Current through Register Vol. 51, No. 19, September 20, 2024
A.
Responsibility for the Resident's Care. The attending physician shall:
(1) Assess a new admission in a timely
manner, based on a facility-developed protocol, depending on:
(a) The individual's medical
stability;
(b) Recent and previous
medical history;
(c) Presence of
significant or previously unidentified medical conditions; or
(d) Problems that cannot be handled readily
by phone;
(2) Seek,
provide, and analyze needed information regarding a resident's current status,
recent history, and medications and treatments, to enable safe, effective
continuing care and appropriate regulatory compliance;
(3) Provide appropriate information and
documentation to support a facility-determined level of care for a new
admission;
(4) Provide for the
authorization of admission orders in a timely manner, based on a
facility-developed protocol, to enable the nursing facility to provide safe,
appropriate, and timely care; and
(5) For a resident who is to be transferred
to the care of another attending physician, continue to provide all necessary
medical care and services pending transfer until another attending physician
has accepted responsibility for the resident.
B. Support Resident Discharges and Transfers.
The attending physician shall:
(1) Follow-up
as needed with a physician or another health care practitioner at a receiving
hospital within 24 hours of the transfer of an acutely ill or unstable
resident;
(2) Provide whatever
summary or documentation may be needed at the time of transfer to enable care
continuity at a receiving facility and to allow the nursing facility to meet
its legal, regulatory, and clinical responsibilities for a discharged
individual; and
(3) Provide a
pertinent medical discharge summary within 30 days of discharge or transfer of
the resident.
C.
Periodic, Pertinent On-site Visits to Residents. The attending physician or
licensed or certified professional health care practitioner shall:
(1) Visit a resident as frequently as the
resident's condition requires, consistent with reasonable facility
policies;
(2) Determine the
progress of each resident's condition at the time of a visit by evaluating the
resident, talking with staff as needed, and reviewing relevant information, as
needed;
(3) Review and respond to
issues requiring a physician's expertise, including:
(a) The resident's current
condition;
(b) The status of any
acute episodes of illness since the last visit;
(c) Test results;
(d) Other actual or high-risk potential
medical problems that may affect the individual's functional, physical, or
cognitive status; and
(e) Staff,
resident, or family questions regarding the individual's care and treatments;
and
(4) At each visit,
provide a legible progress note in a timely manner for placement on the chart,
which includes relevant information about significant ongoing, active, or
potential problems, including:
(a) Reasons
for changing or maintaining current treatments or medications; and
(b) A plan to address relevant medical
issues.
D.
Timeliness of Visits and Progress Notes.
(1)
Within 30 days of admission, a physician shall visit a resident, assess the
resident's needs, and prescribe a regimen of medical care. After that, a
physician, nurse practitioner, or physician assistant shall visit a resident
every 30 days, except that a physician shall visit a resident at least every
120 days.
(2) The timeliness of
visits shall be based on a facility-developed protocol, depending on:
(a) The resident's medical
stability;
(b) Recent and previous
medical history;
(c) The presence
of significant or previously unidentified medical conditions; or
(d) Problems that cannot be handled readily
by phone.
(3) The
physician or licensed or certified professional health care practitioner shall
maintain progress notes and make appropriate revisions to the resident's total
program of care. The progress notes and revisions to the program of care shall
cover, at a minimum, prognosis and changes in rehabilitation and other
appropriate goals. The physician shall review and approve each program of
care.
E. Alternate
Schedule. If the physician determines that the resident's condition requires
less frequent visits than described in §D of this regulation, the
physician may order an alternate schedule in the resident's medical record. An
alternate schedule may not be ordered for the resident's first 90 days of stay.
The alternate schedule may not exceed 60 days between visits. If there is no
alternate schedule approved by the physician, visits may not exceed 30-day
intervals.
F. Adequate Ongoing
Coverage. The attending physician shall:
(1)
Designate an alternate physician or physicians who shall respond in an
appropriate, timely manner if the attending physician is unavailable;
(2) Update the facility about the attending
physician's current office address, phone, fax, and pager numbers to enable
appropriate, timely communications, as well as the current office address,
phone, fax, and pager numbers of designated alternate physicians;
(3) Help ensure that alternate physicians
provide adequate, timely support while covering and intervene with alternate
physicians when informed of problems regarding coverage; and
(4) Adequately inform alternate physicians
about residents with active acute conditions or potential problems that may
need medical follow-up during their on-call time.
G. Appropriate Care of Residents. The
attending physician shall:
(1) Perform
accurate, timely, and relevant medical assessments;
(2) Properly define and describe resident
symptoms and problems, clarify and verify diagnoses, relate diagnoses to
resident problems, and help establish a realistic prognosis and care
goals;
(3) In consultation with the
facility's staff:
(a) Determine appropriate
services and programs for a resident, consistent with diagnoses, condition,
prognosis, and resident wishes;
(b)
Ensure that treatments are medically necessary and appropriate in accordance
with nursing facility regulatory requirements; and
(c) Manage and document ethics issues
consistent with relevant laws and regulations and with residents' wishes,
including advising residents and families about formulating advance directives
or other care instructions and helping identify individuals for whom aggressive
medical interventions may not be indicated;
(4) Respond in an appropriate time frame,
based on a facility-developed protocol, to emergency and routine notification,
to enable the facility to meet its clinical and regulatory
obligations;
(5) Respond to
notification of laboratory and other diagnostic test results in a timely
manner, based on the resident's condition and clinical significance of the
results;
(6) Analyze the
significance of abnormal test results that may reflect important changes in the
resident's status and explain the medical rationale for interventions or
decisions not to intervene based on those results;
(7) Respond promptly to notification of, and
assess and manage adequately, reported acute and other significant clinical
condition changes in residents;
(8)
Ensure that individuals receiving palliative care have appropriate comfort and
supportive care measures; and
(9)
Properly refer residents to specialty services and providers when the care
needs of the resident exceed the scope of the attending physician's knowledge
and skill.
H.
Appropriate, Timely Medical Orders. The attending physician shall:
(1) Provide timely medical orders based on an
appropriate resident assessment, review of relevant pre-admission and
post-admission information, and age-related and other pertinent risks of
various medications and treatments;
(2) Provide sufficiently clear, legible
written medication orders to avoid misinterpretation and potential medication
errors, including:
(a) Medication strength and
formulation, if alternate forms are available;
(b) Route of administration;
(c) Frequency and, if applicable, timing of
administration; and
(d) Reason for
which the medication is being given; and
(3) Institute safeguards to ensure the
accuracy of verbal orders at the time the verbal orders are given and cosign
the verbal orders in a timely fashion, but not later than the next visit to the
resident.
I.
Appropriate, Timely, and Pertinent Documentation. The attending physician
shall:
(1) Provide documentation required to
explain medical decisions, that promote effective care and allow a nursing
facility to comply with relevant legal and regulatory requirements;
and
(2) Complete death certificates
in a timely fashion, including all information required of a
physician.