A skilled nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.
A skilled nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a physician designated by the facility, and at least 3 other members of the facility's staff, which (i) meets at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary and (ii) develops and implements appropriate plans of action to correct identified quality deficiencies. A State or the Secretary may not require disclosure of the records of such committee except insofar as such disclosure is related to the compliance of such committee with the requirements of this subparagraph.
The skilled nursing facility must examine each resident no less frequently than once every 3 months and, as appropriate, revise the resident's assessment to assure the continuing accuracy of the assessment.
Except as provided in clause (ii), a skilled nursing facility must provide 24-hour licensed nursing service which is sufficient to meet nursing needs of its residents and must use the services of a registered professional nurse at least 8 consecutive hours a day, 7 days a week.
A skilled nursing facility must provide, for individuals used as a nurse aide 2 by the facility as of January 1, 1990, for a competency evaluation program approved by the State under subsection (e)(1) and such preparation as may be necessary for the individual to complete such a program by October 1, 1990.
The skilled nursing facility must not permit an individual, other than in a training and competency evaluation program approved by the State, to serve as a nurse aide or provide services of a type for which the individual has not demonstrated competency and must not use such an individual as a nurse aide unless the facility has inquired of any State registry established under subsection (e)(2)(A) that the facility believes will include information concerning the individual.
For purposes of subparagraph (A), if, since an individual's most recent completion of a training and competency evaluation program, there has been a continuous period of 24 consecutive months during none of which the individual performed nursing or nursing-related services for monetary compensation, such individual shall complete a new training and competency evaluation program or a new competency evaluation program.
The skilled nursing facility must provide such regular performance review and regular in-service education as assures that individuals used as nurse aides are competent to perform services as nurse aides, including training for individuals providing nursing and nursing-related services to residents with cognitive impairments.
In this paragraph, the term "licensed health professional" means a physician, physician assistant, nurse practitioner, physical, speech, or occupational therapist, physical or occupational therapy assistant, registered professional nurse, licensed practical nurse, licensed or certified social worker, registered respiratory therapist, or certified respiratory therapy technician.
(C) maintain clinical records on all residents, which records include the plans of care (described in paragraph (2)) and the residents' assessments (described in paragraph (3)).
In the case of a skilled nursing facility with more than 120 beds, the facility must have at least one social worker (with at least a bachelor's degree in social work or similar professional qualifications) employed full-time to provide or assure the provision of social services.
A skilled nursing facility shall post daily for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care in the facility. The information shall be displayed in a uniform manner (as specified by the Secretary) and in a clearly visible place.
A skilled nursing facility shall, upon request, make available to the public the nursing staff data described in subparagraph (A).
The right to refuse a transfer to another room within the facility, if a purpose of the transfer is to relocate the resident from a portion of the facility that is a skilled nursing facility (for purposes of this subchapter) to a portion of the facility that is not such a skilled nursing facility.
Clause (iii) shall not be construed as requiring the provision of a private room. A resident's exercise of a right to refuse transfer under clause (x) shall not affect the resident's eligibility or entitlement to benefits under this subchapter or to medical assistance under subchapter XIX of this chapter.
(iii) inform each other resident, in writing before or at the time of admission and periodically during the resident's stay, of services available in the facility and of related charges for such services, including any charges for services not covered under this subchapter or by the facility's basic per diem charge.
Psychopharmacologic drugs may be administered only on the orders of a physician and only as part of a plan (included in the written plan of care described in paragraph (2)) designed to eliminate or modify the symptoms for which the drugs are prescribed and only if, at least annually, an independent, external consultant reviews the appropriateness of the drug plan of each resident receiving such drugs. In determining whether such a consultant is qualified to conduct reviews under the preceding sentence, the Secretary shall take into account the needs of nursing facilities under this subchapter to have access to the services of such a consultant on a timely basis.
A skilled nursing facility must comply with the requirement of section 1395cc(f) of this title (relating to maintaining written policies and procedures respecting advance directives).
In each of the cases described in clauses (i) through (v), the basis for the transfer or discharge must be documented in the resident's clinical record. In the cases described in clauses (i) and (ii), the documentation must be made by the resident's physician, and in the cases described in clauses (iii) and (iv) the documentation must be made by a physician.
(II) the name, mailing address, and telephone number of the State long-term care ombudsman (established under title III or VII of the Older Americans Act of 1965 [42 U.S.C. 3021 et seq., 3058 et seq.] in accordance with section 712 of the Act [42 U.S.C. 3058g]).
A skilled nursing facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
A skilled nursing facility must establish and maintain identical policies and practices regarding transfer, discharge, and covered services under this subchapter for all individuals regardless of source of payment.
Subparagraph (A) shall not be construed as preventing States or political subdivisions therein from prohibiting, under State or local law, the discrimination against individuals who are entitled to medical assistance under this subchapter with respect to admissions practices of skilled nursing facilities.
The facility must deposit any amount of personal funds in excess of $100 with respect to a resident in an interest bearing account (or accounts) that is separate from any of the facility's operating accounts and credits 3 all interest earned on such separate account to such account. With respect to any other personal funds, the facility must maintain such funds in a non-interest bearing account or petty cash fund.
The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under this subchapter or subchapter XIX.
A skilled nursing facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (consistent with requirements established under subsection (f)(5)).
the skilled nursing facility must provide notice to the State agency responsible for the licensing of the facility, at the time of the change, of the change and of the identity of each new person, company, or individual described in the respective clause.
The administrator of a skilled nursing facility must meet standards established by the Secretary under subsection (f)(4).
A skilled nursing facility must be licensed under applicable State and local law.
A skilled nursing facility must operate and provide services in compliance with all applicable Federal, State, and local laws and regulations (including the requirements of section 1320a–3 of this title) and with accepted professional standards and principles which apply to professionals providing services in such a facility.
A skilled nursing facility must meet such other requirements relating to the health, safety, and well-being of residents or relating to the physical facilities thereof as the Secretary may find necessary.
The registry under subparagraph (A) shall provide (in accordance with regulations of the Secretary) for the inclusion of specific documented findings by a State under subsection (g)(1)(C) of resident neglect or abuse or misappropriation of resident property involving an individual listed in the registry, as well as any brief statement of the individual disputing the findings, but shall not include any allegations of resident abuse or neglect or misappropriation of resident property that are not specifically documented by the State under such subsection. The State shall make available to the public information in the registry. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any such statement in the registry relating to the finding or a clear and accurate summary of such a statement.
The State, for transfers and discharges from skilled nursing facilities effected on or after October 1, 1989, must provide for a fair mechanism for hearing appeals on transfers and discharges of residents of such facilities. Such mechanism must meet the guidelines established by the Secretary under subsection (f)(3); but the failure of the Secretary to establish such guidelines shall not relieve any State of its responsibility to provide for such a fair mechanism.
By not later than January 1, 1990, the State must have implemented and enforced the skilled nursing facility administrator standards developed under subsection (f)(4) respecting the qualification of administrators of skilled nursing facilities.
It is the duty and responsibility of the Secretary to assure that requirements which govern the provision of care in skilled nursing facilities under this subchapter, and the enforcement of such requirements, are adequate to protect the health, safety, welfare, and rights of residents and to promote the effective and efficient use of public moneys.
(III) in the case of a nurse aide not described in subclause (II) who is employed by (or who has received an offer of employment from) a facility not later than 12 months after completing either such program, the State shall provide for the reimbursement of costs incurred in completing such program on a prorata 6 basis during the period in which the nurse aide is so employed.
(II) offered by or in a skilled nursing facility unless the State makes the determination, upon an individual's completion of the program, that the individual is competent to provide nursing and nursing-related services in skilled nursing facilities.
For purposes of subsections (c)(2)(B)(iii)(I) and (e)(3), by not later than October 1, 1988, the Secretary shall establish guidelines for minimum standards which State appeals processes under subsection (e)(3) must meet to provide a fair mechanism for hearing appeals on transfers and discharges of residents from skilled nursing facilities.
For purposes of subsections (d)(1)(C) and (e)(4), the Secretary shall develop, by not later than March 1, 1989, standards to be applied in assuring the qualifications of administrators of skilled nursing facilities.
Pursuant to the requirement of section 21(b) of the Medicare-Medicaid Anti-Fraud and Abuse Amendments of 1977, the Secretary shall issue regulations, on or before the first day of the seventh month to begin after December 22, 1987, that define those costs which may be charged to the personal funds of residents in skilled nursing facilities who are individuals receiving benefits under this part and those costs which are to be included in the reasonable cost (or other payment amount) under this subchapter for extended care services.
If the Secretary does not issue the regulations under subparagraph (A) on or before the date required in such subparagraph, in the case of a resident of a skilled nursing facility who is eligible to receive benefits under this part, the costs which may not be charged to the personal funds of such resident (and for which payment is considered to be made under this subchapter) shall include, at a minimum, the costs for routine personal hygiene items and services furnished by the facility.
The Secretary shall conduct a special focus facility program for enforcement of requirements for skilled nursing facilities that the Secretary has identified as having substantially failed to meet applicable requirement 7 of this chapter.
Under such program the Secretary shall conduct surveys of each facility in the program not less than once every 6 months.
Pursuant to an agreement under section 1395aa of this title, each State shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of skilled nursing facilities (other than facilities of the State) with the requirements of subsections (b), (c), and (d). The Secretary shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of State skilled nursing facilities with the requirements of such subsections.
Each State shall conduct periodic educational programs for the staff and residents (and their representatives) of skilled nursing facilities in order to present current regulations, procedures, and policies under this section.
The State shall provide, through the agency responsible for surveys and certification of nursing facilities under this subsection, for a process for the receipt and timely review and investigation of allegations of neglect and abuse and misappropriation of resident property by a nurse aide of a resident in a nursing facility or by another individual used by the facility in providing services to such a resident. The State shall, after providing the individual involved with a written notice of the allegations (including a statement of the availability of a hearing for the individual to rebut the allegations) and the opportunity for a hearing on the record, make a written finding as to the accuracy of the allegations. If the State finds that a nurse aide has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. If the State finds that any other individual used by the facility has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the appropriate licensure authority. A State shall not make a finding that an individual has neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual.
Each skilled nursing facility shall be subject to a standard survey, to be conducted without any prior notice to the facility. Any individual who notifies (or causes to be notified) a skilled nursing facility of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The provisions of section 1320a–7a of this title (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1320a–7a(a) of this title. The Secretary shall review each State's procedures for the scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves.
Each skilled nursing facility shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this subparagraph. The Statewide average interval between standard surveys of skilled nursing facilities under this subsection shall not exceed 12 months.
If not otherwise conducted under subclause (I), a standard survey (or an abbreviated standard survey) may be conducted within 2 months of any change of ownership, administration, management of a skilled nursing facility, or the director of nursing in order to determine whether the change has resulted in any decline in the quality of care furnished in the facility.
Each skilled nursing facility which is found, under a standard survey, to have provided substandard quality of care shall be subject to an extended survey. Any other facility may, at the Secretary's or State's discretion, be subject to such an extended survey (or a partial extended survey).
Each State and the Secretary shall implement programs to measure and reduce inconsistency in the application of survey results among surveyors.
The Secretary shall conduct onsite surveys of a representative sample of skilled nursing facilities in each State, within 2 months of the date of surveys conducted under paragraph (2) by the State, in a sufficient number to allow inferences about the adequacies of each State's surveys conducted under paragraph (2). In conducting such surveys, the Secretary shall use the same survey protocols as the State is required to use under paragraph (2). If the State has determined that an individual skilled nursing facility meets the requirements of subsections (b), (c), and (d), but the Secretary determines that the facility does not meet such requirements, the Secretary's determination as to the facility's noncompliance with such requirements is binding and supersedes that of the State survey.
With respect to each State, the Secretary shall conduct surveys under subparagraph (A) each year with respect to at least 5 percent of the number of skilled nursing facilities surveyed by the State in the year, but in no case less than 5 skilled nursing facilities in the State.
If the Secretary finds, on the basis of such surveys, that a State has failed to perform surveys as required under paragraph (2) or that a State's survey and certification performance otherwise is not adequate, the Secretary shall provide for an appropriate remedy, which may include the training of survey teams in the State.
Where the Secretary has reason to question the compliance of a skilled nursing facility with any of the requirements of subsections (b), (c), and (d), the Secretary may conduct a survey of the facility and, on the basis of that survey, make independent and binding determinations concerning the extent to which the skilled nursing facility meets such requirements.
Each State shall notify the State long-term care ombudsman (established under title III or VII of the Older Americans Act of 1965 [42 U.S.C. 3021 et seq., 3058 et seq.] in accordance with section 712 of the Act [42 U.S.C. 3058g]) of the State's findings of noncompliance with any of the requirements of subsections (b), (c), and (d), or of any adverse action taken against a skilled nursing facility under paragraph (1), (2), or (4) of subsection (h), with respect to a skilled nursing facility in the State.
In order to improve the timeliness of information made available to the public under subparagraph (A) and provided on the Nursing Home Compare Medicare website under subsection (i), each State shall submit information respecting any survey or certification made respecting a skilled nursing facility (including any enforcement actions taken by the State) to the Secretary not later than the date on which the State sends such information to the facility. The Secretary shall use the information submitted under the preceding sentence to update the information provided on the Nursing Home Compare Medicare website as expeditiously as practicable but not less frequently than quarterly.
