Section 17-1737-33 - Preadmission screening and resident review (PASRR) The state PASRR program shall require that:
(1) NFs shall not admit, on or after January 1, 1989, any new resident with: (A) "Mental illness" as defined in section 17-1737-27 unless the state mental health authority has determined, based on an independent physical and mental evaluation performed by a person or entity other than the state mental health authority, prior to admission, whether: (i) Because of the physical and mental condition of the individual, the individual requires the level of services provided by a NF; and(ii) If the individual requires such level of services, the individual requires active treatment for mental illness; or(B) "Mental retardation" or "persons with related conditions" as defined in section 17-1737-27 unless the state mental retardation/developmental disability authority has determined prior to admission whether: (i) Because of the physical and mental condition of the individual, the individual requires the level of services provided by a NF; and(ii) If the individual requires such level of services, the individual requires active treatment for mental retardation;(2) For those residents who entered the NF prior to January 1, 1989, and were identified with a diagnosis of: (A) "Mental illness" as defined in section 17-1737-27, the state mental health authority shall determine whether, because of the resident's physical and mental condition, the resident requires: (i) The level of services provided by a NF; and(ii) Active treatment for mental illness; or(B) "Mental retardation" or identified as "persons with related conditions" as defined in section 17-1737-27, the state mental retardation/developmental disability authority shall determine whether because of the resident's physical and mental condition, the resident requires: (i) The level of services provided by a NF; and(ii) Specialized services for mental retardation or related conditions in an ICF-MR;(3) The nursing facility shall notify the State mental health authority or the State mental retardation or developmental disabilities authority within twenty-one days after a significant change in the physical or mental condition of a resident who meets criteria for mental illness or mental retardation. For an individual with mental illness, if their condition worsens notification must be made to the State mental health authority within twenty-one days. For individuals with mental retardation, if their condition improves where the individual may benefit from specialized services, notification to the State mental retardation or developmental disabilities authority must be made within twenty-one days. Haw. Code R. § 17-1737-33
[Eff 08/01/94; am 08/25/07 ] (Auth: HRS § 346-14; 42 C.F.R. §§430.10, 431.10; Pub. L. No. 100-203) (Imp: Pub. L. No. 100-203; 42 C.F.R. §483.20)