Confidentiality Safeguards

Confidentiality Safeguards A. The Division of Medicaid’s Pre-Admission Screening and Resident Review (PASRR) Level II Contractor is responsible for notifying the person and the person’s legal and/or designated representative in writing that the person is suspected of having a mental illness (MI), an intellectual disability/developmental disability (ID/DD) and/or a related condition (RC), and that a PASRR Level II is required. B. The Division of Medicaid’s PASRR Level II Contractor must involve the person being evaluated and include the person’s legal and/or designated representative, along with the person’s family, if possible. 1. The person and the person’s legal and/or designated representative must agree to family participation. 2. If the legal and/or designated representative is not able to attend the PASRR Level II, he or she may give consent for the PASRR Level II to proceed without his or her presence. C. The Division of Medicaid’s PASRR Level II Contractor must ensure all notices are adapted to the cultural background, language, ethnic origin and means of communication used by the person being evaluated and must interpret and explain the results of the PASRR Level II to the person and legal and/or designated representative. D. Interdisciplinary coordination must occur and be documented when more than one (1) evaluator performs any portion of the PASRR Level II Evaluation. E. The gathering of information necessary for determining whether it is appropriate for the person with MI, ID/DD and/or a RC to be placed in a NF or in another appropriate setting must occur throughout all applicable portions of the PASRR Level II process. 1. All information must be considered and recommendations must be based upon a comprehensive analysis of all data concerning the person. 2. Evaluators are allowed to use available data, obtained prior to initiation of the PASRR process, as long as the available data is considered valid, accurate, and appears to reflect the current functional status of the person. 3. To supplement and verify that the existing data is current and accurate, it may be necessary for the Division of Medicaid’s PASRR Level II Contractor or the Department of Mental Health’s (DMH’s) Regional Center IDD Program to gather additional information to assess proper placement and treatment. 4. Information is only allowed to be obtained and/or released with properly executed consents. F. In accordance with State Law, all Appropriateness Review Committee (ARC) PASRR Level II determinations must be maintained by the PASRR State Coordinator’s Office. 1. All PASRR Level II determinations, and any relevant information, must be placed and remain in the person’s active medical chart at the NF they are admitted to and maintained in accordance with State Law. 2. The recommendations in the PASRR Level II Summary of Findings Report must be addressed in the NF plan of care. 3. The PASRR Level II determinations, and any relevant information, must be sent to any new NF if the person transfers to another NF.