N.Y. Comp. Codes R. & Regs. Tit. 10 § 415.5 - Quality of life
The facility shall care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life.
(a)
Dignity. The facility shall promote care for residents in a manner and in an
environment that maintains or enhances each resident's dignity and respect in
full recognition of his or her individuality.
(b) Self-determination and participation. The
resident shall have the right to:
(1) choose
activities, schedules, and health care consistent with his or her interests,
assessments and plans of care;
(2)
interact with members of the community both inside and outside the facility;
and
(3) make choices about aspects
of his or her life in the facility that are significant to the
resident.
(c)
Participation in resident and family groups.
(1) A resident shall have the right to
organize and participate in resident groups in the facility.
(2) A resident's family shall have the right
to meet in the facility with the families of other residents in the
facility.
(3) The facility shall
provide a resident or family group, if one exists, with private
space.
(4) Staff or visitors shall
be allowed to attend meetings at the group's invitation.
(5) The facility shall provide a designated
staff person responsible for providing assistance and responding to written
requests that result from group meetings.
(6) When a resident or family group exists,
the facility shall listen to the views and act upon the grievances and
recommendations of residents and families concerning proposed policy and
operational decisions affecting resident care and life in the
facility.
(d)
Participation in other activities.
(1) A
resident shall have the right to participate in social, religious, and
community activities that do not interfere with the rights of other residents
in the facility.
(2) The facility
shall arrange for opportunities for religious worship and counseling for any
residents requesting such services.
(e) Accommodation of needs. A resident shall
have the right to:
(1) reside and receive
services in the facility with reasonable accommodation of individual needs and
preferences, except when the health or safety of the individual or other
residents would be endangered; and
(2) receive notice before the resident's room
or roommate in the facility is changed.
(f) Activities.
(1) The facility shall provide for an ongoing
program of activities designed to meet, in accordance with the comprehensive
resident assessment, the interests and the physical, mental and psychosocial
well-being of each resident. The activities program shall:
(i) encourage the resident's voluntary choice
of activities and participation; and
(ii) promote and maintain the resident's
sense of usefulness to self and others, make his or her life more meaningful,
stimulate and support the desire to use his or her physical and mental
capabilities to the fullest extent and enable the resident to maintain a sense
of usefulness and self-respect.
(2) The activities program shall be directed
by a qualified professional who:
(i) is a
qualified therapeutic recreation specialist who is eligible for certification
as a therapeutic recreation specialist by a recognized accrediting body on or
after August 1, 1989; or
(ii) has
two years of experience in an age-appropriate social or recreational program
within the last five years, one of which was full-time in a patient or resident
activities program in a health care setting; or
(iii) is a qualified occupational therapist
or occupational therapy assistant.
(3) The activities program director shall be
responsible to the administrator or his or her designee for administration and
organization of the activities program and shall:
(i) assist in the selection and evaluation of
activities program staff and volunteers;
(ii) assign duties and supervise all
activities staff and assigned volunteers;
(iii) ascertain, initially from the
resident's attending physician, and on an ongoing basis from other appropriate
professional staff, which residents are not permitted for specific documented
medical reasons, to participate in certain activities;
(iv) develop and prepare with the resident
and designated representatives, as appropriate, a written plan for individual,
group and independent activities in accordance with his or her needs, interests
and capabilities, and in recognition of his or her mental and physical needs
and interests, as well as education and experiences;
(v) incorporate the activities into the
resident's interdisciplinary care plan;
(vi) periodically, and at least quarterly,
review with the resident, designated representative and staff, as appropriate
his or her activities program participation and revise the plan as
necessary;
(vii) coordinate and
incorporate the activities program with the resident's schedule of other
services through discussions with the interdisciplinary care team;
(viii) develop a monthly activities schedule
based upon individual and group needs, interests and capabilities considering
the special needs of residents including but not limited to dementias, physical
handicaps, visual, hearing and speech deficiencies and wheelchair or bed
restrictions;
(ix) post the current
monthly activities schedule where it is accessible to residents and staff and
can be easily read and provide a copy to residents upon request; and
(x) include in the resident's clinical record
a quarterly assessment of the resident's degree of participation in, response
to and benefit from the activities program.
