Page:United States Statutes at Large Volume 101 Part 2.djvu/970

This page needs to be proofread.
101 STAT. 1330-176
101 STAT. 1330-176
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-176

PUBLIC LAW 100-203—DEC. 22, 1987 activities and social participation, and sanitation, infection control, and the physical environment, "(II) written plans of care provided under subsection (b)(2) and an audit of the residents' assessments under subsection (b)(3) to determine the accuracy of such assessments and the adequacy of such plans of care, and "(III) a review of compliance with residents' rights under subsection (c). "(iii) FREQUENCY.—

"(I) IN GENERAL.—Each skilled nursing facility shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this subparagraph. The Statewide average interval between standard surveys of skilled nursing facilities under this subsection shall not exceed 12 months. "(II) SPECIAL SURVEYS.—If not otherwise conducted under subclause (I), a standard survey (or an abbreviated standard survey) may be conducted within 2 months of any change of ownership, administration, management of a skilled nursing facility, or the director of nursing in order to determine whether the change has resulted in any decline in the quality of care furnished in the facility. "(B) EXTENDED SURVEYS.—


"(i) IN GENERAL.—Each skilled nursing facility which is found, under a standard survey, to have provided substandard quality of care shall be subject to an extended survey. Any other facility may, at the Secretary's or State's discretion, be subject to such an extended survey (or a partial extended survey). "(ii) TIMING.—The extended survey shall be conducted immediately after the standard survey (or, if not practical, not later than 2 weeks after the date of completion of the standard survey). "(iii) CONTENTS.—In such an extended survey, the survey team shall review and identify the policies and procedures which produced such substandard quality of care and shall determine whether the facility has complied with all the requirements described in subsections (b), (c), and (d). Such review shall include an expansion of the size of the sample of residents' assessments reviewed and a review of the staffing, of in-service training, and, if appropriate, of contracts with consultants. "(iv) CONSTRUCTION.—Nothing in this paragraph shall be construed as requiring an extended or partial extended survey as a prerequisit-e to imposing a sanction against a facility under subsection (h) on the basis of findings in a standard survey. "(C) SURVEY PROTOCOL.—Standard and extended surveys

shall be conducted— "(i) based upon a protocol which the Secretary has developed, tested, and validated by not later than October 1, 1990, and ,. „ _....,,