Nothing in this subparagraph shall be construed as restricting the remedies available to the Secretary to remedy a skilled nursing facility's deficiencies. If the Secretary finds, or pursuant to the recommendation of the State under paragraph (1) finds, that a skilled nursing facility meets such requirements but, as of a previous period, did not meet such requirements, the Secretary may provide for a civil money penalty under subparagraph (B)(ii) for the days on which he finds that the facility was not in compliance with such requirements.
The Secretary may deny any further payments under this subchapter with respect to all individuals entitled to benefits under this subchapter in the facility or with respect to such individuals admitted to the facility after the effective date of the finding.
If a skilled nursing facility has not complied with any of the requirements of subsections (b), (c), and (d), within 3 months after the date the facility is found to be out of compliance with such requirements, the Secretary shall impose the remedy described in subparagraph (B)(i) for all individuals who are admitted to the facility after such date.
A finding to deny payment under this subsection shall terminate when the Secretary finds that the facility is in substantial compliance with all the requirements of subsections (b), (c), and (d).
If the Secretary finds that a skilled nursing facility has not met a requirement of subsection (b), (c), or (d), and finds that the failure immediately jeopardizes the health or safety of its residents, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in paragraph (2)(B)(iii), or the Secretary, subject to section 1320a–7j(h) of this title, shall terminate the facility's participation under this subchapter. If the facility's participation under this subchapter is terminated, the State shall provide for the safe and orderly transfer of the residents eligible under this subchapter consistent with the requirements of subsection (c)(2) and section 1320a–7j(h) of this title.
The remedies provided under this subsection are in addition to those otherwise available under State or Federal law and shall not be construed as limiting such other remedies, including any remedy available to an individual at common law. The remedies described in clauses (i), (ii)(IV), and (iii) of paragraph (2)(B) may be imposed during the pendency of any hearing.
Notwithstanding any other provision of law, all information concerning skilled nursing facilities required by this section to be filed with the Secretary or a State agency shall be made available by such facilities to Federal or State employees for purposes consistent with the effective administration of programs established under this subchapter and subchapter XIX, including investigations by State medicaid fraud control units.
(III) 8 the number of civil monetary penalties levied against the facility, employees, contractors, and other agents.
The Secretary shall transfer to the Centers for Medicare & Medicaid Services Program Management Account, from the Federal Hospital Insurance Trust Fund under section 1395i of this title a one-time allocation of $11,000,000. The amount shall be available on October 6, 2014. Such sums shall remain available until expended. Such sums shall be used to implement section 1320a–7j(g) of this title.
Where requirements or obligations under this section are identical to those provided under section 1396r of this title, the fulfillment of those requirements or obligations under section 1396r of this title shall be considered to be the fulfillment of the corresponding requirements or obligations under this section.
Pub. L. 111–148, title VI, §6101(c)(1)(A), (2), Mar. 23, 2010, 124 Stat. 702 , provided that, effective on the date on which the Secretary of Health and Human Services makes certain information available to the public, subsection (d)(1) of this section is amended by striking subparagraph (B) and redesignating subparagraph (C) relating to skilled nursing facility administrator as subparagraph (B). See 2010 Amendment note and Effective Date of 2010 Amendment note below.
The Older Americans Act of 1965, referred to in subsecs. (b)(4)(C)(ii)(IV), (c)(2)(B)(iii)(II), and (g)(5)(B), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218 . Section 307(a)(12) of the Act was repealed by Pub. L. 106–501, title III, §306(5), Nov. 13, 2000, 114 Stat. 2244 . Similar provisions are now contained in section 307(a)(9) of the Act, which is classified to section 3027(a)(9) of this title. Titles III and VII of the Act are classified generally to subchapters III (§3021 et seq.) and XI (§3058 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
Subparagraphs (B), (C), and (D) of section 6901(b)(4) of the Omnibus Budget Reconciliation Act of 1989 [Pub. L. 101–239], referred to in subsec. (e)(2)(A), are set out below.
2014-Subsec. (i)(3). Pub. L. 113–185 added par. (3).
2010-Subsec. (b)(5)(F). Pub. L. 111–148, §6121(a)(2), inserted concluding provisions.
Subsec. (d)(1)(B). Pub. L. 111–148, §6101(c)(1)(A), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to required notice to a State licensing agency of change in ownership, control interest, management, or certain positions of responsibility for a skilled nursing facility.
Subsec. (d)(1)(C). Pub. L. 111–148, §6103(c)(1), added subpar. (C). Former subpar. (C) redesignated (B).
Subsec. (f)(2)(A)(i)(I). Pub. L. 111–148, §6121(a)(1), inserted "(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training" after "curriculum".
Subsec. (f)(8). Pub. L. 111–148, §6103(a)(3), added par. (8).
Subsec. (g)(5)(E). Pub. L. 111–148, §6103(a)(2)(A), added subpar. (E).
Subsec. (h)(2)(B)(ii). Pub. L. 111–148, §6111(a)(1), designated existing provisions as subcl. (I), inserted heading, substituted "Subject to subclause (II), the Secretary" for "The Secretary", and added subcls. (II) to (IV).
Subsec. (h)(4). Pub. L. 111–148, §6113(b), substituted "the Secretary, subject to section 1320a–7(h) of this title, shall terminate" for "the Secretary shall terminate" and "subsection (c)(2) and section 1320a–7j(h) of this title" for "subsection (c)(2)".
Subsec. (h)(5). Pub. L. 111–148, §6111(a)(2), inserted "(ii)(IV)," after "(i),".
Subsecs. (i), (j). Pub. L. 111–148, §6103(a)(1), added subsec. (i) and redesignated former subsec. (i) as (j).
2003-Subsec. (b)(4)(C)(i). Pub. L. 108–173, §736(a)(8)(A), substituted "at least" for "at least at least".
Subsec. (d)(1)(A). Pub. L. 108–173, §736(a)(8)(B), substituted "physical, mental" for "physical mental".
Subsec. (f)(2)(B)(iii). Pub. L. 108–173, §932(c)(2)(A), substituted "subparagraphs (C) and (D)" for "subparagraph (C)" in introductory provisions.
Pub. L. 108–173, §736(a)(8)(C), realigned margins of concluding provisions.
2000–Subsec. (b)(8). Pub. L. 106–554 added par. (8).
1997-Subsec. (b)(3)(C)(i). Pub. L. 105–33, §4432(b)(5)(A), substituted "Subject to the timeframes prescribed by the Secretary under section 1395yy(e)(6) of this title, such" for "Such" in introductory provisions.
Subsec. (f)(2)(B)(iii). Pub. L. 105–15, §1(1), inserted "subject to subparagraph (C)," after "(iii)".
Subsec. (g)(1)(D), (E). Pub. L. 105–33, §4755(a), added subpar. (D) and redesignated former subpar. (D) as (E).
1994-Subsec. (b)(3)(C)(i)(I). Pub. L. 103–432, §110(b), substituted "but no later than 14 days" for "but no later than not later than 14 days".
Subsec. (b)(5)(D). Pub. L. 103–432, §106(d)(1), struck out comma before "or a new competency evaluation program".
Subsec. (b)(5)(G). Pub. L. 103–432, §106(d)(2), substituted "licensed or certified social worker, registered respiratory therapist, or certified respiratory therapy technician" for "or licensed or certified social worker".
Subsec. (c)(1)(D). Pub. L. 103–432, §106(c)(2)(A), inserted at end "In determining whether such a consultant is qualified to conduct reviews under the preceding sentence, the Secretary shall take into account the needs of nursing facilities under this subchapter to have access to the services of such a consultant on a timely basis."
Subsec. (c)(6)(B)(i). Pub. L. 103–432, §106(c)(3)(A), substituted "$100" for "$50".
Subsec. (e)(2)(B). Pub. L. 103–432, §106(c)(4)(A), inserted ", but shall not include any allegations of resident abuse or neglect or misappropriation of resident property that are not specifically documented by the State under such subsection" after "individual disputing the findings" in first sentence.
Subsec. (f)(2)(B)(i). Pub. L. 103–432, §106(d)(3), substituted "facilities (subject to clause (iii))," for "facilities,".
Subsec. (f)(2)(B)(iii)(I)(b). Pub. L. 103–432, §106(c)(1)(A), inserted before semicolon at end ", unless the survey shows that the facility is in compliance with the requirements of subsections (b), (c), and (d) of this section".
Subsec. (f)(2)(B)(iii)(I)(c). Pub. L. 103–432, §106(d)(4), substituted "clause" for "clauses" in two places.
Subsec. (g)(1)(C). Pub. L. 103–432, §106(c)(4)(B), substituted second sentence for former second sentence which read as follows: "The State shall, after notice to the individual involved and a reasonable opportunity for a hearing for the individual to rebut allegations, make a finding as to the accuracy of the allegations."
Subsec. (g)(5)(B). Pub. L. 103–432, §106(d)(5), substituted "paragraph" for "paragraphs" before "(1), (2), or (4) of subsection (h)".
1990-Subsec. (b)(1)(B). Pub. L. 101–508, §4008(h)(2)(B), inserted at end "A State or the Secretary may not require disclosure of the records of such committee except insofar as such disclosure is related to the compliance of such committee with the requirements of this subparagraph."
Subsec. (b)(3)(C)(i)(I). Pub. L. 101–508, §4008(h)(2)(C), substituted "not later than 14 days" for "4 days".
Subsec. (b)(4)(A)(vii). Pub. L. 101–508, §4008(h)(2)(D), added cl. (vii).
Subsec. (b)(4)(C)(ii)(IV), (V). Pub. L. 101–508, §4008(h)(2)(E), added subcls. (IV) and (V).
Subsec. (b)(5)(A). Pub. L. 101–508, §4008(h)(1)(B), designated existing provisions as cl. (i), in introductory provisions substituted "Except as provided in clause (ii), a skilled nursing facility" for "A skilled nursing facility" and "on a full-time basis" for "(on a full-time, temporary, per diem, or other basis)", redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).
Subsec. (b)(5)(C). Pub. L. 101–508, §4008(h)(1)(C), substituted "any State registry established under subsection (e)(2)(A) that the facility believes will include information" for "the State registry established under subsection (e)(2)(A) as to information in the registry".
Subsec. (b)(5)(D). Pub. L. 101–508, §4008(h)(1)(D), inserted before period at end ", or a new competency evaluation program" after "and competency evaluation program".
Subsec. (b)(5)(F)(i). Pub. L. 101–508, §4008(h)(2)(F), substituted "(G)) or a registered dietician," for "(G)),".
Subsec. (c)(1)(A). Pub. L. 101–508, §4008(h)(2)(G)(B)[(ii)], inserted at end "A resident's exercise of a right to refuse transfer under clause (x) shall not affect the resident's eligibility or entitlement to benefits under this subchapter or to medical assistance under subchapter XIX of this chapter."
Subsec. (c)(1)(A)(iv). Pub. L. 101–508, §4008(h)(2)(H), inserted before period at end "and to access to current clinical records of the resident upon request by the resident or the resident's legal representative, within 24 hours (excluding hours occurring during a weekend or holiday) after making such a request".
Subsec. (c)(1)(A)(x), (xi). Pub. L. 101–508, §4008(h)(2)(G)(i), added cl. (x) and redesignated former cl. (x) as (xi).
Subsec. (c)(1)(B)(ii). Pub. L. 101–508, §4008(h)(2)(I), inserted "including the notice (if any) of the State developed under section 1396r(e)(6) of this title" after "in such rights)".
Subsec. (c)(1)(E). Pub. L. 101–508, §4206(d)(1), added subpar. (E).
Subsec. (e)(1)(A). Pub. L. 101–508, §4008(h)(2)(J), substituted "subsection (f)(2)" for "clause (i) or (ii) of subsection (f)(2)(A)".
Subsec. (e)(2)(A). Pub. L. 101–508, §4008(h)(2)(K)(i), inserted before period at end ", or any individual described in subsection (f)(2)(B)(ii) or in subparagraph (B), (C), or (D) of section 6901(b)(4) of the Omnibus Budget Reconciliation Act of 1989".
Subsec. (e)(2)(C). Pub. L. 101–508, §4008(h)(2)(K)(ii), added subpar. (C).
Subsec. (f)(2)(A)(ii). Pub. L. 101–508, §4008(m)(3)(F)[(E)], struck out "and" after semicolon at end.
Subsec. (f)(2)(A)(iv). Pub. L. 101–508, §4008(h)(1)(E), struck out "and" at end of subcl. (I), inserted "who is employed by (or who has received an offer of employment from) a facility on the date on which the aide begins either such program" after "nurse aide" and substituted ", and" for period at end of subcl. (II), and added subcl. (III).
Subsec. (f)(2)(B). Pub. L. 101–508, §4008(h)(1)(G), inserted "(through subcontract or otherwise)" after "may not delegate" in second sentence.
Subsec. (f)(2)(B)(iii)(I). Pub. L. 101–508, §4008(h)(1)(F)(i), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "offered by or in a skilled nursing facility which has been determined to be out of compliance with the requirements of subsection (b), (c), or (d) of this section, within the previous 2 years, or".
Subsec. (g)(1)(C). Pub. L. 101–508, §4008(h)(2)(L), inserted at end "A State shall not make a finding that an individual has neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual."
Subsec. (g)(5)(A)(i). Pub. L. 101–508, §4008(h)(2)(M), substituted "deficiencies, within 14 calendar days after such information is made available to those facilities, and approved plans" for "deficiencies and plans".
Subsec. (g)(5)(B). Pub. L. 101–508, §4008(h)(2)(N), substituted "or of any adverse action taken against a skilled nursing facility under paragraphs (1), (2), or (4) of subsection (h), with respect" for "with respect".
Subsec. (h)(2)(C). Pub. L. 101–239, §6901(d)(4)(D), inserted "after the effective date of the findings" after "6 months" in introductory provisions.
1988-Subsec. (b)(3)(A)(iii). Pub. L. 100–360, §411(l)(2)(B), struck out "in the case of a resident eligible for benefits under subchapter XIX of this chapter," before "uses an instrument".
Subsec. (b)(3)(A)(iv). Pub. L. 100–360, §411(l)(2)(A), as amended by Pub. L. 100–485, §608(d)(27)(C), struck out "in the case of a resident eligible for benefits under this part," before "includes the identification".
Subsec. (b)(3)(C)(i)(I). Pub. L. 100–360, §411(l)(1)(A)(i), substituted "than January 1, 1991" for "than October 1, 1990".
Subsec. (b)(4)(C)(i). Pub. L. 100–360, §411(l)(1)(A)(ii), substituted "24-hour licensed nursing" for "24-hour nursing", "must use" for "must employ", and "at least 8 consecutive hours a day," for "during the day tour of duty (of at least 8 hours a day)".
Subsec. (b)(5)(A). Pub. L. 100–360, §411(l)(2)(D)(i), as amended by Pub. L. 100–485, §608(d)(27)(D), struck out ", who is not a licensed health professional (as defined in subparagraph (E))," after "any individual".
Pub. L. 100–360, §411(l)(1)(A)(iii), substituted "January 1, 1990" for "October 1, 1989, (or January 1, 1990, in the case of an individual used by the facility as a nurse aide before July 1, 1989)".
Subsec. (c)(1)(D). Pub. L. 100–360, §411(l)(1)(A)(iv), as added by Pub. L. 100–485, §608(d)(27)(A), added subpar. (D).
Subsec. (c)(2)(A)(v). Pub. L. 100–360, §411(l)(2)(F), substituted "for a stay at the facility" for "an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with this subchapter and subchapter XIX of this chapter".
Subsec. (c)(6). Pub. L. 100–360, §411(l)(2)(G), substituted "upon the written" for "once the facility accepts the written" in subpar. (A)(ii), and "Upon written" for "Upon a facility's acceptance of written" in subpar. (B).
Subsec. (e)(1)(A). Pub. L. 100–360, §411(l)(1)(A)(v), formerly §411(l)(1)(A)(iv), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "January" for "March".
Subsec. (e)(1)(B). Pub. L. 100–360, §411(l)(1)(A)(vi), formerly §411(l)(1)(A)(v), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "January" for "March".
Subsec. (e)(2)(A). Pub. L. 100–360, §411(l)(1)(A)(vii), formerly §411(l)(1)(A)(vi), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "January" for "March".
Subsec. (e)(3). Pub. L. 100–360, §411(l)(2)(I), inserted "and discharges" after "transfers" in heading and in two places in text.
Pub. L. 100–360, §411(l)(1)(A)(viii), formerly §411(l)(1)(A)(vii), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "1989" for "1990".
Subsec. (e)(5). Pub. L. 100–360, §411(l)(1)(A)(ix), formerly §411(l)(1)(A)(viii), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "1990" for "1989" in introductory provisions.
Pub. L. 100–360, §411(l)(1)(A)(x), formerly §411(l)(1)(A)(ix), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "1988" for "1989".
Subsec. (f)(6)(A). Pub. L. 100–360, §411(l)(1)(A)(xi), formerly §411(l)(1)(A)(x), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "January" for "July".
Subsec. (f)(6)(B). Pub. L. 100–360, §411(l)(1)(A)(xii), formerly §411(l)(1)(A)(xi), as redesignated by Pub. L. 100–485, §608(d)(27)(A), substituted "April" for "October".
Subsec. (f)(7)(B). Pub. L. 100–360, §411(l)(2)(L)(i), substituted "shall include" for "shall not include".
Subsec. (g)(1)(C). Pub. L. 100–360, §411(l)(5)(A)–(C), substituted "and timely review" for ", review,", inserted "or by another individual used by the facility in providing services to such a resident" after "a nursing facility", and substituted "The State shall, after notice to the individual involved and a reasonable opportunity for a hearing for the individual to rebut allegations, make a finding as to the accuracy of the allegations. If the State finds that a nurse aide has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. If the State finds that any other individual used by the facility has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the appropriate licensure authority." for "If the State finds, after notice to the nurse aide involved and a reasonable opportunity for a hearing for the nurse aide to rebut allegations, that a nurse aide whose name is contained in a nurse aide registry has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding."
Subsec. (g)(2)(C)(i). Pub. L. 100–360, §411(l)(4), substituted "January" for "October".
Subsec. (h)(2)(B)(ii). Pub. L. 100–360, §411(l)(7)(A), substituted ". The provisions of section 1320a–7a of this title (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1320a–7a(a) of this title." for "and the Secretary shall impose and collect such a penalty in the same manner as civil money penalties are imposed and collected under section 1320a–7a of this title."
Subsec. (h)(5). Pub. L. 100–360, §411(l)(11), as added by Pub. L. 100–485, §608(d)(27)(L), substituted "clauses (i), and (iii) of paragraph (2)(B)" for "clauses (i), (iii), and (iv) of paragraph (2)(A)".
Subsec. (h)(6). Pub. L. 100–360, §411(l)(7)(B), inserted "by such facilities" after "be made available".
1987-Subsecs. (g) to (i). Pub. L. 100–203, §§4202(a)(2), 4203(a)(2), 4206, added subsecs. (g), (h), and (i), respectively.