(4) The facility shall:
(i) employ such additional qualified
personnel responsible to the activities director, as are needed;
(ii) provide a planned program to include
individual, group and independent programs for all residents at various times
of the day and evening seven days of the week;
(iii) provide safe and adequate space and an
adequate number and variety of equipment and supplies for the conduct of the
on-going program; and
(iv) develop,
facilitate access and implement programs to encourage residents to establish
and maintain community contacts.
(g) Social services.
(1) The facility shall provide for a social
service program to meet the psychosocial needs of the individual resident which
will provide services, based upon a comprehensive assessment, which will assure
the maximum attainable quality of life for the residents, the residents'
emotional and physical well-being, self-determination, self respect and
dignity. Such services shall include:
(i)
conducting an initial admissions assessment and interview with the resident and
family to evaluate the appropriateness of placement and identify the need for
special services;
(ii) interpreting
the residents' rights to family and staff;
(iii) advocating for the resident with
personal and social problems and problems involved with
institutionalization;
(iv)
facilitating needed communication with other disciplines on behalf of the
residents, including medical, nursing, dietary, rehabilitation and psychiatric
services;
(v) coordinating and
monitoring needed available services for individual residents to assure optimum
level of emotional, physical and psychological well-being and independence
based upon educational background;
(vi) involving the resident, other
disciplines and administration as appropriate regarding matters such as bed
retention, room change, transfer and discharge;
(vii) interpreting residents' needs and
behaviors and extending professional intervention to all levels of staff
suggesting positive approaches; such as alternatives to the use of restraints
and psychotropic drugs;
(viii)
initiating and facilitating small group meetings of residents, family and staff
directed at a fuller understanding of the institutionalized resident and fuller
joint participation in improving the residents' emotional and physical
well-being;
(ix) initiating and
participating in interdisciplinary meetings and team conferences;
(x) providing assistance and support to
residents' family members;
(xi)
arranging for residents and families to meet with Department of Health
surveillance staff as necessary;
(xii) participating, if requested by
residents, in the organization and on-going functioning of the resident and
family councils;
(xiii) making
available social work staff at varying schedules, including weekends and
evenings;
(xiv) coordinating and
facilitating the referral of residents for needed and requested services and
outside resources not available in the facility; and
(xv) organizing bereavement counseling for
roommates, families and other affected individuals.
(2) The facility shall employ a qualified
social worker. Facilities with more than 120 beds shall employ such individual
on a full time basis; facilities with 120 beds or fewer shall employ such
individual on a full or part time basis. A qualified social worker for purposes
of this Part is an individual who:
(i) holds a
master's degree in social work or is a certified social worker and has
pertinent experience in a health care setting;
(ii) holds a bachelor's degree in social
work, or in a related field, and has regular access through a contract which
meets the provisions of subdivision (e) of section
415.26 of this Part with a person
who meets the requirement of subparagraph (i) of this paragraph; or
(iii) had four years of social work
experience in a nursing home in New York State prior to October 1, 1990, as a
social work assistant or case aide and has regular access through a contract
which meets the provisions of section
415.26(e) of this
Part with a person who meets the requirement of subparagraph (i) of this
paragraph.
(h) Environment. The facility shall provide:
(1) a safe, clean, comfortable and homelike
environment, allowing the resident to use his or her personal belongings to the
extent possible;
(2) housekeeping
and maintenance services necessary to maintain a sanitary, orderly and
comfortable interior;
(3) clean bed
and bath linens that are in good condition;
(4) comfortable and safe temperature levels;
and
(5) for the maintenance of
comfortable sound levels.
Notes
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No prior version found.