OBRA Act - OBRA Guidelines - Mental Health Services seniors - Behavioral Health Services seniors

P.L. 100-203 Nursing Home Reform Act

§ 1819 [42 USC § 1395i-3]. Requirements for, and assuring quality
of care in, skilled nursing facilities

Specific portions of OBRA pertaining to VeriCare services:

 (a) "Skilled nursing facility" defined.

(2) has in effect a transfer agreement (meeting the requirements of section [1861(1)]

1861 (1) of this Act [42 USC 1395x(1)] [section 1395x(1) of Title 42]) with one or more hospitals having agreements in effect under section [1866] 1866 of this Act [42 USC 1395cc] [section 1395cc of this Title 42]; and

(b) Requirements relating to provision of services.

1. Provision of services and activities
   1. In general

      To the extent needed to fulfill all plans of care described in paragraph (2), a skilled nursing facility must provide, directly or under arrangements (or, with respect to dental services, under agreements) with others for the provision of-

      1. nursing services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident;
      2. medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident;
      3. pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals) to meet the needs of each resident;
      4. dietary services that assure that the meals meet the daily nutritional and special dietary needs of each resident;
      5. an on-going program, directed by a qualified professional, of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident;
      6. routine and emergency dental services to meet the needs of each resident;
      7. treatment and services required by mentally ill and mentally retarded residents not otherwise provided or arranged for (or required to be provided or arranged for) by the State.

      The services provided or arranged by the facility must meet professional standards of quality. Nothing in clause (vi) shall be construed as requiring to provide or arrange for dental services described in that clause without additional charge.

   2. Qualified persons providing services

Services described in clauses (i), (ii), (iii), (iv), and (vi) of subparagraph (A) must be provided by qualified persons in accordance with each resident’s written plan of care.