ACC Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under OBRA '87, what is the minimum frequency for conducting resident assessments using the MDS in a long-term care facility?
- Annually only
- Upon admission and annually thereafter, plus significant change (Correct answer)
- Every 6 months regardless of condition
- Only when a resident requests reassessment
Correct answer: Upon admission and annually thereafter, plus significant change
OBRA '87 requires MDS assessments upon admission, annually, and whenever a significant change in condition occurs.
Question 2: Which federal law specifically prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance?
- Title II of the ADA
- Section 504 of the Rehabilitation Act of 1973 (Correct answer)
- The Fair Housing Act
- The Civil Rights Act of 1964
Correct answer: Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in federally funded programs.
Question 3: A resident's family member demands to see another resident's activity attendance records. What is the activity consultant's correct response?
- Provide the records immediately as family oversight is permitted
- Refuse and explain that HIPAA protects each resident's health information from third parties (Correct answer)
- Forward the request to the social worker only
- Share only aggregate attendance data without names
Correct answer: Refuse and explain that HIPAA protects each resident's health information from third parties
HIPAA protects individually identifiable health information, and a resident's records cannot be shared with unrelated third parties without authorization.
Question 4: Which section of the Code of Federal Regulations (CFR) primarily governs activity requirements for Medicare- and Medicaid-certified nursing facilities?
- 42 CFR Part 482
- 42 CFR Part 483 (Correct answer)
- 45 CFR Part 164
- 42 CFR Part 488
Correct answer: 42 CFR Part 483
42 CFR Part 483 contains the Requirements for States and Long Term Care Facilities, including activity program standards.
Question 5: What does the term 'least restrictive environment' mean in the context of activity programming for individuals with cognitive impairments?
- Activities should be held outdoors whenever possible
- Residents should participate in the setting that maximizes independence and integration with others (Correct answer)
- Physical restraints must never be used during activities
- Activity rooms must have no locked doors
Correct answer: Residents should participate in the setting that maximizes independence and integration with others
Least restrictive environment means providing care and programming in the setting that best supports independence and community integration.
Question 6: Under state survey processes, which document is the activity consultant most likely to be asked to produce first during an inspection?
- Staff training certificates
- The activity program policy and procedure manual (Correct answer)
- Resident council meeting minutes
- Budget spreadsheets for the department
Correct answer: The activity program policy and procedure manual
Surveyors typically begin by reviewing the facility's activity policy and procedure manual to assess whether programs meet regulatory standards.
Question 7: The Nursing Home Reform Act (part of OBRA '87) established which core right related to activity participation?
- Mandatory participation in at least two activities per week
- The right to refuse to participate in any activity (Correct answer)
- Facility authority to assign residents to specific activity groups
- Family approval required before resident attends off-campus activities
Correct answer: The right to refuse to participate in any activity
OBRA '87 established that residents have the right to refuse participation in any activity without penalty.
ACC Regulatory Compliance & Legal Framework 2
Under OBRA '87, what is the minimum frequency for conducting resident assessments using the MDS in a long-term care facility?