STEPS for Compliance
- Nursing homes now must provide verbal and written notice to residents, including new admissions, when the following occurs:
- -A resident has been determined by their physician that they lack capacity to make medical decisions;
- -There is an understanding that the resident does not have a surrogate decision maker;
- -There is a current physician ordered treatment plan and it is approved by the interdisciplinary team (IDT); and
- -Their treatment plan will continue without interruption.
- -The written notice also needs to inform the resident that they have the right to a representative, they can seek judicial review of the determinations made by their physician, and that the intervention being provided by the facility was approved by the IDT.
Also note: Permissible interventions include: the administration of antipsychotic medications (when permitted under state and federal law), the creation of and any changes made to POLSTs, the issuance of DNR and comfort care orders, and the election of hospice.
- CAHF – Final judgment issued on Epple Bill. The following summary is from CAHF’s legal counsel, Mark Reagan.
- Provider Long Term & Post-Acute Care – California Court Maintains Law Permitting SNFs to Service Individuals Who are Incapacitated
SSD Online Training will be providing a basic policy and procedure, forms, to fulfill these Epple requirements. Please email SSDOnlinetraining@gmail.com to request a copy when available.