42 CFR §483.40

Behavioral health services.

Each resident must receive and the facility must provide the necessary behavioral health care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. Behavioral health encompasses a resident's whole emotional and mental well-being, which includes, but is not limited to, the prevention and treatment of mental and substance use disorders.

(a) The facility must have sufficient staff who provide direct services to residents with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care and considering the number, acuity and diagnoses of the facility's resident population in accordance with § 483.71. These competencies and skills sets include, but are not limited to, knowledge of and appropriate training and supervision for:

(1) Caring for residents with mental and psychosocial disorders, as well as residents with a history of trauma and/or post-traumatic stress disorder, that have been identified in the facility assessment conducted pursuant to § 483.71; and

(2) Implementing non-pharmacological interventions.

(b) Based on the comprehensive assessment of a resident, the facility must ensure that—

(1) A resident who displays or is diagnosed with mental disorder or psychosocial adjustment difficulty, or who has a history of trauma and/or post-traumatic stress disorder, receives appropriate treatment and services to correct the assessed problem or to attain the highest practicable mental and psychosocial well-being;

(2) A resident whose assessment did not reveal or who does not have a diagnosis of a mental or psychosocial adjustment difficulty or a documented history of trauma and/or post-traumatic stress disorder does not display a pattern of decreased social interaction and/or increased withdrawn, angry, or depressive behaviors, unless the resident's clinical condition demonstrates that development of such a pattern was unavoidable; and

(3) A resident who displays or is diagnosed with dementia, receives the appropriate treatment and services to attain or maintain his or her highest practicable physical, mental, and psychosocial well-being.

(c) If rehabilitative services such as but not limited to physical therapy, speech-language pathology, occupational therapy, and rehabilitative services for mental disorders and intellectual disability, are required in the resident's comprehensive plan of care, the facility must—

(1) Provide the required services, including specialized rehabilitation services as required in § 483.65; or

(2) Obtain the required services from an outside resource (in accordance with § 483.70(f)) from a Medicare and/or Medicaid provider of specialized rehabilitative services.

(d) The facility must provide medically-related social services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident.

Extracted obligations

Staff competencies and skill sets must include knowledge of and appropriate training and supervision for implementing non-pharmacological interventions. · staff training · 98%
The facility must provide each resident with the necessary behavioral health care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. · behavioral health services · 99%
The facility must have sufficient staff who provide direct services to residents with the appropriate competencies and skill sets to provide nursing and related services, assuring resident safety and the highest practicable physical, mental, and psychosocial well-being, considering the number, acuity, and diagnoses of the resident population. · staffing · 99%
Staff competencies and skill sets must include knowledge of and appropriate training and supervision for caring for residents with mental and psychosocial disorders, as well as residents with a history of trauma and/or post-traumatic stress disorder, as identified in the facility assessment. · staff training · 98%
Based on the comprehensive assessment, the facility must ensure that a resident who displays or is diagnosed with a mental disorder or psychosocial adjustment difficulty, or who has a history of trauma and/or post-traumatic stress disorder, receives appropriate treatment and services to correct the assessed problem or attain the highest practicable mental and psychosocial well-being. · behavioral health services · 99%
Based on the comprehensive assessment, the facility must ensure that a resident whose assessment did not reveal a mental or psychosocial adjustment difficulty or history of trauma and/or PTSD does not display a pattern of decreased social interaction and/or increased withdrawn, angry, or depressive behaviors, unless the resident's clinical condition demonstrates such a pattern was unavoidable. · behavioral health services · 97%
Based on the comprehensive assessment, the facility must ensure that a resident who displays or is diagnosed with dementia receives appropriate treatment and services to attain or maintain his or her highest practicable physical, mental, and psychosocial well-being. · behavioral health services · 99%
If rehabilitative services (including physical therapy, speech-language pathology, occupational therapy, and rehabilitative services for mental disorders and intellectual disability) are required in the resident's comprehensive plan of care, the facility must either provide those services directly (including specialized rehabilitation services as required in §483.65) or obtain them from an outside Medicare and/or Medicaid provider of specialized rehabilitative services. · rehabilitative services · 99%
The facility must provide medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. · social services · 99%

Source: eCFR 2024-12-31 · hash sha256:59b0613f71c13625bad3079dd63048731b6027f6e5fb95531792a05b423a943c