Page:United States Statutes at Large Volume 101 Part 2.djvu/978

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101 STAT. 1330-184
101 STAT. 1330-184
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-184

PUBLIC LAW 100-203—DEC. 22, 1987 ment of each resident's functional capacity, which assessment— "(i) describes the resident's capability to perform daily life functions and significant impairments in functional capacity; "(ii) is based on a uniform minimum data set specified by the Secretary under subsection (f)(6)(A); "(iii) in the case of a resident eligible for benefits under this title, uses an instrument which is specified by the State under subsection (e)(5); and "(iv) in the case of a resident eligible for benefits under part A of title XVIII, includes the identification of medical problems. "(B) CERTIFICATION.—

"(i) IN GENERAL.—Each such assessment must be conducted or coordinated (with the appropriate participation of health professionals) by a registered professional nurse who signs and certifies the completion of the assessment. Each individual who completes a portion of such an assessment shall sign and certify as to the accuracy of that portion of the assessment. "(ii) PENALTY FOR FALSIFICATION.—

"(I) An individual who willfully and knowingly certifies under clause (i) a material and false statement in a resident assessment is subject to a civil money penalty of not more than $1,000 with respect to each assessment. "(II) An individual who willfully and knowingly causes another individual to certify under clause (i) a material and false statement in a resident assessment is subject to a civil money penalty of not more than $5,000 with respect to each assessment. "(Ill) The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. "(iii) USE OF INDEPENDENT ASSESSORS.—If a State determines, under a survey under subsection (g) or otherwise, that there has been a knowing and willful certification of false assessments under this paragraph, the State may require (for a period specified by the State) that resident assessments under this paragraph be conducted and certified by individuals who are independent of the facility and who are approved by the State. "(C) FREQUENCY.—

"(i) IN GENERAL.—Such an assessment must be conducted— "(I) promptly upon (but no later than 4 days after the date of) admission for each individual admitted on or after October 1, 1990, and by not later than October 1, 1991, for each resident of the facility on that date; "(II) promptly after a significant change in the resident's physical or mental condition; and "(III) in no case less often than once every 12 months. •