C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 483—REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES › Subpart C—Preadmission Screening and Annual Review of Mentally Ill and Mentally Retarded Individuals

42 C.F.R. § 483.112

Preadmission screening of applicants for admission to NFs

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Determination of need for NF services. For each NF applicant with MI or IID, the State mental health or intellectual disability authority (as appropriate) must determine, in accordance with § 483.130, whether, because of the resident's physical and mental condition, the individual requires the level of services provided by a NF.

(b) Determination of need for specialized services. If the individual with mental illness or intellectual disability is determined to require a NF level of care, the State mental health or intellectual disability authority (as appropriate) must also determine, in accordance with § 483.130, whether the individual requires specialized services for the mental illness or intellectual disability, as defined in § 483.120.

(c) Timeliness—(1) Except as specified in paragraph (c)(4) of this section, a preadmission screening determination must be made in writing within an annual average of 7 to 9 working days of referral of the individual with MI or IID by whatever agent performs the Level I identification, under § 483.128(a) of this part, to the State mental health or intellectual disability authority for screening. (See § 483.128(a) for discussion of Level I evaluation.)

(2) The State may convey determinations verbally to nursing facilities and the individual and confirm them in writing.

(3) The State may compute separate annual averages for the mentally ill and individuals with intellectual disabilities/developmentally disabled populations.

(4) The Secretary may grant an exception to the timeliness standard in paragraph (c)(1) of this section when the State—

(i) Exceeds the annual average; and

(ii) Provides justification satisfactory to the Secretary that a longer time period was necessary.

Notes of Decisions
Cited in 4 cases, 2010–2016 · leading case: Steward ex rel. Minor v. Janek
Sort: Relevance Newest Treatment
Steward ex rel. Minor v. Janek (2016) txwd · cites it 5× “§ 1396r(e)(7) and 42 C.F.R. § 483.112 et seq. Docket nos. 174 at 10; 249 at 18 n.”
Thorpe v. District of Columbia (2012) dcd “5, ¶ 4); see also 42 C.F.R. § 483.112 (“For each [nursing facility] applicant with [mental illness] or [mental retardation], the State mental health or mental retardation authority (as appropriate) must determine, in accordance with § 483.”
Rolland v. Patrick (2010) ca1 “§ 1396r(e)(7) and 42 C.F.R 483.112 et seq.” Rolland II, 1999 WL 34815562 , at *1-2.”
Van Meter v. Harvey (2011) med “§ 1396r(e)(7) and 42 C.F.R. § 483.112 et seq. 2 First Am. Class Action Compl.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.