Pub. L. 111–148, title VI, §6101(c)(2), Mar. 23, 2010, 124 Stat. 702 , provided that: "The amendments made by paragraph (1) [amending this section and section 1396r of this title] shall take effect on the date on which the Secretary [of Health and Human Services] makes the information described in subsection (b)(1) [probably means subsec. (b) of section 6101, which is set out as a note under section 1320a–3 of this title] available to the public under such subsection."
Pub. L. 111–148, title VI, §6103(a)(2)(B), Mar. 23, 2010, 124 Stat. 706 , provided that: "The amendment made by this paragraph [amending this section] shall take effect 1 year after the date of the enactment of this Act [Mar. 23, 2010]."
Pub. L. 111–148, title VI, §6103(c)(3), Mar. 23, 2010, 124 Stat. 710 , provided that: "The amendments made by this subsection [amending this section and section 1396r of this title] shall take effect 1 year after the date of the enactment of this Act [Mar. 23, 2010]."
Pub. L. 111–148, title VI, §6111(c), Mar. 23, 2010, 124 Stat. 716 , provided that: "The amendments made by this section [amending this section and section 1396r of this title] shall take effect 1 year after the date of the enactment of this Act [Mar. 23, 2010]."
Amendment by section 6113(b) of Pub. L. 111–148 effective 1 year after Mar. 23, 2010, see section 6113(c) of Pub. L. 111–148, set out as a note under section 1320a–7j of this title.
Pub. L. 111–148, title VI, §6121(c), Mar. 23, 2010, 124 Stat. 721 , provided that: "The amendments made by this section [amending this section and section 1396r of this title] shall take effect 1 year after the date of the enactment of this Act [Mar. 23, 2010]."
Pub. L. 108–173, title IX, §932(d), Dec. 8, 2003, 117 Stat. 2402 , provided that: "The amendments made by this section [amending this section and sections 1395cc, 1395ff, and 1396r of this title] shall apply to appeals filed on or after October 1, 2004."
Pub. L. 106–554, §1(a)(6) [title IX, §941(c)], Dec. 21, 2000, 114 Stat. 2763 , 2763A-586, provided that: "The amendments made by this section [amending this section and section 1396r of this title] shall take effect on January 1, 2003."
Pub. L. 105–33, title IV, §4432(d), Aug. 5, 1997, 111 Stat. 422 , provided that: "The amendments made by this section [amending this section and sections 1395k, 1395l, 1395u, 1395x, 1395y, 1395cc, 1395tt, and 1395yy of this title] are effective for cost reporting periods beginning on or after July 1, 1998; except that the amendments made by subsection (b) [amending this section and sections 1395k, 1395l, 1395u, 1395x, 1395y, 1395cc, 1395tt, and 1395yy of this title] shall apply to items and services furnished on or after July 1, 1998."
Pub. L. 103–432, title I, §106(c)(1)(B), Oct. 31, 1994, 108 Stat. 4406 , provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of OBRA–1990 [Pub. L. 101–508]."
Pub. L. 103–432, title I, §106(c)(2)(B), Oct. 31, 1994, 108 Stat. 4406 , provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of OBRA–1987 [Pub. L. 100–203]."
Pub. L. 103–432, title I, §106(c)(3)(B), Oct. 31, 1994, 108 Stat. 4406 , provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect January 1, 1995."
Pub. L. 103–432, title I, §106(c)(4)(C), Oct. 31, 1994, 108 Stat. 4407 , provided that: "The amendments made by this paragraph [amending this section] shall take effect January 1, 1995."
Pub. L. 103–432, title I, §106(d)(7), Oct. 31, 1994, 108 Stat. 4407 , provided that: "The amendments made by this subsection [amending this section and provisions set out as a note below] shall take effect as if included in the enactment of OBRA–1990 [Pub. L. 101–508]."
"(ee) pursuant to State action, was closed or had its residents transferred.
"(II) Notwithstanding subclause (I) and subject to section 1819(f)(2)(B)(iii)(I) of the Social Security Act [42 U.S.C. 1395i–3(f)(2)(B)(iii)(I)] (as amended by clause (i)), a State may approve a training and competency evaluation program or a competency evaluation program offered by or in a skilled nursing facility described in subclause (I) if, during the previous 2 years, item (aa), (bb), (cc), (dd), or (ee) of subclause (I) did not apply to the facility."
Pub. L. 101–508, title IV, §4008(h)(1)(H), Nov. 5, 1990, 104 Stat. 1388–48 , provided that: "Except as provided in subparagraph (F) [amending this section and enacting provisions set out as a note above], the amendments made by this subsection [probably means this paragraph, amending this section] shall take effect as if they were included in the enactment of the Omnibus Budget Reconciliation Act of 1987 [Pub. L. 100–203]."
Pub. L. 101–508, title IV, §4008(h)(2)(P), Nov. 5, 1990, 104 Stat. 1388–50 , provided that: "The amendments made by this paragraph [amending this section and sections 1395x and 1395yy of this title] shall take effect as if they were included in the enactment of the Omnibus Budget Reconciliation Act of 1987 [Pub. L. 100–203]."
Pub. L. 101–508, title IV, §4206(e)(1), Nov. 5, 1990, 104 Stat. 1388–117 , provided that: "The amendments made by subsections (a) and (d) [amending this section and sections 1395cc and 1395bbb of this title] shall apply with respect to services furnished on or after the first day of the first month beginning more than 1 year after the date of the enactment of this Act [Nov. 5, 1990]."
"(A) In general.-Except as provided in subparagraph (B), the amendments made by this subsection [amending this section and sections 1396b and 1396r of this title] shall take effect as if they were included in the enactment of the Omnibus Budget Reconciliation Act of 1987 [Pub. L. 100–203].
"(B) Exception.-The amendments made by paragraph (3) [amending this section and section 1396r of this title] shall apply to nurse aide training and competency evaluation programs, and nurse aide competency evaluation programs, offered on or after the end of the 90-day period beginning on the date of the enactment of this Act [Dec. 19, 1989], but shall not affect competency evaluations conducted under programs offered before the end of such period."
"(A) In general.-Except as provided in subparagraph (B), the amendments made by this subsection [amending this section and sections 1396i and 1396r of this title] shall take effect as if they were included in the enactment of the Omnibus Budget Reconciliation Act of 1987 [Pub. L. 100–203].
"(B) Exception.-The amendment made by paragraph (1) [amending section 1396r of this title] shall take effect on the date of the enactment of this Act [Dec. 19, 1989]."
"(a) New Requirements and Survey and Certification Process.-Except as otherwise specifically provided in section 1819 of the Social Security Act [42 U.S.C. 1395i–3], the amendments made by sections 4201 and 4202 [enacting and amending this section and amending sections 1395x, 1395aa, 1395tt, and 1395yy of this title] (relating to skilled nursing facility requirements and survey and certification requirements) shall apply to services furnished on or after October 1, 1990, without regard to whether regulations to implement such amendments are promulgated by such date.
"(b) Enforcement.-(1) Except as otherwise specifically provided in section 1819 of the Social Security Act [42 U.S.C. 1395i–3], the amendments made by section 4203 of this Act [amending this section and section 1395aa of this title] apply January 1, 1988, without regard to whether regulations to implement such amendments are promulgated by such date.
"(2) In applying the amendments made by section 4203 of this Act for services furnished by a skilled nursing facility before October 1, 1990, any reference to a requirement of subsection (b), (c), or (d), of section 1819 of the Social Security Act is deemed a reference to the provisions of section 1861(j) of such Act [42 U.S.C. 1395x(j)].
"(c) Waiver of Paperwork Reduction.-Chapter 35 of title 44, United States Code, shall not apply to information required for purposes of carrying out this part [part 1 of subtitle C (§§4201–4206), enacting this section, amending this section and sections 1395x, 1395aa, 1395tt, and 1395yy of this title, and enacting provisions set out as notes under this section] and implementing the amendments made by this part."
"(1) Guidance.-The Secretary of Health and Human Services (in this subtitle [subtitle B (§§6101–6121) of title VI of Pub. L. 111–148, enacting section 1320a–7j of this title, amending this section and sections 1320a–3, 1320a–7j, 1395yy, 1396a, and 1396r of this title, and enacting provisions set out as notes under this section and sections 1320a–3, 1320a–7j, and 1396r of this title] referred to as the 'Secretary') shall provide guidance to States on how States can establish electronic links to Form 2567 State inspection reports (or a successor form), complaint investigation reports, and a facility's plan of correction or other response to such Form 2567 State inspection reports (or a successor form) on the Internet website of the State that provides information on skilled nursing facilities and nursing facilities and the Secretary shall, if possible, include such information on Nursing Home Compare.
"(A) Nursing facility.-The term 'nursing facility' has the meaning given such term in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)).
"(B) Secretary.-The term 'Secretary' means the Secretary of Health and Human Services.
"(C) Skilled nursing facility.-The term 'skilled nursing facility' has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a))."
"(1) The documentation on nursing facilities that is available to the public.
"(2) General information and tips on choosing a nursing facility that meets the needs of the individual.
"(3) General information on consumer rights with respect to nursing facilities.
"(4) The nursing facility survey process (on a national and State-specific basis).
"(5) On a State-specific basis, the services available through the State long-term care ombudsman for such State."
"(a) In General.-The Secretary [of Health and Human Services] shall conduct 2 demonstration projects, 1 for the development of best practices in skilled nursing facilities and nursing facilities that are involved in the culture change movement (including the development of resources for facilities to find and access funding in order to undertake culture change) and 1 for the development of best practices in skilled nursing facilities and nursing facilities for the use of information technology to improve resident care.
"(1) Grant award.-Under each demonstration project conducted under this section, the Secretary shall award 1 or more grants to facility-based settings for the development of best practices described in subsection (a) with respect to the demonstration project involved. Such award shall be made on a competitive basis and may be allocated in 1 lump-sum payment.
"(2) Consideration of special needs of residents.-Each demonstration project conducted under this section shall take into consideration the special needs of residents of skilled nursing facilities and nursing facilities who have cognitive impairment, including dementia.
"(1) Duration.-The demonstration projects shall each be conducted for a period not to exceed 3 years.
"(2) Implementation.-The demonstration projects shall each be implemented not later than 1 year after the date of the enactment of this Act [Mar. 23, 2010].
"(1) Nursing facility.-The term 'nursing facility' has the meaning given such term in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)).
"(2) Secretary.-The term 'Secretary' means the Secretary of Health and Human Services.
"(3) Skilled nursing facility.-The term 'skilled nursing facility' has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395(a) [1395i–3(a)]).
"(e) Authorization of Appropriations.-There are authorized to be appropriated such sums as may be necessary to carry out this section.
"(f) Report.-Not later than 9 months after the completion of the demonstration project, the Secretary shall submit to Congress a report on such project, together with recommendations for such legislation and administrative action as the Secretary determines appropriate."
"(A) In general.-Not later than 12 months after the date of the enactment of this Act [Dec. 8, 2003], the Secretary [of Health and Human Services] shall conduct a thorough review of the current standards of practice for pharmacy services provided to patients in nursing facilities.
"(ii) evaluate the impact of those standards with respect to patient safety, reduction of medication errors and quality of care.
"(A) In general.-Not later than the date that is 18 months after the date of the enactment of this Act [Dec. 8, 2003], the Secretary shall submit a report to Congress on the study conducted under paragraph (1)(A).
"(ii) recommendations regarding necessary actions and appropriate reimbursement to ensure the provision of prescription drugs to medicare beneficiaries residing in nursing facilities in a manner consistent with existing patient safety and quality of care standards under applicable State and Federal laws."
"(3) determines whether regular respiratory therapy competency examinations or certifications should be required under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for such providers and individuals.
"(b) Report.-Not later than 18 months after the date of enactment of this Act [Nov. 29, 1999], the Secretary of Health and Human Services shall submit to Congress a report on the results of the study conducted under this section, together with any recommendations for legislation that the Secretary determines to be appropriate as a result of such study."
Pub. L. 105–33, title IV, §4755(c), Aug. 5, 1997, 111 Stat. 527 , provided that: "The procedures developed by a State under the amendments made by subsection[s] (a) and (b) [amending this section and section 1396r of this title] shall permit an individual to petition for a review of any finding made by a State under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act (42 U.S.C. 1395i-3(g)(1)(C) or 1396r(g)(1)(C)) after January 1, 1995."
"(B) a study concerning the effectiveness and appropriateness of the current mechanisms for surveying and certifying renal dialysis facilities for compliance with the conditions and requirements of section 1881(b) of the Social Security Act [42 U.S.C. 1395rr(b)].
"(2) Report.-Not later than July 1, 1997, the Secretary shall transmit to Congress a report on each of the studies provided for under paragraph (1). The report on the study under paragraph (1)(A) shall include (and the report on the study under paragraph (1)(B) may include) a specific framework, where appropriate, for implementing a process under which facilities covered under the respective study may be deemed to meet applicable medicare conditions and requirements if they are accredited by a national accreditation body."
Pub. L. 101–508, title IV, §4008(h)(2)(O), Nov. 5, 1990, 104 Stat. 1388–50 , provided that: "Any regulations promulgated and applied by the Secretary of Health and Human Services after the date of the enactment of the Omnibus Budget Reconciliation Act of 1987 [Dec. 22, 1987] with respect to services described in clauses (ii), (iv), and (v) of section 1819(b)(4)(A) of the Social Security Act [42 U.S.C. 1395i–3(b)(4)(A)(ii), (iv), and (v)] shall include requirements for providers of such services that are at least as strict as the requirements applicable to providers of such services prior to the enactment of the Omnibus Budget Reconciliation Act of 1987."
Pub. L. 101–239, title VI, §6901(b)(2), Dec. 19, 1989, 103 Stat. 2298 , provided that: "The Secretary of Health and Human Services shall issue proposed regulations to establish the requirements described in sections 1819(f)(2) and 1919(f)(2) of the Social Security Act [42 U.S.C. 1395i–3(f)(2), 1396r(f)(2)] by not later than 90 days after the date of the enactment of this Act [Dec. 19, 1989]."
"(B) A nurse aide shall be considered to satisfy the requirement of sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act [42 U.S.C. 1395i–3(b)(5)(A), 1396r(b)(5)(A)] (of having completed a training and competency evaluation program approved by a State under section 1819(e)(1)(A) or 1919(e)(1)(A) of such Act [42 U.S.C. 1395i–3(e)(1)(A), 1396r(e)(1)(A)]), if such aide would have satisfied such requirement as of July 1, 1989, if a number of hours (not less than 60 hours) were substituted for '75 hours' in sections 1819(f)(2) and 1919(f)(2) of such Act [42 U.S.C. 1395i–3(f)(2), 1396r(f)(2)], respectively, and if such aide had received, before July 1, 1989, at least the difference in the number of such hours in supervised practical nurse aide training or in regular in-service nurse aide education.
"(C) A nurse aide shall be considered to satisfy the requirement of sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act (of having completed a training and competency evaluation program approved by a State under section 1819(e)(1)(A) or 1919(e)(1)(A) of such Act), if such aide was found competent (whether or not by the State), before July 1, 1989, after the completion of a course of nurse aide training of at least 100 hours duration.
"(D) With respect to the nurse aide competency evaluation requirements described in sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act, a State may waive such requirements with respect to an individual who can demonstrate to the satisfaction of the State that such individual has served as a nurse aide at one or more facilities of the same employer in the State for at least 24 consecutive months before the date of the enactment of this Act [Dec. 19, 1989]."
Pub. L. 100–203, title IV, §4201(c), Dec. 22, 1987, 101 Stat. 1330–174 , provided that: "The Secretary of Health and Human Services shall evaluate, and report to Congress by not later than January 1, 1992, on the implementation of the resident assessment process for residents of skilled nursing facilities under the amendments made by this section [enacting this section and amending sections 1395x, 1395aa, 1395tt, and 1395yy of this title]."
Pub. L. 100–203, title IV, §4205, Dec. 22, 1987, 101 Stat. 1330–182 , provided that: "The Secretary of Health and Human Services shall report to the Congress annually on the extent to which skilled nursing facilities are complying with the requirements of subsections (b), (c), and (d) of section 1819 of the Social Security Act [42 U.S.C. 1395i–3(b), (c), (d)] (as added by the amendments made by this part) and the number and type of enforcement actions taken by States and the Secretary under section 1819(h) of such Act (as added by section 4203 of this Act)."
2 So in original. Probably should be "as nurse aides".
3 So in original. Probably should be "credit".
4 So in original. Two subpars. (C) have been enacted. See Amendment of Subsection (d)(1) note below.
5 So in original. A closing parenthesis probably should appear before the comma.
6 So in original. Probably should be "pro rata".
7 So in original. Probably should be "requirements".
8 So in original. Probably should be cl. (vi).


