Part 413 - Consumer Information System

Effective Date: 
Wednesday, June 26, 1991
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 2803(1)(c)

Section 413.1 - Consumer information

Section 413.1(a) Consumer information. The department shall issue to each nursing home consumer information based on the findings from any on-site regulatory visit.

(b) Consumer information shall include as a minimum the residential health care facility (RHCF) survey profile which summarizes the results of a regulatory visit; any statement of deficiencies issued since the last certification survey; the enforcement poster, if applicable; and other information relating to the facility available through the consumer information system.
 

Effective Date: 
Wednesday, June 26, 1991
Doc Status: 
Complete

Section 413.2 - Disclosure

413.2 Disclosure. (a) The facility shall post consumer information in a prominent location where it is readily accessible and can be seen easily by all residents, residents' designated representatives, residents' families and visitors.

(b) The RHCF survey profile and any statement of deficiencies issued since the last certification survey shall be posted at the time the facility sends a plan of correction to the appropriate area office or in any event, no later than 14 days from the receipt of the statement of deficiencies or survey profile summary. Any enforcement poster shall be posted immediately on receipt and shall remain in place until the enforcement action is resolved.

(c) The consumer information shall remain posted during the time any appeal by the facility is in process.

(d) Facility staff shall be made available at the request of a resident or prospective resident, their designated representative, or family to discuss consumer information.
 

Effective Date: 
Wednesday, June 26, 1991
Doc Status: 
Complete

Section 413.3 - Appeal process

413.3 Appeal process. (a) The facility may appeal the accuracy of the RHCF survey profile summary to the commissioner within 20 days after receipt of such information. An appeal of the accuracy of the RHCF survey profile summary shall be limited to whether such summary accurately reflects the findings set forth in the statement of deficiencies.

(b) The department, in response to an appeal by the facility, shall:

(1) acknowledge the appeal;

(2) review the appeal and any documentation submitted by the facility;

(3) notify the facility in writing of the decision of the appeal; and

(4) issue a new or amended facility survey profile summary, if appropriate.
 

Effective Date: 
Wednesday, June 26, 1991
Doc Status: 
Complete