Nursing Home Negligence

Federal Requirements for Nursing Homes

Federal nursing home regulations require that nursing homes:

  • Conduct a comprehensive and accurate assessment of each resident’s functional capacity. 42 CFR § 483.20
  • Develop a comprehensive care plan for each resident. 42 CFR § 483.21
  • Employ a sufficient nursing staff. 42 CFR § 483.35
  • Provide, if the resident is unable to carry out activities of daily living, necessary services to maintain good nutrition, grooming and personal oral hygiene. 42 CFR § 483.25; 42 CFR § 483.24
  • Prevent deterioration of a resident’s ability to dress, groom, bathe, transfer and ambulate, toilet, eat and communicate. 42 C.F.R. § 483.25
  • Ensure residents receive proper treatment and assistive devices to maintain vision and hearing. 42 C.F.R. § 483.25
  • Ensure residents to not develop pressure ulcers and if a resident has pressure ulcers, provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing. 42 C.F.R. § 483.25
  • Provide appropriate treatment and services for incontinent residents to restore as much bowel and bladder function as possible. 42 C.F.R. § 483.25
  • Ensure that residents receive adequate supervision and assistive devices to prevent accidents. 42 C.F.R. § 483.25
  • Maintain acceptable parameters regarding nutritional status. 42 C.F.R. § 483.25
  • Provide each resident with sufficient fluid intake to maintain proper hydration (and prevent dehydration). 42 C.F.R. § 483.25
  • Ensure that residents are free from significant medication errors. 42 C.F.R. § 483.45
  • Promote each resident’s quality of life. 42 C.F.R. § 483.24
  • Maintain dignity and respect for each resident. 42 C.F.R. § 483.10
  • Ensure that residents have the right to choose activities, schedules, and healthcare. 42 C.F.R. § 483.10
  • Provide pharmacuetical services to meet each resident’s needs. 42 C.F.R. § 483.45
  • Administer the nursing home in a manner that enables the nursing home to use it’s resources effectively and efficiently. 42 C.F.R. § 483.70
  • Maintain accurate, complete and easily accessible clinical records on each resident. 42 C.F.R. § 483.70

42 Code of Federal Regulations Part 483: Requirements for Long Term Care Facilities

See also EzElderLaw: Nursing Home Resident Rights, general concepts

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David McGuffey

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