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  <FDSYS>
    <CFRTITLE>42</CFRTITLE>
    <CFRTITLETEXT>Public Health</CFRTITLETEXT>
    <VOL>4</VOL>
    <DATE>2007-10-01</DATE>
    <ORIGINALDATE>2007-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Quality of care.</TITLE>
    <GRANULENUM>483.25</GRANULENUM>
    <HEADING>Section 483.25</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
      <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE &amp; MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER G" SEQ="2">STANDARDS AND CERTIFICATION</PARENT>
      <PARENT HEADING="PART 483" SEQ="1">REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES</PARENT>
      <PARENT HEADING="Subpart B" SEQ="0">Requirements for Long Term Care Facilities</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 483.25</SECTNO>
    <SUBJECT>Quality of care.</SUBJECT>
    <P>Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.</P>
    <P>(a) <E T="03">Activities of daily living.</E> Based on the comprehensive assessment of a resident, the facility must ensure that—</P>
    <P>(1) A resident's abilities in activities of daily living do not diminish unless circumstances of the individual's clinical condition demonstrate that diminution was unavoidable. This includes the resident's ability to—</P>
    <P>(i) Bathe, dress, and groom;</P>
    <P>(ii) Transfer and ambulate;</P>
    <P>(iii) Toilet;</P>
    <P>(iv) Eat; and</P>
    <P>(v) Use speech, language, or other functional communication systems.</P>
    <P>(2) A resident is given the appropriate treatment and services to maintain or improve his or her abilities specified in paragraph (a)(1) of this section; and</P>
    <P>(3) A resident who is unable to carry out activities of daily living receives the necessary services to maintain good nutrition, grooming, and personal and oral hygiene.</P>
    <P>(b) <E T="03">Vision and hearing.</E> To ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities, the facility must, if necessary, assist the resident—</P>
    <P>(1) In making appointments, and</P>
    <P>(2) By arranging for transportation to and from the office of a practitioner specializing in the treatment of vision or hearing impairment or the office of a professional specializing in the provision of vision or hearing assistive devices.</P>
    <P>(c) <E T="03">Pressure sores.</E> Based on the comprehensive assessment of a resident, the facility must ensure that—<PRTPAGE P="557"/>
    </P>
    <P>(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable; and</P>
    <P>(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.</P>
    <P>(d) <E T="03">Urinary Incontinence.</E> Based on the resident's comprehensive assessment, the facility must ensure that—</P>
    <P>(1) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident's clinical condition demonstrates that catheterization was necessary; and</P>
    <P>(2) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore as much normal bladder function as possible.</P>
    <P>(e) <E T="03">Range of motion.</E> Based on the comprehensive assessment of a resident, the facility must ensure that—</P>
    <P>(1) A resident who enters the facility without a limited range of motion does not experience reduction in range of motion unless the resident's clinical condition demonstrates that a reduction in range of motion is unavoidable; and</P>
    <P>(2) A resident with a limited range of motion receives appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion.</P>
    <P>(f) <E T="03">Mental and Psychosocial functioning.</E> Based on the comprehensive assessment of a resident, the facility must ensure that—</P>
    <P>(1) A resident who displays mental or psychosocial adjustment difficulty, receives appropriate treatment and services to correct the assessed problem, and</P>
    <P>(2) A resident whose assessment did not reveal a mental or psychosocial adjustment difficulty does not display a pattern of decreased social interaction and/or increased withdrawn, angry, or depressive behaviors, unless the resident's clinical condition demonstrates that such a pattern was unavoidable.</P>
    <P>(g) <E T="03">Naso-gastric tubes.</E> Based on the comprehensive assessment of a resident, the facility must ensure that—</P>
    <P>(1) A resident who has been able to eat enough alone or with assistance is not fed by naso-gastric tube unless the resident's clinical condition demonstrates that use of a naso-gastric tube was unavoidable; and</P>
    <P>(2) A resident who is fed by a naso-gastric or gastrostomy tube receives the appropriate treatment and services to prevent aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers and to restore, if possible, normal eating skills.</P>
    <P>(h) <E T="03">Accidents.</E> The facility must ensure that—</P>
    <P>(1) The resident environment remains as free of accident hazards as is possible; and</P>
