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<regulation prefix="Regulation" num=".14" citation="COMAR 10.07.02.14" title_num="10" subtitle_num="07" chapter_num="02" heading="Physician Services.">
  <paragraph num="A.">
    <text>Responsibility for the Resident's Care. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Assess a new admission in a timely manner, based on a facility-developed protocol, depending on:</text>
      <paragraph num="(a)">
        <text>The individual's medical stability;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recent and previous medical history;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Presence of significant or previously unidentified medical conditions; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Problems that cannot be handled readily by phone;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Seek, provide, and analyze needed information regarding a resident's current status, recent history, and medications and treatments, to enable safe, effective continuing care and appropriate regulatory compliance;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Provide appropriate information and documentation to support a facility-determined level of care for a new admission;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Provide for the authorization of admission orders in a timely manner, based on a facility-developed protocol, to enable the nursing facility to provide safe, appropriate, and timely care; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>For a resident who is to be transferred to the care of another attending physician, continue to provide all necessary medical care and services pending transfer until another attending physician has accepted responsibility for the resident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Support Resident Discharges and Transfers. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Follow-up as needed with a physician or another health care practitioner at a receiving hospital within 24 hours of the transfer of an acutely ill or unstable resident;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide whatever summary or documentation may be needed at the time of transfer to enable care continuity at a receiving facility and to allow the nursing facility to meet its legal, regulatory, and clinical responsibilities for a discharged individual; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Provide a pertinent medical discharge summary within 30 days of discharge or transfer of the resident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Periodic, Pertinent On-site Visits to Residents. The attending physician or licensed or certified professional health care practitioner shall:</text>
    <paragraph num="(1)">
      <text>Visit a resident as frequently as the resident's condition requires, consistent with reasonable facility policies;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Determine the progress of each resident's condition at the time of a visit by evaluating the resident, talking with staff as needed, and reviewing relevant information, as needed;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Review and respond to issues requiring a physician's expertise, including:</text>
      <paragraph num="(a)">
        <text>The resident's current condition;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The status of any acute episodes of illness since the last visit;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Test results;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Other actual or high-risk potential medical problems that may affect the individual's functional, physical, or cognitive status; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Staff, resident, or family questions regarding the individual's care and treatments; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>At each visit, provide a legible progress note in a timely manner for placement on the chart, which includes relevant information about significant ongoing, active, or potential problems, including:</text>
      <paragraph num="(a)">
        <text>Reasons for changing or maintaining current treatments or medications; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A plan to address relevant medical issues.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Timeliness of Visits and Progress Notes.</text>
    <paragraph num="(1)">
      <text>Within 30 days of admission, a physician shall visit a resident, assess the resident's needs, and prescribe a regimen of medical care. After that, a physician, nurse practitioner, or physician assistant shall visit a resident every 30 days, except that a physician shall visit a resident at least every 120 days.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The timeliness of visits shall be based on a facility-developed protocol, depending on:</text>
      <paragraph num="(a)">
        <text>The resident's medical stability;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recent and previous medical history;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The presence of significant or previously unidentified medical conditions; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Problems that cannot be handled readily by phone.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The physician or licensed or certified professional health care practitioner shall maintain progress notes and make appropriate revisions to the resident's total program of care. The progress notes and revisions to the program of care shall cover, at a minimum, prognosis and changes in rehabilitation and other appropriate goals. The physician shall review and approve each program of care.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Alternate Schedule. If the physician determines that the resident's condition requires less frequent visits than described in §D of this regulation, the physician may order an alternate schedule in the resident's medical record. An alternate schedule may not be ordered for the resident's first 90 days of stay. The alternate schedule may not exceed 60 days between visits. If there is no alternate schedule approved by the physician, visits may not exceed 30-day intervals.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Adequate Ongoing Coverage. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Designate an alternate physician or physicians who shall respond in an appropriate, timely manner if the attending physician is unavailable;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Update the facility about the attending physician's current office address, phone, fax, and pager numbers to enable appropriate, timely communications, as well as the current office address, phone, fax, and pager numbers of designated alternate physicians;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Help ensure that alternate physicians provide adequate, timely support while covering and intervene with alternate physicians when informed of problems regarding coverage; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Adequately inform alternate physicians about residents with active acute conditions or potential problems that may need medical follow-up during their on-call time.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Appropriate Care of Residents. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Perform accurate, timely, and relevant medical assessments;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Properly define and describe resident symptoms and problems, clarify and verify diagnoses, relate diagnoses to resident problems, and help establish a realistic prognosis and care goals;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In consultation with the facility's staff:</text>
      <paragraph num="(a)">
        <text>Determine appropriate services and programs for a resident, consistent with diagnoses, condition, prognosis, and resident wishes;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ensure that treatments are medically necessary and appropriate in accordance with nursing facility regulatory requirements; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Manage and document ethics issues consistent with relevant laws and regulations and with residents' wishes, including advising residents and families about formulating advance directives or other care instructions and helping identify individuals for whom aggressive medical interventions may not be indicated;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Respond in an appropriate time frame, based on a facility-developed protocol, to emergency and routine notification, to enable the facility to meet its clinical and regulatory obligations;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Respond to notification of laboratory and other diagnostic test results in a timely manner, based on the resident's condition and clinical significance of the results;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Analyze the significance of abnormal test results that may reflect important changes in the resident's status and explain the medical rationale for interventions or decisions not to intervene based on those results;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Respond promptly to notification of, and assess and manage adequately, reported acute and other significant clinical condition changes in residents;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Ensure that individuals receiving palliative care have appropriate comfort and supportive care measures; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Properly refer residents to specialty services and providers when the care needs of the resident exceed the scope of the attending physician’s knowledge and skill.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Appropriate, Timely Medical Orders. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Provide timely medical orders based on an appropriate resident assessment, review of relevant pre-admission and post-admission information, and age-related and other pertinent risks of various medications and treatments;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide sufficiently clear, legible written medication orders to avoid misinterpretation and potential medication errors, including:</text>
      <paragraph num="(a)">
        <text>Medication strength and formulation, if alternate forms are available;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Route of administration;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Frequency and, if applicable, timing of administration; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Reason for which the medication is being given; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Institute safeguards to ensure the accuracy of verbal orders at the time the verbal orders are given and cosign the verbal orders in a timely fashion, but not later than the next visit to the resident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Appropriate, Timely, and Pertinent Documentation. The attending physician shall:</text>
    <paragraph num="(1)">
      <text>Provide documentation required to explain medical decisions, that promote effective care and allow a nursing facility to comply with relevant legal and regulatory requirements; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complete death certificates in a timely fashion, including all information required of a physician.</text>
    </paragraph>
  </paragraph>
</regulation>