ACC Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: An activity consultant suspects a resident is being financially exploited by a family member. What is the legally required action in most U.S. states?
- Document the suspicion and monitor for further evidence
- Immediately report to Adult Protective Services as a mandated reporter (Correct answer)
- Notify the resident's primary care physician first
- Consult the facility attorney before taking any action
Correct answer: Immediately report to Adult Protective Services as a mandated reporter
Activity professionals are typically mandated reporters required by state law to report suspected abuse, neglect, or exploitation to Adult Protective Services.
Question 2: Which accreditation organization surveys long-term care facilities and has standards that complement but may exceed CMS regulatory requirements for activity programming?
- The Joint Commission (TJC) (Correct answer)
- The National Recreation and Park Association (NRPA)
- The Centers for Disease Control (CDC)
- The American Health Care Association (AHCA)
Correct answer: The Joint Commission (TJC)
The Joint Commission accredits healthcare organizations and may set activity-related standards that go beyond minimum CMS requirements.
Question 3: A resident with dementia lacks decision-making capacity. Who legally has authority to consent to the resident's participation in a research study conducted at the facility?
- The activity director, because programming decisions fall under their purview
- The legally authorized representative or healthcare proxy (Correct answer)
- The attending physician alone
- Any family member who visits the resident regularly
Correct answer: The legally authorized representative or healthcare proxy
When a resident lacks capacity, the legally authorized representative or healthcare proxy must provide informed consent for research participation.
Question 4: Which provision under CMS F-tags specifically addresses the individualized nature of activity programming in nursing facilities?
- F600 - Abuse/Neglect
- F679 - Activities Meet Interests/Needs of Each Resident (Correct answer)
- F550 - Resident Rights
- F756 - Pharmacy Services
Correct answer: F679 - Activities Meet Interests/Needs of Each Resident
F679 requires that activity programs be based on individual assessments and meet the unique interests and needs of each resident.
Question 5: What is the primary purpose of the Activity Section of the MDS 3.0 (Section F)?
- To document staff hours spent on activity programming
- To capture resident preferences for daily routines and activities to guide care planning (Correct answer)
- To record attendance percentages for survey purposes
- To classify residents into reimbursement categories
Correct answer: To capture resident preferences for daily routines and activities to guide care planning
Section F of the MDS 3.0 gathers information about resident preferences for daily routines and activity engagement to inform individualized care planning.
Question 6: Under HIPAA's minimum necessary standard, how should an activity consultant handle resident health information when coordinating with a community volunteer group?
- Share full medical histories so volunteers are fully informed
- Disclose only the information volunteers need to safely lead the specific activity (Correct answer)
- Require volunteers to sign business associate agreements before any contact with residents
- No health information may ever be shared with volunteers under any circumstances
Correct answer: Disclose only the information volunteers need to safely lead the specific activity
HIPAA's minimum necessary standard requires sharing only the health information needed for the specific purpose, not entire medical records.
Question 7: Which federal law requires that long-term care facilities receiving Medicare/Medicaid funds provide an environment free from abuse, neglect, and misappropriation of resident property?
- The Americans with Disabilities Act
- The Older Americans Act
- The Nursing Home Reform Act (OBRA '87) (Correct answer)
- The Patient Self-Determination Act
Correct answer: The Nursing Home Reform Act (OBRA '87)
OBRA '87's Nursing Home Reform Act established comprehensive rights for nursing facility residents, including protection from all forms of abuse and neglect.
ACC Regulatory Compliance & Legal Framework 3
An activity consultant suspects a resident is being financially exploited by a family member.
What is the legally required action in most U.S. states?