text:
Noble leaves Golden Eagles, accepts new position at Western New Mexico University
January 15, 2018 Jenna Piper1 CommentBreaking News, NewsLCCC athletics, Scott Noble, Western New Mexico University
Scott Noble has served as Laramie County Community College's Director of Athletics/Campus Recreation for the past three years and has made contributions to athletics and academics.
Laramie County Community College's Director of Athletics/Campus Recreation, Scott Noble, is leaving the Golden Eagles as he has accepted the position as Director of Athletics at Western New Mexico University, it was announced Monday.
"My wife Debbie and I are very thankful for this opportunity to be a part of Grant County and Mustang Nation," Noble said in a news release issued by WNMU.
Noble has served at LCCC over the past three years, and was recognized by WNMU's President Dr. Joseph Shepard for "meeting challenges that yield outstanding results." Shepard said that he believes Noble presents leadership that will bring success to WNMU athletics.
The Golden Eagles have exemplified successful seasons under Noble's direction, and he has made changes both on and off the court. After 30 years of absence, Noble brought back women's basketball in 2016 and started the Golden Eagle Network with a local radio station to broadcast and stream volleyball and basketball games live.
In 1982, Noble attended Dodge City Community College and transferred to Western Illinois University, where he earned his bachelor's degree in physical education. Noble then went on to earn his master's degree in physical education/sports administration when he accepted a graduate assistantship with Eastern Illinois University.
Over the years, Noble has pursued multiple careers in athletics. He coached at Independence Community College in Kansas and served as the assistant athletic director of Facilities and Operations at Wichita State University. Noble was also hired by ATG Sports Industries as the project manager for the Wichita branch, specializing in athletic facility design/build projects and sport surfaces.
To spend more time with his family and watch his kids participate in high school activities, Noble took a break from college athletics and served as director of athletics and football coach at Rawlins County High School in Kansas. In 2010, Noble accepted a position as director of athletics at Cheyenne South.
During his time in Wyoming, Noble was named president of the Wyoming High School Activity Association's Southeast Region. He was also elected vice president of the Wyoming Interscholastic Athletic Administrators Association in 2013, and he was nominated for Athletic Director of the Year in 2014.
In 2016, Noble ran for Laramie County School District 1 school board but was not elected.
Noble will be replacing Mark Coleman, who had been a part of WNMU athletics for the past 14 years. Noble will begin his duties as director of athletics at WNMU on Feb. 2.
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text:
Robyn "Stormy" Peters  (* 20. Jahrhundert) ist eine US-amerikanische Informatikerin. Sie ist eine prominente Verfechterin von freier und Open-Source-Software.

