New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 3 - Residential Care Facilities
Part 410 - Scheduled Short-term Care In A Nursing Home
Section 410.2 - Resident care standards

(a) Services provided to scheduled short-term residents shall comply with the regulations governing nursing homes in Parts 400, 411, 412, 413, 414 and 415 of this Subchapter, as appropriate, except for the following provisions: 400.11, Assessment of long-term care patients; 400.13 Forms (Hospital/Community Patient Review Instrument); 415.3(c)(2)(ii)(a)(1)-(3), (b) and (c), Protection of Legal Rights; 415.3(h)(1)(i)-(vi), (2)(i)-(v) and (3), (4)(i)-(iii), Transfer and Discharge Rights; 415.11(d)(1)-(3), Discharge Summary; 415.17(b) and (c), Dental Services; 415.26(b)(10)(ii)(a) and (b), Governing Body; and 415.26(i)(1)(i)(a)-(c), (iii) and (v), Admission Policies and Practices.

(b) All facility staff involved with the scheduled short-term care residents shall receive a general orientation to familiarize them with these services. Direct care staff shall receive training to include an overview of scheduled short-term care, the special needs of the elderly living at home, and how facility care practices can be adapted to reflect patterns of care provided by the caregiver.

(c) Scheduled short-term care services shall be provided in a manner that meets the needs of the resident and shall not interfere with, or detract from, the ongoing services provided to the other residents of the facility.

(d) If the potential resident is not already known to the facility through such means as a prior admission for scheduled short-term services or enrollment in the facility's adult day health care services or long-term home health care program, the facility shall arrange for facility staff to visit the prospective resident and caregiver at their home or shall arrange for the prospective resident and caregiver to visit the facility to determine whether scheduled short-term care in a nursing home is appropriate for the individual.

(e) An assessment of each new applicant shall be completed prior to admission in order to establish baseline information about the individual and to establish a plan of care which meets his or her needs for nursing home services.

(f) A history and physical examination shall be completed for each potential scheduled short-term care resident before admission unless: one has been completed within the past year, the results of which are available to the facility, and the resident's condition has remained unchanged.

(g) The nursing home shall admit residents for scheduled short-term care only on a physician's order.

(h) A resident care plan based on the assessment and history and physical examination shall be developed with the resident and caregiver and completed upon admission. Following admission, the resident care plan shall be revised as necessary to reflect any change in the resident's care needs.

(i) Prior to admission, a discharge plan shall be developed with the prospective resident and caregiver. The discharge plan shall provide for return to the resident's home setting. Prior to discharge of the resident, the discharge plan shall be discussed with the caregiver to note any changes in the resident's condition and to discuss any recommendation for provision of care and services after the resident's return to the home setting.

(j) Following discharge, the facility shall contact the former resident and caregiver to obtain their assessment of the scheduled short-term care experience. No less frequently than every six months, the nursing home shall evaluate the findings of these assessments. Based on this evaluation, written policies and procedures and facility practices shall be changed or modified as needed.