(a) Definition—(1) For mental illness, specialized services means the services specified by the State which, combined with services provided by the NF, results in the continuous and aggressive implementation of an individualized plan of care that—
(i) Is developed and supervised by an interdisciplinary team, which includes a physician, qualified mental health professionals and, as appropriate, other professionals.
(ii) Prescribes specific therapies and activities for the treatment of persons experiencing an acute episode of serious mental illness, which necessitates supervision by trained mental health personnel; and
(iii) Is directed toward diagnosing and reducing the resident's behavioral symptoms that necessitated institutionalization, improving his or her level of independent functioning, and achieving a functioning level that permits reduction in the intensity of mental health services to below the level of specialized services at the earliest possible time.
(2) For intellectual disability, specialized services means the services specified by the State which, combined with services provided by the NF or other service providers, results in treatment which meets the requirements of § 483.440(a)(1).
(b) Who must receive specialized services. The State must provide or arrange for the provision of specialized services, in accordance with this subpart, to all NF residents with MI or IID whose needs are such that continuous supervision, treatment and training by qualified mental health or intellectual disability personnel is necessary, as identified by the screening provided in § 483.130 or §§ 483.134 and 483.136.
(c) Services of lesser intensity than specialized services. The NF must provide mental health or intellectual disability services which are of a lesser intensity than specialized services to all residents who need such services.
Notes of Decisions
Cited in
8
cases, 1994–2016 · leading case:
Rolland v. Romney, 318 F.3d 42 (1st Cir. 2003).
Rolland v. Romney, 318 F.3d 42 (1st Cir. 2003).
· cites it 4× “See 42 C.F.R. § 483.120 (b). The Commonwealth presents several arguments in support of its position that it is not obligated to provide specialized services to dual need residents.”
Rolland v. Cellucci, 138 F. Supp. 2d 110 (D. Mass. 2001).
· cites it 3× “The Settlement Agreement defines “specialized services” by reference to 42 C.F.R. § 483.120 (a)(2) and § 483.440(a).”
Steward ex rel. Minor v. Janek, 315 F.R.D. 472 (W.D. Tex. 2016).
“249-3 at 23, 50 (Outcome Measure 1-13); see 42 C.F.R. § 483.120 (where PASRR process reveals that a nursing facility resident with IDD requires specialized services, “[t]he State must provide or arrange for the provision of specialized services”).”
Rolland v. Patrick, 483 F. Supp. 2d 107 (D. Mass. 2007).
· cites it 2× “§ 1396r(7)(G)(iii) and 42 C.F.R. §§ 483.120 , 483.440(a), to all Massachusetts residents, as defined in 42 C.”
Rolland v. Cellucci, 52 F. Supp. 2d 231 (D. Mass. 1999).
“42 C.F.R. § 483.120 and *236 483.440(a). At a minimum, it would seem that the regulations form the requisite standard of care.”
Dunakin v. Quigley, 99 F. Supp. 3d 1297 (W.D. Wash. 2015).
“at 23 (citing 42 C.F.R. § 483.120 (b)).) They also argue that they have no duty to provide notice or specialized services under PASRR because he did not receive a PASRR Level II evaluation.”
Rolland v. Cellucci, 198 F. Supp. 2d 25 (D. Mass. 2002).
“See 42 C.F.R. §§ 483.120 (b) and 483.440(a)(1).”
In Re the Involuntary Discharge or Transfer of J.S. Ex Rel. Hall, 512 N.W.2d 604 (Minn. Ct. App. 1994).
· cites it 3× “56,509-510 (1992) (to be codified at 42 C.F.R. § 483.120 (b)). 6 A nursing facility must issue the resident a notice of transfer or discharge at least 30 days before the resident is transferred or discharged.”
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