Leben und Werk
Peters studierte von 1992 bis 1996 Informatik an der Rice University, wo sie einen Bachelor of Arts erwarb. Sie arbeitete ab 1995 als Software-Entwicklerin für Unix bei Hewlett-Packard (HP) und ab 2000 als Open Source Program Office Manager bei HP. Anschließend war sie bei OpenLogic beschäftigt, wo sie die OpenLogic Expert Community gründete und leitete. Als eines der Gründungsmitglieder im Jahr 2000 stellte die Gnome Foundation Peters 2008 als Direktorin der Organisation ein, wo sie bis 2012 arbeitete und deren OpenLogic Expert Community aufbaute.

Als Director of Mozilla Developer Network (MDN) war sie bei Mozilla Foundation von 2010 bis 2015 und zeitgleich von 2011 bis 2016 als Direktorin im Board of Directors bei Software Freedom Conservancy und von 2015 bis 2016 als Vice President of Developer Relations in der Cloud Foundry Foundation tätig. Anschließend arbeitete sie als Senior Manager des Community Leads-Team bei dem Softwarehersteller Red Hat. Peters arbeitete von 2015 bis 2016 als Co-Vorsitzende des Open Source Track bei der Grace Hopper Celebration of Women in Computing und war 2008 Gründerin und Vizepräsidentin von Kids on Computers. Sie ist seit 2015 auch Mitglied im Auswahlkomitee von Mozilla Open Source Support (MOSS).

