Regulatory Compliance & Legal Framework Flashcards
7 cards from real ACC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Regulatory Compliance & Legal Framework flashcards as text
A resident refuses all activities and the family insists the activity staff 'make' the resident participate. What is the legally and ethically correct response?
Answer: Honor the resident's right to refuse and document the refusal and outreach attempts in the care plan
Resident rights under OBRA '87 guarantee the right to refuse participation; staff must respect this choice, document it, and continue to offer alternatives.
Under the Americans with Disabilities Act (ADA) Title III, what obligation do community-based activity programs open to the public have?
Answer: They must provide reasonable modifications to accommodate individuals with disabilities
ADA Title III requires places of public accommodation to make reasonable modifications in policies and practices to include people with disabilities.
Which regulatory body has primary authority to investigate complaints about resident rights violations in a Medicare/Medicaid-certified nursing facility?
Answer: The State Long-Term Care Ombudsman Program
The State Long-Term Care Ombudsman Program is federally mandated under the Older Americans Act to investigate resident rights complaints in nursing facilities.
A facility activity room is inaccessible to a resident who uses a power wheelchair. Under the ADA and CMS guidelines, what must the facility do?
Answer: Remove the architectural barrier or provide an equally effective alternative to ensure program access
Facilities must either remove barriers or provide equally effective alternative programming to ensure residents with disabilities can access activity programs.
Which element is required in a legally defensible activity care plan under CMS standards?
Answer: Measurable goals, specific interventions, and a target date for reevaluation
CMS requires care plans to include measurable goals, the specific approaches or interventions to achieve them, and timeframes for achieving or reevaluating goals.
What is the significance of the 'Preadmission Screening and Resident Review' (PASRR) process for activity consultants in nursing facilities?
Answer: It identifies individuals with mental illness or intellectual disabilities who may need specialized services beyond standard activity programming
PASRR screens residents for mental illness and intellectual disabilities, which may indicate a need for specialized services that activity consultants should incorporate into individualized programming.
If a nursing facility activity consultant discovers that a co-worker has been forging resident signatures on activity participation records, what is the appropriate regulatory and legal response?
Answer: Report the falsification to the facility administrator and follow mandatory reporting obligations, as falsifying records is fraud
Falsifying medical records constitutes fraud, potentially violating federal and state law; the activity consultant must report to administration and follow applicable mandatory reporting protocols.