    <P>(2) Each resident receives adequate supervision and assistance devices to prevent accidents.</P>
    <P>(i) <E T="03">Nutrition.</E> Based on a resident's comprehensive assessment, the facility must ensure that a resident—</P>
    <P>(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident's clinical condition demonstrates that this is not possible; and</P>
    <P>(2) Receives a therapeutic diet when there is a nutritional problem.</P>
    <P>(j) <E T="03">Hydration.</E> The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.</P>
    <P>(k) <E T="03">Special needs.</E> The facility must ensure that residents receive proper treatment and care for the following special services:</P>
    <P>(1) Injections;</P>
    <P>(2) Parenteral and enteral fluids;</P>
    <P>(3) Colostomy, ureterostomy, or ileostomy care;</P>
    <P>(4) Tracheostomy care;</P>
    <P>(5) Tracheal suctioning;</P>
    <P>(6) Respiratory care;</P>
    <P>(7) Foot care; and</P>
    <P>(8) Prostheses.</P>
    <P>(l) <E T="03">Unnecessary drugs</E>—(1) <E T="03">General.</E> Each resident's drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used:</P>
    <P>(i) In excessive dose (including duplicate drug therapy); or</P>
    <P>(ii) For excessive duration; or</P>
    <P>(iii) Without adequate monitoring; or</P>
    <P>(iv) Without adequate indications for its use; or<PRTPAGE P="558"/>
    </P>
    <P>(v) In the presence of adverse consequences which indicate the dose should be reduced or discontinued; or</P>
    <P>(vi) Any combinations of the reasons above.</P>
    <P>(2) <E T="03">Antipsychotic Drugs.</E> Based on a comprehensive assessment of a resident, the facility must ensure that—</P>
    <P>(i) Residents who have not used antipsychotic drugs are not given these drugs unless antipsychotic drug therapy is necessary to treat a specific condition as diagnosed and documented in the clinical record; and</P>
    <P>(ii) Residents who use antipsychotic drugs receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs.</P>
    <P>(m) <E T="03">Medication Errors.</E> The facility must ensure that—</P>
    <P>(1) It is free of medication error rates of five percent or greater; and</P>
    <P>(2) Residents are free of any significant medication errors.</P>
    <P>(n) <E T="03">Influenza and pneumococcal immunizations</E>—(1) <E T="03">Influenza.</E> The facility must develop policies and procedures that ensure that—</P>
    <P>(i) Before offering the influenza immunization, each resident or the resident's legal representative receives education regarding the benefits and potential side effects of the immunization;</P>
    <P>(ii) Each resident is offered an influenza immunization October 1 through March 31 annually, unless the immunization is medically contraindicated or the resident has already been immunized during this time period;</P>
    <P>(iii) The resident or the resident's legal representative has the opportunity to refuse immunization; and</P>
    <P>(iv) The resident's medical record includes documentation that indicates, at a minimum, the following:</P>
    <P>(A) That the resident or resident's legal representative was provided education regarding the benefits and potential side effects of influenza immunization; and</P>
    <P>(B) That the resident either received the influenza immunization or did not receive the influenza immunization due to medical contraindications or refusal.</P>
    <P>(2) <E T="03">Pneumococcal disease.</E> The facility must develop policies and procedures that ensure that—</P>
    <P>(i) Before offering the pneumococcal immunization, each resident or the resident's legal representative receives education regarding the benefits and potential side effects of the immunization;</P>
    <P>(ii) Each resident is offered a pneumococcal immunization, unless the immunization is medically contraindicated or the resident has already been immunized;</P>
    <P>(iii) The resident or the resident's legal representative has the opportunity to refuse immunization; and</P>
    <P>(iv) The resident's medical record includes documentation that indicates, at a minimum, the following:</P>
    <P>(A) That the resident or resident's legal representative was provided education regarding the benefits and potential side effects of pneumococcal immunization; and</P>
    <P>(B) That the resident either received the pneumococcal immunization or did not receive the pneumococcal immunization due to medical contraindication or refusal.</P>
    <P>(v) <E T="03">Exception.</E> As an alternative, based on an assessment and practitioner recommendation, a second pneumococcal immunization may be given after 5 years following the first pneumococcal immunization, unless medically contraindicated or the resident or the resident's legal representative refuses the second immunization.</P>
    <CITA>[56 FR 48873, Sept. 26, 1991, as amended at 57 FR 43925, Sept. 23, 1992; 70 FR 58851, Oct. 7, 2005]</CITA>
  </SECTION>
</CFRGRANULE>