2019 wurde sie Direktorin des Open Source Programs Office bei Microsoft. Seit 2020 ist sie im Rice Engineer Alumni Board of Directors tätig. 2021 wurde sie bei GitHub Head of Communities und leitet die Teams, die für die Open-Source-Communities auf GitHub verantwortlich sind, einschließlich der Community-Produktbemühungen von GitHub, der Beziehungen zu Entwicklern, der Bildung und anderer strategischer Programme.

Sie setzt sich für Open-Source-Software ein und klärt Unternehmen und Gemeinschaften darüber auf, wie Open-Source-Software die Softwarebranche verändert.

Weblinks
 Welcome - Stormy Peters, Microsoft
 Stormy Peters leitet das Open Source Programs Office bei Microsoft
 Episode 78: Stormy Peters: Sustaining FLOSS at Microsoft's Open Source Programs Office
 Stormy Peters: the Open Source Advocate
 Profil bei Linkedin

Einzelnachweise

Informatiker
US-Amerikaner
Geboren im 20. Jahrhundert
Frau

redpajama_set_name: RedPajamaWikipedia


text:
Q: Most common value from multiple colums in Pandas I have a series of data in an irregular number of columns and I need to determine the most common value from split sections across multiple columns using pandas. An example of what I mean is if I had information of what kind of cheese my coworkers had with their lunches each day:
Idx Name   Cheese1   Cheese2   Cheese3
0   Evan   Gouda     NaN       NaN
1   John   Cheddar   Havarti   Blue
2   Evan   Cheddar   Gouda     NaN
3   John   Havarti   Swiss     NaN

I'm looking for some kind of functionality that will give the resulting pivot table:
Name    Cheese    Pct
Evan    Gouda     .66
John    Havarti   .4

I also don't know how many columns will need to be included each time I run the script, only that they're all of the format "Cheese"+index. If John shows up with four cheeses the next day, I will need to add a fourth column and the analysis script needs to be able to handle that.

A: import io
import pandas as pd

data = io.StringIO("""\
Idx Name   Cheese1   Cheese2   Cheese3
0   Evan   Gouda     NaN       NaN
1   John   Cheddar   Havarti   Blue
2   Evan   Cheddar   Gouda     NaN
3   John   Havarti   Swiss     NaN
4   Rick   NaN       NaN       NaN
""")
df = pd.read_csv(data, delim_whitespace=True)

def top_cheese(g):
    cheese_cols = [col for col in g.columns if col.startswith('Cheese')]
    try:
        out = (g[cheese_cols].stack().value_counts(normalize=True)
                             .reset_index().iloc[0])
        out.index = ['Cheese', 'Pct']
        return out
    except IndexError:
        return pd.Series({'Cheese': 'None', 'Pct': 0})

output = df.groupby('Name').apply(top_cheese)
print(output)

Output:
       Cheese       Pct
Name
Evan    Gouda  0.666667
John  Havarti  0.400000
Rick     None  0.000000

A: Recently, I've been using R quite a bit and there I would solve this like:
library(data.table)
library(dplyr)
library(tidyr)

x <- fread('
Idx Name   Cheese1   Cheese2   Cheese3
0   Evan   Gouda     NaN       NaN
1   John   Cheddar   Havarti   Blue
2   Evan   Cheddar   Gouda     NaN
3   John   Havarti   Swiss     NaN', na = 'NaN')

gather(x, , Cheese, matches('Cheese'), na.rm = T) %>%
  group_by(Name, Cheese) %>%
  summarise(n = n()) %>%
  group_by(Name) %>%
  mutate(p = n/sum(n)) %>%
  filter(p == max(p)) %>%
  select(-n)

Which outputs:
   Name  Cheese         p
  (chr)   (chr)     (dbl)
1  Evan   Gouda 0.6666667
2  John Havarti 0.4000000

I was interested to see how a similar thing would look like in Pandas. This is what I came up with:
import io
import pandas as pd

x = pd.read_csv(io.StringIO('''
Idx Name   Cheese1   Cheese2   Cheese3
0   Evan   Gouda     NaN       NaN
1   John   Cheddar   Havarti   Blue
2   Evan   Cheddar   Gouda     NaN
3   John   Havarti   Swiss     NaN'''), delim_whitespace=True)

tidy = pd.melt(x, ['Idx', 'Name'], value_name='Cheese').dropna()
tidy = tidy.groupby(['Name', 'Cheese']).size().reset_index(name='n')
tidy['p'] = tidy.groupby('Name')['n'].transform(lambda n: n/sum(n))
tidy[tidy['p'] == tidy.groupby('Name')['p'].transform('max')].drop('n', 1)

Which outputs:
   Name   Cheese         p
1  Evan    Gouda  0.666667
4  John  Havarti  0.400000

Definitely not as clean as R, but maybe someone more acquainted with Pandas can weigh in how to improve this.

redpajama_set_name: RedPajamaStackExchange


The trick to this is putting your hair in a loose ponytail. (You want it loose because in the end when you take the hair band out, you don't want to ruin those beautiful curls you just created.) Next, separate a small section of hair and put it in your hand. Curl that section with a curling iron. Repeat this until all the hair in the ponytail is curled. If your curls start to get in the way, feel free to pin them to your head while you are working on the rest of the sections. When you are finished curling the ponytail, gently pull off the hair band, making sure not to damage the curls. Then just give your hair a shake and a fluff and go on your gorgeous way!
Fill a spray bottle with a cup of warm water and a tablespoon of sea salt. While the warm water will make the sea salt dissolve, you can speed things up by shaking the bottle. Next, mix together a tablespoon each of hair gel and melted coconut oil, pour into the bottle and do some serious shaking. You can also add a few drops of your favorite essential oil to the solution for an awesome scent. Now just spray onto your hair, tousling as you go.
3. Avoid cleaning your brush. For real.
This trick serves double duty: It keeps your brush clean and it keeps your hair static-free. Simply stretch out a used dryer sheet and place it over your hair brush. (Stretching it out helps the dryer sheet slide onto the brush more easily.) Then just toss the sheet as necessary. Bonus: Your hair might also pick up on that clean smell from the dryer sheets.
As weird as it may sound, disposable toilet seat covers are fantastic oil blotters, especially to use around your hairline. But, you're thinking, so are these teeny little oil blotting papers I'm always buying. And that's just the thing—you spend $5 for what, 50 of those little scraps? Time for a trip (real or virtual) to Office Depot, where you can get about 1,000 disposable seat covers for about $15-$20. Then just cut them into hundreds of on-the-go size blotters and buy yourself a new pair of shoes with all that money you just saved!
To fix those pesky split ends, get a bowl and mix together 1 egg, 1 tablespoon of honey and 1 tablespoon of olive oil. Apply this hair mask to your dry hair and leave this solution on your hair for around 20 to 30 minutes before you wash it out. A good idea would be to put your hair in a shower cap while you are waiting so that the mixture doesn't get all over the place. Hair masks work best if you apply them consistently every week. Then you should start to see results. Using this DIY hair mask instead of a store-brought one will also help save you money. Say goodbye to those annoying split ends!


