[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR412.27]



[Page 473-475]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 412_PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL SERVICES

--Table of Contents

 

Subpart B_Hospital Services Subject to and Excluded From the Prospective 

  Payment Systems for Inpatient Operating Costs and Inpatient Capital-

                              Related Costs

 

Sec. 412.27  Excluded psychiatric units: Additional requirements.



    In order to be excluded from the prospective payment system as 

specified in Sec. 412.1(a)(1), and paid under the prospective payment 

system as specified in Sec. 412.1(a)(2), a psychiatric unit must meet 

the following requirements:

    (a) Admit only patients whose admission to the unit is required for 

active treatment, of an intensity that can be provided appropriately 

only in an inpatient hospital setting, of a psychiatric principal 

diagnosis that is listed in the Fourth Edition, Text Revision of the 

American Psychiatric Association's Diagnostic and Statistical Manual, or 

in Chapter Five (``Mental Disorders'') of the International 

Classification of Diseases, Ninth Revision, Clinical Modification.

    (b) Furnish, through the use of qualified personnel, psychological 

services, social work services, psychiatric nursing, occupational 

therapy, and recreational therapy.

    (c) Maintain medical records that permit determination of the degree 

and intensity of the treatment provided to individuals who are furnished 

services in the unit, and that meet the following requirements:

    (1) Development of assessment/diagnostic data. Medical records must 

stress the psychiatric components of the record, including history of 

findings and treatment provided for the psychiatric condition for which 

the inpatient is treated in the unit.

    (i) The identification data must include the inpatient's legal 

status.

    (ii) A provisional or admitting diagnosis must be made on every 

inpatient at the time of admission, and must include the diagnoses of 

intercurrent diseases as well as the psychiatric diagnoses.

    (iii) The reasons for admission must be clearly documented as stated 

by the inpatient or others significantly involved, or both.

    (iv) The social service records, including reports of interviews 

with inpatients, family members, and others must provide an assessment 

of home plans and family attitudes, and community resource contacts as 

well as a social history.

    (v) When indicated, a complete neurological examination must be 

recorded at the time of the admission physical examination.

    (2) Psychiatric evaluation. Each inpatient must receive a 

psychiatric evaluation that must--

    (i) Be completed within 60 hours of admission;

    (ii) Include a medical history;

    (iii) Contain a record of mental status;

    (iv) Note the onset of illness and the circumstances leading to 

admission;

    (v) Describe attitudes and behavior;

    (vi) Estimate intellectual functioning, memory functioning, and 

orientation; and

    (vii) Include an inventory of the inpatient's assets in descriptive, 

not interpretative fashion.

    (3) Treatment plan.

    (i) Each inpatient must have an individual comprehensive treatment 

plan that must be based on an inventory of the inpatient's strengths and 

disabilities. The written plan must include a substantiated diagnosis; 

short-term



[[Page 474]]



and long-term goals; the specific treatment modalities utilized; the 

responsibilities of each member of the treatment team; and adequate 

documentation to justify the diagnosis and the treatment and 

rehabilitation activities carried out; and

    (ii) The treatment received by the inpatient must be documented in 

such a way as to assure that all active therapeutic efforts are 

included.

    (4) Recording progress. Progress notes must be recorded by the 

doctor of medicine or osteopathy responsible for the care of the 

inpatient, a nurse, social worker and, when appropriate, others 

significantly involved in active treatment modalities. The frequency of 

progress notes is determined by the condition of the inpatient but must 

be recorded at least weekly for the first two months and at least once a 

month thereafter and must contain recommendations for revisions in the 

treatment plan as indicated as well as precise assessment of the 

inpatient's progress in accordance with the original or revised 

treatment plan.

    (5) Discharge planning and discharge summary. The record of each 

patient who has been discharged must have a discharge summary that 

includes a recapitulation of the inpatient's hospitalization in the unit 

and recommendations from appropriate services concerning follow-up or 

aftercare as well as a brief summary of the patient's condition on 

discharge.

    (d) Meet special staff requirements in that the unit must have 

adequate numbers of qualified professional and supportive staff to 

evaluate inpatients, formulate written, individualized, comprehensive 

treatment plans, provide active treatment measures and engage in 

discharge planning, as follows:

    (1) Personnel. The unit must employ or undertake to provide adequate 

numbers of qualified professional, technical, and consultative personnel 

to--

    (i) Evaluate inpatients;

    (ii) Formulate written, individualized, comprehensive treatment 

plans;

    (iii) Provide active treatment measures; and

    (iv) Engage in discharge planning.

    (2) Director of inpatient psychiatric services: Medical staff. 

Inpatient psychiatric services must be under the supervision of a 

clinical director, service chief, or equivalent who is qualified to 

provide the leadership required for an intensive treatment program. The 

number and qualifications of doctors of medicine and osteopathy must be 

adequate to provide essential psychiatric services.

    (i) The clinical director, service chief, or equivalent must meet 

the training and experience requirements for examination by the American 

Board of Psychiatry and Neurology or the American Osteopathic Board of 

Neurology and Psychiatry.

    (ii) The director must monitor and evaluate the quality and 

appropriateness of services and treatment provided by the medical staff.

    (3) Nursing services. The unit must have a qualified director of 

psychiatric nursing services. In addition to the director of nursing, 

there must be adequate numbers of registered nurses, licensed practical 

nurses, and mental health workers to provide nursing care necessary 

under each inpatient's active treatment program and to maintain progress 

notes on each inpatient.

    (i) The director of psychiatric nursing services must be a 

registered nurse who has a master's degree in psychiatric or mental 

health nursing, or its equivalent, from a school of nursing accredited 

by the National League for Nursing, or be qualified by education and 

experience in the care of the mentally ill. The director must 

demonstrate competence to participate in interdisciplinary formulation 

of individual treatment plans; to give skilled nursing care and therapy; 

and to direct, monitor, and evaluate the nursing care furnished.

    (ii) The staffing pattern must ensure the availability of a 

registered nurse 24 hours each day. There must be adequate numbers of 

registered nurses, licensed practical nurses, and mental health workers 

to provide the nursing care necessary under each inpatient's active 

treatment program.

    (4) Psychological services. The unit must provide or have available 

psychological services to meet the needs of the inpatients. The services 

must be



[[Page 475]]



furnished in accordance with acceptable standards of practice, service 

objectives, and established policies and procedures.

    (5) Social services. There must be a director of social services who 

monitors and evaluates the quality and appropriateness of social 

services furnished. The services must be furnished in accordance with 

accepted standards of practice and established policies and procedures. 

Social service staff responsibilities must include, but are not limited 

to, participating in discharge planning, arranging for follow-up care, 

and developing mechanisms for exchange of appropriate information with 

sources outside the hospital.

    (6) Therapeutic activities. The unit must provide a therapeutic 

activities program.

    (i) The program must be appropriate to the needs and interests of 

inpatients and be directed toward restoring and maintaining optimal 

levels of physical and psychosocial functioning.

    (ii) The number of qualified therapists, support personnel, and 

consultants must be adequate to provide comprehensive therapeutic 

activities consistent with each inpatient's active treatment program.



[50 FR 12741, Mar. 29, 1985, as amended at 57 FR 39820, Sept. 1, 1992; 

59 FR 45397, 45400, Sept. 1, 1994; 69 FR 66976, Nov. 15, 2004]