reduces the uncertainty and need for judicial determination in many situations in which current law did not provide a clear way for a health care decision to be made for an incompetent patient.
You can find a copy of (S.3164/A.7729), The Family Health Care Decisions Act at http://assembly.state.ny.us/leg/?default_fld=&bn=A07729%09%09&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y
Posted in Acute Care, Advanced Directives, Clinics, Consumers, Continuing Care, Health Care Decisions, Home Health, Hospice, Hospital, New York, Nursing Home, Palliative Care, Physicians, Post Acute Care, Rehabilitation
Tagged Advanced Directives, Consumer, FHCDA, Health Care Decisions, Health Care Proxy, Home Health, Hospital, New York, Nursing Home, Patient, Physician, Surrogate Decisions