42 C.F.R. § 456.608
Personal contact with and observation of beneficiaries and review of records
(a) For beneficiaries under age 21 in psychiatric facilities and beneficiaries in ICFs, other than those described in paragraph (b) of this section, the team's inspection must include—
(1) Personal contact with and observation of each beneficiary; and
(2) Review of each beneficiary's medical record.
(b) For beneficiaries age 65 or older in IMDs, the team's inspection must include—
(1) Review of each beneficiary's medical record; and
(2) If the record does not contain complete reports of periodic assessments required by § 441.102 of this subchapter or, if such reports are inadequate, personal contact with and observation of each beneficiary
Notes of Decisions
Cited in 1
case, 1980–1980 · leading case: O'Bannon v. Town Court Nursing Ctr., 447 U.S. 773 (1980).
O'Bannon v. Town Court Nursing Ctr., 447 U.S. 773 (1980). “See 42 CFR § 456.608 (1979). The fact that a person may be an important, or even critical, witness does not, however, give him a constitutional right to testify.”
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