In the early 1970s, there was a mini PEPLUM explosion, with a spat of films made between 1971 and 1974. The trend failed to catch on like it did back in the 1950s and 1960s. This film was released in 1971. I watched again recently and the script is very poor. It's no wonder the trend failed. It's fun to watch, for a fan of the PEPLUM genre like me, but I doubt anyone else would like this.
There were a number of "Amazon" movies made about the same time. Also not very memorable.


text:
NEW 10-ROOM HOTEL OPENS IN TONGA
NUKUALOFA, Tonga (Matangi Tonga, Nov. 2) – The Black Pearl Suites hotel was officially opened by the Princess Regent, Princess Pilolevu, yesterday at Sopu 'o Taufa, toward the western end of the Nuku'alofa waterfront.
The Black Pearl offers 10 high quality holiday suites and Sosaia Moehau, the manager and owner, said that he is targeting business travellers, and tourists.
He also offers a classy restaurant and a bar.
All the suites and the reception are on the ground floor, which also houses a warehouse, and their supporting services.
The construction was started in March by Sosaia 's own company, King Construction.
The Black Pearl is owned by Epic International Ltd..
Sosaia estimated his investment on the new accommodation to be about $1.6 million.
Matangi Tonga Magazine: www.matangitonga.to/home/
GROUP QUESTIONS VANUATU REORGANIZATION PLANS
WELLINGTON, New Zealand (RNZI, Nov. 2) – Government watchdog Transparency International says plans to remove directors general of government departments in Vanuatu would have catastrophic consequences.
Stanley Reginold, the political advisor for Prime Minister Serge Vohor, says they are planning to do away with the permanent heads to save money and because they frustrate the Ministers' attempts to implement their programs.
But the spokesperson for the Vanuatu chapter of the transparency group, Marie Noelle Ferrieux Patterson, says sacking the directors general would be a backward step.
"What is necessary is the continuity and to have good grants and not only the risk of having only the political minister and his political appointees - then he would be the only one in the Ministry in charge of everything," she said.
PACIFIC FORUM GETS MAJOR BUDGET INCREASE
WELLINGTON, New Zealand (RNZI, Nov. 2) – The Pacific Islands Forum Secretariat has had a big lift in its budget approved by its 16 member states.
The Fiji-based organization will receive US$15 million next year, up from this year US$9 million in 2004.
The increase is to help the work on the Pacific Plan, which aims to strengthen regional cooperation and integration.
The Budget also covers elements of a new corporate plan, which includes expanded programs to meet the four key goals of the Forum: economic growth, sustainable development, good governance and regional security.
The Forum Secretariat has 85 employees at its headquarters in Suva, Fiji, and 30 at its four trade offices, in Beijing, Sydney, Auckland and Tokyo.
PNG MUST RESURRECT PUBLIC RADIO
Submitted by piradmin on Wed, 11/03/2004 - 00:00
PORT MORESBY, Papua New Guinea (Nov. 2) – We warmly welcome the newly-appointed members of the National Broadcasting Corporation.
They have three years in which to rescue Papua New Guinea's public broadcaster from annihilation.
But annihilation will certainly occur unless the government of the day now recognizes the tremendous and diverse potential of radio in Papua New Guinea.
The decline of the national broadcaster has been the subject of many articles in The National. Their publication has resulted in precisely no progress towards the maintenance and re-development of radio as the sole existing means of national communication in this country.
We do not want to go over old ground.
Suffice it to say that the NBC in the first decade of its existence was a model developing world broadcaster. It was one of the first PNG bodies to be totally localized, and it had an outstanding record of performance in a...
FIJI POLICE OUT OF LINE ON MEDIA BAN
FijiSUN
SUVA, Fiji (Nov. 3) – Only a judge can clear the High Court of media and public just as only a judge can bar the reporting of certain or all aspects of a case.
Judges, of course, very rarely take such action. When they do close their courts, it is done for very good and very clear reasons.
Judges tend to lean towards disclosure of proceedings on the principle that justice must not only be done but be seen to be done.
Curiously, nobody seems to have told the police officers on duty at the Suva High Court of this.
Yesterday, family and friends were allowed to hear and see the proceedings in the case of Ratu Jope Seniloli who appealed before the three judges of the Fiji Appeals Court against his sentence for misprision of treason. The media, however, was barred from the court – not by the court itself but by the police.
Acting quite illegally, the police officers on duty at first said this was on the basis of "orders...
TEMARU STILL HOLED UP IN PAPEETE GOVERNMENT
MELBOURNE, Australia (Radio Australia, Nov. 4) – More than three weeks after losing his leadership in a power play by political rival Gaston Flosse, French Polynesia's ousted president, Oscar Temaru, is still refusing to leave the presidential grounds.
But Temaru is no longer controlling key government functions.
His advisors say the new government has cut phone lines into the office, and has also disconnected their mobile phones.
Flosse's new administration is working from government buildings just across the road from the presidential grounds.
His ministers are issuing orders to civil servants and are using state owned cars and the presidential plane.
The High Court in Paris will rule on the dispute next week.
Mr Temaru was ousted in a vote of no-confidence on October 9, after some of his coalition parliamentarians switched to the opposition.
Late last month, a sitting of the legislative assembly endorsed the return to power of the...
FRANCE AWAITS RULING ON TAHITI LEADERSHIP
MELBOURNE, Australia (Radio Australia, Nov. 4) – The French government says it wont take any action regarding the current political crisis in French Polynesia, until the French State Council rules on rival claims to the presidency by Gaston Flosse and Oscar Temaru.
A tense standoff has gripped the country's capital of Papeete since ousted president Temaru refused to recognize the parliamentary vote that handed the presidency back to longtime political leader Flosse.
The French Minister for Overseas Territories, Brigitte Girardin, says the government is waiting for France's highest administrative body to rule on the legitimacy of elections held in French Polynesia in May.
The elections were won by Mr Temaru, who was then ousted in a censure motion last month.
Ms Girardin says the government will submit a proposal to the French president to dissolve French Polynesia's legislative assembly, only after the State council issues a ruling, and if there is a...
PNG CHURCH GROUP GETS U.S. GRANT TO FIGHT AIDS
PORT MORESBY, Papua New Guinea (The National, Nov. 3) – Anglicare, a church-run non-governmental organization in Papua New Guinea, has received a US$114,000 grant from the United States Embassy in Port Moresby.
The grant was presented by U.S. Ambassador Robert Fitts to Anglican Archbishop James Ayong in a ceremony held at the Anglicare center in Waigani.
The money will used by the church in fighting HIV/AIDS in the highlands.
Archbishop Ayong has also held discussions with leaders of other churches in the highlands provinces for a joint effort in the fight against the virus.
Archbishop Ayong, head of the church in the country, is based in Mt Hagen.
The National: www.thenational.com.pg/
REMOTE KIRIMATI ATOLL GETS AIR SERVICE
MELBOURNE, Australia (Radio Australia, Nov. 4) – One of the world's remotest atolls, Kirimati or Christmas Atoll in the central Pacific, is to finally get an air link.
Fiji flag carrier Air Pacific says it will offer a weekly service between Fiji, Kirimati and Hawaii.
Kirimati is part of the scattered nation of Kiribati, but it is more than 3,000 kilometers east of the capital, Tarawa.
It is the world's oldest atoll and one of the largest coral formations.
Currently the atoll has no regular service, although its runway is the designated emergency-landing place for all twin-engine aircraft flying from Australia and the South Pacific to North America.
FIJI POWER UTILITY TAKES A BEATING
By Maika Bolatiki
SUVA, Fiji (Fiji Sun, Nov. 4) –The Fiji Electricity Authority (FEA) fears it will pay $1,000 a ton for its diesel fuel next month, while its break-even point is $374.
Authority chief executive officer Rokoseru Nabalarua said profitability continued to deteriorate to the extent that the company had recorded losses in the last few months. "With the oil price escalating worldwide we are paying almost three times our break-even point when generating out of diesel," he said. "Right now we are paying about $990 per ton, while our break-even cost is about $374 per ton for generation out of diesel."
About half of the nation's energy is generated from diesel sources and this percentage will continue to increase if the dry weather continues.
He said the FEA had to maintain security of power supply to the nation and therefore had no choice but to increase generation out of diesel, as it would like to conserve water at Monasavu.
Mr Nabalarua...
TONGAN PRINCE TUPOUTO'A LASHES OUT AT TONGANS AGAIN
JAPAN-FIJI PACT TO IMPROVE DISTANCE EDUCATION AT USP
PNG PM SOMARE MOVES TO FIND TAINTED MPS
TAIWAN PRESIDENT ARRIVES IN MARSHALLS


@any Popeyes outlet near you!
Up to $1900 per month!!!
Popeyes currently has 13 outlets across the Singapore island and is still expanding.
If you are passionate about building your career and growing with Popeyes, we would love to hear it from you.


text:
Bank of England sits tight and holds interest rates at 0.5% for another month
The Bank of England's Monetary Policy Committee (MPC) has held the cost of borrowing at its historic low of 0.5% for another month.
At its monthly meeting, the MPC also kept its quantitative easing (QE) programme unchanged at £375bn.
Interest rates have now been at their all time low for more than six years after being cut back during the financial crisis in a bid to prop up the British economy.
Presently economists are not anticipating any hike in the base rate until sometime in the first half of 2016, especially given that inflation went into negative territory in April and that UK economic growth slowed to 0.3% in the first three months of the year.
The Bank recently suggested in its quarterly inflation report that it was likely to increase interest rates in the middle of next year.
Howard Archer, chief UK and European economist at IHS Global Insight said: "Current robust consumer activity and signs that housing market activity is picking up suggest that an interest rate hike early on in 2016 is becoming increasingly likely, although the softer set of purchasing managers surveys for May fuel uncertainty over the economy's current underlying strength."
Archer added that much will clearly depend on how economic growth, earnings and productivity develop over the coming months, as well as just how quickly inflation moves up later on this year.
"We see interest rates only inching up to reach 2% by the end of 2017," he said.
1 thought on "Bank of England sits tight and holds interest rates at 0.5% for another month"
"especially given that inflation went into negative territory in April"
Really? I thought that RPI which catches a plethora of goods and services that the CPI misses stood at 0.9% in April??


