Current through Register Vol. 47, No. 17, September 10, 2024
This Rule is promulgated pursuant to sections
12-20-204 and
12-265-107(1)(a),
C.R.S.
A. Pursuant to section
12-265-107(2)(a),
C.R.S., the following requirements must be met by any individual who receives
and retains a license or a temporary license as a nursing home administrator.
The licensee must:
1. Comply with all local,
state, and federal laws and regulations concerning the operation or
reimbursement of nursing homes and/or nursing home administrators. The licensed
nursing home administrator shall cooperate with any investigation of these
regulatory bodies.
2. Exercise
reasonable supervision over the activities of nursing home personnel.
3. Maintain a clean and safe environment to
ensure the health, safety, and welfare of residents and staff in the licensee's
facility.
4. Ensure a quality of
care and quality of life that is consistent with the health and safety of the
residents in the licensee's facility. This includes, but is not limited to, the
promotion of care, related medical and other services provided by the facility
to assist each resident to attain or maintain the highest practicable mental,
physical, and psychosocial well-being to the extent it is consistent with the
resident's wishes.
5. Protect
resident rights as required by state and federal laws including, but not
limited to, the protection against abuse, neglect, and other
mistreatment.
6. Participate with
the ownership, management, or facility governing board to plan, implement, and
evaluate written policies and procedures to promote facility systems to
function properly and ensure compliance with law and regulation.
7. Communicate and problem solve regularly
with the governing body, department heads, facility staff, and residents to
allocate resources properly. The nursing home administrator shall also foster
effective communication and problem solving between management, staff,
residents, family, community, and all parties involved to ensure appropriate
management and operation of the facility and to provide for residents' rights,
health, safety, and welfare.
8.
Plan, implement, and evaluate an integrated financial program for the facility
which ensures compliance with applicable laws and regulations; quality of care
and life; and appropriate and accurate billing for services.
9. Possess and maintain the competencies
necessary to effectively perform his/her responsibilities as a nursing home
administrator through the following list of competencies, which is for
illustrative purposes only and is not intended to be exhaustive:
a. Exercising ethical and professional
decision making and judgment;
b.
Assuming leadership in the facility;
c. Exemplifying an administrative philosophy
congruent with the mission and goals of the organization as well as generally
accepted standards;
d. Planning,
organizing, and directing those responsibilities delegated to the administrator
by the ownership, management, or governing board of the facility and inherent
in the role of an administrator;
e.
Abiding by and keeping confidential resident information; and
f. Keeping current with trends and industry
standards of practice.
10. Take appropriate steps to avoid
discrimination on basis of race, color, sex, religion, age, national origin,
disability, marital status, ancestry, sexual orientation, or any other factor
that may be discriminatory or not related to bona fide requirements of quality
care.
11. Provide appropriate
systems to account for and to protect residents' personal funds and property
within the facility. It shall be a violation of this Rule to misappropriate
resident or facility funds or property.
12. Disclose to the ownership, management, or
facility governing board or other authority as may be appropriate, any actual
or potential circumstance concerning the nursing home administrator that might
reasonably be thought to create a conflict of interest or have an adverse
impact on the facility or its residents.
13. Develop, participate, and monitor
compliance of a functioning Quality Assurance Committee or its equivalent that
evaluates and monitors the quality of resident care, residents' rights, and
quality of life as required by Federal and State Regulations and generally
accepted standards.
14. Adhere to
the generally accepted standards of practice of a Colorado licensed nursing
home administrator including, but not limited to, the development and
implementation of policies and procedures to ensure the health and safety of
the residents.
B. Any
failure to meet these standards may result in disciplinary proceedings as set
forth in section
12-265-113 and section
12-265-116, C.R.S.
(AMENDED ON JULY 29, 2009 AND EFFECTIVE ON AUGUST 30,
2009; AMENDED ON MARCH 7, 2012 AND EFFECTIVE APRIL 30, 2012; AMENDED ON JULY
11, 2012 AND EFFECTIVE SEPTEMBER 1, 2012; AMENDED ON JULY 17, 2013 AND
EFFECTIVE AUGUST 30, 2013)