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UNOFFICIAL 1737-34 which shall be administered in accordance with state and federal regulations to achieve optimal quality control of the utilization of services provided under the state plan.

(b) The provisions for utilization control are as follows: (1) Providers of NF services shall admit only those recipients whose health care needs may be met by the facility; (2) Each resident shall receive the necessary nursing, medical and psychosocial services to attain and maintain the highest possible mental and physical functional status, as defined by the comprehensive resident assessment and plan of care; (3) The NF shall operate and provide services in compliance with all state, federal, and local laws, regulations, and codes and with accepted professional standards and principles that apply to professionals providing services in the NF; (4) The services provided by or arranged by the NF shall meet professional standards of quality and be provided by qualified persons in accordance with each resident's written plan of care; and (5) The following requirements regarding nurse aides shall be met: (A) A nursing facility shall not use any individual working in the facility as a nurse aide for more than four months unless the individual: (i) Has completed a nurse aide training and competency evaluation program certified by the State; and (ii) Is competent to provide such services; (B) A nursing facility shall provide for individuals used as nurse aides a nurse aide training competency and evaluation program certified by the State and such preparation as may be necessary to complete such a program; (C) A nursing facility shall not permit an individual to serve as a nurse aide or provide services of a type for which the individual has not demonstrated competency. A nursing facility shall not use such an individual as a nurse aide unless the facility has inquired of