42 CFR 483.100-138 is largely mute about the timing of Resident Reviews. Recall that the CFR still described an annual Resident Review; it has not been updated to reflect subsequent legislative changes. In its current form, the CFR implies – but does not explicitly require – that the Resident Review should be conducted as close as possible to the anniversary of the individual's Preadmission Screen or Resident Review. It would be reasonable to conclude that Resident Reviews should be performed as soon as possible once a significant change in status is detected. But again, there are no average annual requirements, as there are with Preadmission Screens.
The removal of the Section 1919(e)(7)(B)(iii) of the Social Security Act repealing the annual requirement is quoted below. Note that timing is left unspecified:
REVIEW REQUIRED UPON CHANGE IN RESIDENT'S CONDITION: A review and determination under clause (i) or (ii) must be conducted promptly after a nursing facility has notified the State mental health authority or State intellectual or developmental disability authority, as applicable, under subsection (b)(3)(E) with respect to a mentally ill or mentally retarded resident, that there has been a significant change in the resident's physical or mental condition.
From a person-centered perspective, the NF should refer an individual to the state mental health or intellectual disability authority as quickly as possible. For its part, the relevant state authority should arrange for a Resident Review as soon as practically possible. Proper speed can help ensure that a thorough evaluation can be conducted and appropriate adjustments can be made to the individual's plan of care.