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 B—Requirements for Long Term Care Facilities

42 C.F.R. § 483.40

Behavioral health services

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

Each resident must receive and the facility must provide the necessary behavioral health care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. Behavioral health encompasses a resident's whole emotional and mental well-being, which includes, but is not limited to, the prevention and treatment of mental and substance use disorders.

(a) The facility must have sufficient staff who provide direct services to residents with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care and considering the number, acuity and diagnoses of the facility's resident population in accordance with § 483.71. These competencies and skills sets include, but are not limited to, knowledge of and appropriate training and supervision for:

(1) Caring for residents with mental and psychosocial disorders, as well as residents with a history of trauma and/or post-traumatic stress disorder, that have been identified in the facility assessment conducted pursuant to § 483.71; and

(2) Implementing non-pharmacological interventions.

(b) Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who displays or is diagnosed with mental disorder or psychosocial adjustment difficulty, or who has a history of trauma and/or post-traumatic stress disorder, receives appropriate treatment and services to correct the assessed problem or to attain the highest practicable mental and psychosocial well-being;

(2) A resident whose assessment did not reveal or who does not have a diagnosis of a mental or psychosocial adjustment difficulty or a documented history of trauma and/or post-traumatic stress disorder does not display a pattern of decreased social interaction and/or increased withdrawn, angry, or depressive behaviors, unless the resident's clinical condition demonstrates that development of such a pattern was unavoidable; and

(3) A resident who displays or is diagnosed with dementia, receives the appropriate treatment and services to attain or maintain his or her highest practicable physical, mental, and psychosocial well-being.

(c) If rehabilitative services such as but not limited to physical therapy, speech-language pathology, occupational therapy, and rehabilitative services for mental disorders and intellectual disability, are required in the resident's comprehensive plan of care, the facility must—

(1) Provide the required services, including specialized rehabilitation services as required in § 483.65; or

(2) Obtain the required services from an outside resource (in accordance with § 483.70(f)) from a Medicare and/or Medicaid provider of specialized rehabilitative services.

(d) The facility must provide medically-related social services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident.

[81 FR 68862, Oct. 4, 2016, as amended at 89 FR 40999, May 10, 2024]
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1996–2021 · leading case: Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007).
Sort: Relevance Newest Treatment
Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007). · cites it 2× “42 CFR § 483.40 ; Tenn. Comp. R. & Regs. § 1200-8-6-.”
Covenant Health Rehab of Picayune v. Brown, 949 So. 2d 732 (Miss. 2007). · cites it 2× “" 42 C.F.R. 483.40(a). Additionally, "[t]he resident must be seen by a physician at least once every 30 days for the first 90 days after admission, and at least once every 60 days thereafter.”
McDaniel v. Ong, 724 N.E.2d 38 (Ill. App. Ct. 1999). · cites it 4× “November 3, 1992)]; (e) Failed to review PAM's total care program and revise the program to maintain or improve PAM's status, including her gynecological status, contrary to [ 42 C.F.R. § 483.40 (b)(1) (1994)]; (f) Failed to examine and visit PAM as needed to maintain or improve…”
Am. Soc'y of Consultant Pharmacists v. Concannon, 214 F. Supp. 2d 23 (D. Me. 2002). “By Plaintiff's reasoning, for instance, a "nursing facility service” would also include the services a nursing facility obtains from outside physicians, 42 C.F.R. § 483.40 , dieticians (§ 483.35), dentists (§ 483.”
Dupree v. Plantation Pointe, LP, 892 So. 2d 228 (Miss. 2004). “See 42 C.F.R. § 483.40 (2004) (only a physician may admit an individual to another facility).”
Dupree v. Plantation Pointe, LP, 881 So. 2d 832 (Miss. Ct. App. 2003). “See 42 C.F.R. § 483.40 (only a physician may admit an individual to another facility).”
Goda v. White Cliff Leasing P'ship, 62 Pa. D. & C.4th 476 (2003). “” Additionally, 42 C.F.R. §483.40 provides that “[e]ach resident must remain under the care of a physician.”
Satterwhite v. Reilly, 817 So. 2d 407 (La. Ct. App. 2002). · cites it 2× “Under 42 C.F.R. § 483.40 (a)(1), the medical care of each resident is supervised by a physician.”
Armstrong v. Andover Subacute & Rehab Ctr. Servs. One, Inc. (D.N.J. 2019). · cites it 2× “6 The SAC cites 42 C.F.R. § 483.40 (c)(1) as the applicable regulation regarding the frequency of physician visits.”
Birchwood Manor, Inc. v. Comm'r of Revenue, 680 N.W.2d 504 (Mich. Ct. App. 2004). · cites it 3× “42 CFR 483.40; 42 CFR 483.60; 2001 AC, R 325.”
Covenant Health Rehab of Picayune, L.P. v. Barbara N. Brown (Miss. 2005). · cites it 2× “”42 C.F.R. 483.40 (a). Additionally, “[t]he resident must be seen by a physician at least once every 30 days for the first 90 days after admission, and at least once every 60 days thereafter.”
Diggs v. Susquehanna Ctr. for Nursing & Rehab., 35 Pa. D. & C.4th 373 (1996). · cites it 3× “25 (g) and 42 C.F.R. §483.40 and are therefore negligent per se.”
Show all 18 citing cases →
— 42 C.F.R. § 483.40(a) — 1 case
Covenant Health Rehab of Picayune v. Brown, 949 So. 2d 732 (Miss. 2007). “" 42 C.F.R. 483.40(a). Additionally, "[t]he resident must be seen by a physician at least once every 30 days for the first 90 days after admission, and at least once every 60 days thereafter.”
— 42 C.F.R. § 483.40(b)(3) — 1 case
Birchwood Manor, Inc. v. Comm'r of Revenue, 680 N.W.2d 504 (Mich. Ct. App. 2004). “42 CFR 483.40; 42 CFR 483.60; 2001 AC, R 325.”
— 42 C.F.R. § 483.40(c)(1) — 1 case
Covenant Health Rehab of Picayune v. Brown, 949 So. 2d 732 (Miss. 2007). “" 42 C.F.R. 483.40(a). Additionally, "[t]he resident must be seen by a physician at least once every 30 days for the first 90 days after admission, and at least once every 60 days thereafter.”
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.