Current through Register Vol. 48, No. 38, September 20, 2024
a) Resident
reimbursement classification shall be based on the Minimum Data Set (MDS),
Version 3.0 assessment instrument mandated by the United States Department of
Health and Human Services, Centers for Medicare and Medicaid Services (federal
CMS) that nursing facilities are required to complete for all residents. When
later guidance or clarifications are released by federal CMS that contradicts
or augments guidance provided in this Section, the more current information
becomes the accepted standard and shall become effective as of the date
required by federal CMS. The Department shall establish resident classification
according to the 48-group, Version IV or RUG-IV model. Resident classification
shall be established based on the individual items identified on the MDS and
shall be completed according to the RAI Manual.
b) Each resident shall be classified based on
the information from the MDS submitted according to the categories as
identified in Section
147.330
and as defined in the RAI Manual.
c) General Documentation Requirements
1) A facility shall maintain resident records
on each resident in accordance with acceptable professional standards and
practices.
2) Supportive
documentation in the clinical record used to validate the MDS item responses
shall be dated during the specified look-back period or other timeframe as
identified in the RAI Manual. Records shall be retained for at least three
years from the date of discharge.
3) Supportive documentation entries shall be
dated and their authors identified by signature or initials. Signatures are
required to authenticate all documentation utilized to support MDS item
responses. At a minimum, the signature shall include the first initial, last
name, and title/credentials. Any time a facility chooses to use initials in any
part of the record for authentication of an entry, there shall also be
corresponding full identification of the initials on the same form or on a
signature legend. Initials may never be used where a signature is required by
law (i.e., on the MDS). When electronic signatures are used, the facility shall
have policies in place to identify those who are authorized to sign
electronically and have safeguards in place to prevent unauthorized use of
electronic signatures.
4) Each page
or individual document in the clinical record shall contain the resident's
identification information.
5) A
multi-page supportive documentation form completed by one staff member may be
signed and dated at the end of the form, provided that each page is identified
with the resident's identification information and the dates are clearly
indentified on the form.
6)
Corrections/Obliterations/Errors/Mistaken Entries. At a minimum, there shall be
one line through the incorrect information, the staff's initial, the date of
correction was made, and the corrected information. Information that is deemed
illegible by Department reviews will not be considered for validation
purposes.
7) An error correction in
the electronic record applies the same principles as for the paper clinical
record. Some indication that a previous version of the entry exists shall be
evident to the caregiver or other person viewing the entry.
8) Late entries shall be clearly labeled as a
late entry and contain the current date, time and authorized signature.
Amendments are a form of late entry. Amendments shall be clearly labeled as an
addendum or amendment and include the current date, time and authorized
signature.
9) Facilities shall have
a written policy and procedures that states who is authorized to make
amendments, late entries, and correct errors in the electronic health records
(EHRs) and clearly dictate how these changes to the EHR are made.
10) Resident records shall be complete,
accurately documented, readily accessible to Department staff, and
systematically organized. At a minimum, the record shall contain sufficient
information to identify the resident, a record of the resident's assessments,
care plan, record of services provided, and progress notes.
11) Documentation from all disciplines and
all portions of the resident's clinical record may be used to validate an MDS
item response. All supporting documentation shall be produced by a facility
during an onsite visit.
12)
Documentation shall support all conditions or treatments were present or
occurred within the look-back period ending on, and including the ARD period.
The look-back period shall include observations and events through the end of
the day (midnight) of the ARD. Documentation shall apply to the appropriate
look-back period and reflect the resident's status on all shifts.
13) Documentation in the clinical record
shall consistently support the item response and reflect care related to the
symptom or problem. Documentation shall reflect the resident's status on all
shifts.
14) Problems that are
identified by the MDS item responses that affect the resident's status shall be
addressed on the care plan when deemed appropriate by the interdisciplinary
team (IDT) as identified in the RAI Manual.
15) Insufficient or inaccurate documentation
may result in a determination that the MDS item submitted was not
validated.
16) Documentation shall
support that the services delivered were medically necessary.
17) Documentation shall support an
individualized care plan was developed based on the MDS and other assessments
and addressed the resident's strengths and needs. In addition, documentation,
observation and/or interview shall support services were delivered as
identified by the care plan.
18)
Clinical documentation that contributes to identification and communication of
a resident's problems, needs and strengths that monitors his or her condition
on an ongoing basis and that records treatments and response to treatment is a
matter of clinical practice and is an expectation of trained and licensed
health care professional.
19) When
there is a significant change in status assessment done, documentation shall
include the identification of the significant change in status in the clinical
record.
d) Disease
Diagnosis Requirements
1) The disease
condition shall require a physician-documented diagnosis in the clinical record
during the 60 days prior to and including the ARD.
2) The diagnosis shall be determined to be
active as defined in the RAI Manual during the 7-day look-back period.
Conditions that have been resolved or no longer affect the resident's current
functioning or care plan during the 7-day look-back period shall not be
included.
3) Documentation shall
support that the active diagnoses have a direct relationship to the resident's
current functional status, cognitive status, mood or behavior, medical
treatments, nursing monitoring, or risk of death during the look-back
period.
4) There shall be specific
documentation in the record by a physician stating the disease is active.
Including a disease/diagnosis on the resident's clinical record problem list is
not sufficient for determining active or inactive status. In the absence of
specific documentation that a disease is active, the following indicators may
be used to confirm active disease.
A) Recent
onset or acute exacerbation of the disease or condition indicated by a positive
study, test or procedure, hospitalization for acute symptoms and/or recent
change in therapy during the 7-day look-back period.
B) Symptoms and abnormal signs indicating
ongoing or decompensating disease in the last 7-day look-back period.
C) Ongoing therapy with medication or other
interventions to mange a condition that requires monitoring for therapeutic
efficacy or to monitor potentially severe side effects in the 7-day look-back
period. A medication indicates active disease if that medication is prescribed
to manage an ongoing condition that requires monitoring or is prescribed to
decrease active symptoms associated with a condition.
D) When documentation of conditions that are
generally short term in nature (i.e., fever, septicemia, pneumonia, etc.) are
noted over a long period of time by the facility staff, the physician may be
interviewed to determine accuracy of the diagnosis. In addition, when questions
regarding the validity of the diagnosis are found during review of the
documentation the physician may be interviewed.