Swedish Film Institute offer meeting places and film experiences. Cinemateket, the Swedish cinematheque, screens over six hundred films a year, from rare silent films to modern classics and cutting edge experimental work. The Filmrummet ("The Film room"), is a creative meeting place for discussions and dynamic controversy, a forum for explorative processes surrounding film, film policy and cinematic art.
Swedish cinematheque, screens over six hundred films a year, from rare silent films to modern classics and cutting edge experimental work.
The Swedish Film Institute's Filmrummet ("The Film room"), is a creative meeting place for discussions and dynamic controversy.


text:
package com.haulmont.cuba.core.config.defaults;

import java.lang.annotation.*;

/**
 * A default value. This is used for all types that do not have a native default
 * annotation but can be built from a string value.
 *
 */
@Retention(RetentionPolicy.RUNTIME)
@Target({ElementType.METHOD})
@Documented
public @interface Default {
    /**
     * The default value.
     */
    String value();
}

redpajama_set_name: RedPajamaGithub


Rick joined Warner, Cantrell & Padmos, Inc. in January 1986 as a Project Engineer after 17 years of experience with a civil engineering/land surveying firm a major earthmoving and bridge building company and a top 100 A/E firm.
The on the job experience Rick has gained from starting as a rodman on a survey crew to advancing through the ranks as a draftsman, instrument man, survey party crew chief, construction inspector, assistant resident engineer, project engineer, Department Head, and Project Manager to President & CEO of the firm. His experience in land development and civil engineering provides our clients with a resource that includes surveying, road, sewer and bridge construction, engineering design, Project Management and 20 years of direct land development experience at Warner, Cantrell & Padmos, Inc.
Rick provides the Client Relations, Quality Control and Leadership to our clients and staff.
Ken began his career with Warner, Cantrell & Padmos, Inc. in 1987 as a field survey crew member becoming experienced as a rodman, instrument man and survey party chief responsible for boundary surveys, topographical surveys, ALTA/ACSM Land Title Surveys, GPS surveys and construction layout. Other field experience includes adaptation and implementation of data collection and processing systems. For a portion of the past 20 years, Ken has spent his time working inside of the office becoming skilled in Acad drafting, plan preparation and helping to maintain the high quality standard and attention to detail that our clients have come to rely on. Ken is in charge of directing the company"s field survey projects.


text:
BBC documentary on 2002 Gujarat riots screened in several parts of Kerala
BBC's "India: The Modi Question" was screened in several parts of the state on Tuesday, prompting protest marches by the BJP's Yuva Morcha against the same
The controversial BBC documentary on 2002 Gujarat riots when Prime Minister Narendra Modi helmed the western state was screened across Kerala on Tuesday by various political organisations including the pro-left Students Federation of India (SFI), as the BJP youth wing went up in arms protesting against the screening.
BBC's "India: The Modi Question" was screened in several parts of the state on Tuesday, prompting protest marches by the BJP's Yuva Morcha against the same.
However, support came in for the BJP from unexpected quarters as senior Congress leader and former Kerala CM AK Antony's son, Anil, voiced displeasure against the documentary.
Protest marches were taken out by Yuva Morcha to the Victoria College in Palakkad and Government Law College in Ernakulam where SFI followed through with its announcement to screen the documentary.
In both places, police intervened to remove the protestors and prevent any conflict.
More screenings are expected to take place in some colleges in Ernakulam and Thiruvananthapuram later Tuesday, a senior police officer said.
DYFI, the youth wing of the ruling CPI(M) in Kerala, said it will screen the documentary not just in the southern state, but across India.
It has to be shown to the public irrespective of the attempts by the Union government to hide it, V K Sanoj, state secretary of the DYFI told reporters.
He said there was nothing "anti-national" about screening the documentary as it has not been banned.
DYFI has no interest in creating any atmosphere of conflict in the state or the country, Sanoj added.
Meanwhile, former chief minister Antony's son Anil, in apparent support to BJP in the ongoing political storm in the state, said placing the views of the British broadcaster over Indian institutions would "undermine" the country's sovereignty.
"Despite large differences with BJP, I think those (in India) placing views of BBC, a state sponsored channel with a long history of (alleged India) prejudices, and of Jack Straw, the brain behind the Iraq war, over (Indian) institutions is setting a dangerous precedence, will undermine our sovereignty," Anil Antony, who had handled the digital communications of the grand old party's Kerala unit till recently, tweeted. Straw was the then British foreign secretary in 2002.
Earlier in the day, various political groups in Kerala announced they would screen the documentary, prompting the BJP to urge Chief Minister Pinarayi Vijayan to intervene and put a stop to such endeavours.
CPI(M)'s youth wing, DYFI, kicked off the political storm in the state over the documentary by announcing on its Facebook page that it would be shown in the state.
Subsequently, SFI -- a pro-left student organisation allied with the CPI(M) -- and various wings of Kerala Pradesh Congress Committee (KPCC), including the Youth Congress, announced they would screen the documentary in the state.
The Kerala Pradesh Congress Committee's (KPCC) minority cell also said that the documentary would be screened in all district headquarters of the state on Republic Day.
BJP termed such move as "treasonous" and asked the Kerala CM to urgently intervene and nip such endeavours in the bud.
BJP state president K Surendran filed a complaint with Vijayan demanding that permission be not given to screen the documentary in the state.
In his complaint, Surendran said the screening of the documentary would tantamount to condoning foreign moves to endanger the country's unity and integrity.
He also said that the re-living the unfortunate events of two decades ago was aimed at "fueling religious tensions".
Union Minister of State for External Affairs and Parliamentary Affairs V Muraleedharan also urged the CM not to allow screening of the documentary and sought his urgent intervention in the matter.
In a Facebook post, Muraleedharan said that re-introduction of allegations rejected by the Supreme Court questions the credibility of the highest court of the country.
Both Muraleedharan and Surendran have dubbed the screening of the documentary as "treason".
SFI, in a Facebook post earlier in the day,said the documentary would be screened in various college campuses in the state.
State Youth Congress president Shafi Parambil, in a social media post, said the reminders of betrayal and genocide cannot be hidden by power and the BBC documentary will be screened in Kerala.
KPCC minority cell chairman, advocate Shihabuddin Karyat, in a statement said the documentary would be screened in district headquarters of the party on Republic Day in view of the undeclared ban on it in the country.
The Centre had last week directed blocking of multiple YouTube videos and Twitter posts sharing links to the documentary.
The two-part BBC documentary, which claims it investigated certain aspects relating to the 2002 Gujarat riots when Prime Minister Narendra Modi was the chief minister of that state, has been trashed by the Ministry of External Affairs as a "propaganda piece" that lacked objectivity and reflected a "colonial mindset".
The directions on blocking access were understood to have been issued by the Ministry of Information and Broadcasting on Friday using the emergency powers under the IT Rules, 2021.
The central government's move has received sharp criticism from opposition parties like the Congress and the TMC for imposing "censorship".
At the same time a group of 302 former judges, ex-bureaucrats and veterans have slammed the BBC documentary as a "motivated charge sheet against our leader, a fellow Indian and a patriot" and a reflection of "dyed-in-the-wool negativity and unrelenting prejudice".
Yuva Morcha
Gautam Adani drops off world's top 10 richest persons list: Here's Why


text:
Virginia Buxton, 1919-2013
Home/Obituaries/Virginia Buxton, 1919-2013
Virginia Buxton
Published on www.johnsoncitypress.com November 23rd, 2013 9:02 pm
Mrs. Virginia Buxton, age 94, Jonesborough, passed away Friday, November 22, 2013, at the Four Oaks Health Care Center.
Mrs. Buxton was born August 1, 1919, in Minnesota, daughter of the late William Herman & Martha Milbrett Hillway.
She was preceded in death by her husband of 65 years, Robert Edward Buxton; and two brothers, Tyrus Hillway and Bayard Hillway
Mrs. Buxton grew up in Minneapolis, and Sheridan, Oregon, and attended Oregon State University, where she met her husband.
From 1959 to 1967, the Buxton family lived in Johnson City, where Mrs. Buxton worked for WETB radio and owned The Stitching Post knit shop for several years. After living in the Buffalo, New York, area for more than a decade, Mr. and Mrs. Buxton retired to Jonesborough, where Mrs. Buxton lived for the past thirty years.
Mrs. Buxton was a published author; among her works were "Roseville Pottery for Love or Money" and "Knitting Know-How," and she was a contributor to "History of Washington County Tennessee," along with articles in many other publications. She was also an Architect, designing homes for builders in Ventura, California.
Mrs. Buxton attended Jonesborough Presbyterian Church and was a past member of the Schubert Club and the Monday Club.
Survivors include three sons, Tye Buxton, Jonesborough, Brian Buxton, Atlanta, GA, and Tim Buxton, New Hampshire; brother, Charles Hillway, Los Angeles, California; five grandchildren; and six great-grandchildren.
Graveside services were held Tuesday, November 26, 2013, at the Fairview Cemetery with Rev. Allen Huff officiating.
Pallbearers were family & friends.
In lieu of flowers, memorial donations may be made to the church or charitable organization of your choice. Condolences may be sent to the Buxton family online at www.dillow-taylor.com. Dillow-Taylor Funeral Home & Cremation Services, Jonesborough.
By dpfweb|2019-02-23T23:45:42+00:00December 27th, 2013|Obituaries|Comments Off on Virginia Buxton, 1919-2013


Citation: YI, D. ... et al., 2018. New driver workload prediction using clustering-aided approaches. IEEE Transactions on Systems Man and Cybernetics: Systems, 49(1), pp. 64 - 70.
Abstract: Awareness of driver workload plays a paramount role in enhancing driving safety and convenience for intelligent vehicles. The Driver Workload Prediction Systems (DWPSs) proposed so far learn either from individual driver's data (termed personalized system) or existing drivers' data indiscriminately (termed average system). As a result, they either do not work or lead to a limited performance for new drivers without labelled data. To this end, we develop clustering-aided approaches exploiting group characteristics of the existing drivers' data. Two clustering aided predictors are proposed. The first is Clustering Aided Regression (CAR) model, where the regression model for the cluster with the highest likelihood is adopted. The second is Clustering-Aided Multiple Model Regression (CAMMR) model, where the concept of multiple models is further augmented to CAR. A recent dataset from real-world driving experiments is adopted to validate the algorithms. Comparative results against the conventional average system demonstrate that by incorporating clustering information, both the proposed approaches significantly improve workload prediction performance.
Description: © 2018 IEEE. Personal use of this material is permitted. Permission from IEEE must be obtained for all other uses, in any current or future media, including reprinting/republishing this material for advertising or promotional purposes, creating new collective works, for resale or redistribution to servers or lists, or reuse of any copyrighted component of this work in other works.
Sponsor: This work was supported by the U.K. Engineering and Physical Sciences Research Council (EPSRC) Autonomous and Intelligent Systems programme under grant number EP/J011525/1 with BAE Systems as the leading industrial partner.