Minnesota Nursing Home Abuse and Neglect Lawyer Kenneth LaBore 1-888-452-6589

Nursing Homes Must be Specific on Area Resident is Being Admitted To

Nursing Home Must be Specific on Where Resident will Reside

Nursing Home Must be Specific on Where Resident will Reside

Nursing Homes Must be Specific on Area Resident is Being Admitted To

The nursing home must be specific on where resident will reside. §483.10   Resident rights.  The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(b)

(12) Admission to a composite distinct part. A facility that is a composite distinct part (as defined in §483.5(c) of this subpart) must disclose in its admission agreement its physical configuration, including the various locations that comprise the composite distinct part, and must specify the policies that apply to room changes between its different locations under §483.12(a)(8).

KLaBore@MNnursinghomeneglect.com

If you have questions call Attorney Ken LaBore at 612-743-9048

Notification of Changes in Condition, Nursing Home Must Notify Family, Doctor, Legal Representative

Nursing Homes have a Duty to Notify Physician and Legal Representative of Changes in Condition

Nursing Homes have a Duty to Notify Physician and Legal Representative of Changes in Condition

Notification of Changes in Condition, Nursing Home Must Notify

One of the main reasons a person lives in a nursing home, assisted living or other elder care facility is that when there is a changes in the resident’s condition.  Time is of the essence in these situations.  The nursing home has a duty of notification of changes in condition, to doctor, family, legal representative. Changes in condition can be a urinary tract infection, a fall, a trauma, sudden confusion, sudden lack of mobility, changes in eating or drinking habits, weight loss, stroke like symptoms, infections, wounds, and more.

The nursing home needs to respond to all changes in condition and have a qualified professional assess the needs and condition of the resident.  If there is not a qualified nurse or other fact specific medical professional available to make an assessment of the change of condition of the resident, call 911. Many times the facility does not cause the underlying injury or medical condition but causes substantial harm sometimes causing death by not providing an appropriate response to changes in the resident’s condition. §483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights: (a) Exercise of rights. (b) (11) Notification of changes. (i) A facility must immediately inform the resident; consult with the resident’s physician; and if known, notify the resident’s legal respresentative or an interested family member when there is— (A) An accident involving the resident which results in injury and has the potential for requiring physician intervention; (B) A significant change in the resident’s physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications); (C) A need to alter treatment significantly (i.e., a need to discontinue an existing form of treatment due to adverse consequences, or to commence a new form of treatment); or (D) A decision to transfer or discharge the resident from the facility as specified in §483.12(a). The facility must also promptly notify the resident and, if known, the resident’s legal representative or interested family member when there is— (A) A change in room or roommate assignment as specified in §483.15(e)(2); or (B) A change in resident rights under Federal or State law or regulations as specified in paragraph (b)(1) of this section. (iii) The facility must record and periodically update the address and phone number of the resident’s legal representative or interested family member.

KLaBore@MNnursinghomeneglect.com

If you have any questions or concerns about resident care or changes in condition, call Attorney Ken LaBore at 612-743-9048.

Nursing Services are INCLUDED in Medicare or Medicaid Payment

Nursing Services Are Included in Nursing Home Charges

Nursing Services Are Included in Nursing Home Charges

Nursing Services are Included when you receive Medicare or Medicaid benefits for Nursing Home

42 CFR 483.10 (b)(8) Limitation on charges to personal funds. 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 Medicaid or Medicare (except for applicable deductible and coinsurance amounts). The facility may charge the resident for requested services that are more expensive than or in excess of covered services in accordance with §489.32 of this chapter. (This does not affect the prohibition on facility charges for items and services for which Medicaid has paid. See §447.15, which limits participation in the Medicaid program to providers who accept, as payment in full, Medicaid payment plus any deductible, coinsurance, or copayment required by the plan to be paid by the individual.)

(i) Services included in Medicare or Medicaid payment. During the course of a covered Medicare or Medicaid stay, facilities may not charge a resident for the following categories of items and services:

(A) Nursing services as required at §483.30 of this subpart.

(B) Dietary services as required at §483.35 of this subpart.

(C) An activities program as required at §483.15(f) of this subpart.

(D) Room/bed maintenance services.

(E) Routine personal hygiene items and services as required to meet the needs of residents, including, but not limited to, hair hygiene supplies, comb, brush, bath soap, disinfecting soaps or specialized cleansing agents when indicated to treat special skin problems or to fight infection, razor, shaving cream, toothbrush, toothpaste, denture adhesive, denture cleaner, dental floss, moisturizing lotion, tissues, cotton balls, cotton swabs, deodorant, incontinence care and supplies, sanitary napkins and related supplies, towels, washcloths, hospital gowns, over the counter drugs, hair and nail hygiene services, bathing, and basic personal laundry.

(F) Medically-related social services as required at §483.15(g) of this subpart.

Klabore@MNnursinghomeneglect.com

 

 

 

Minnesota Legal Research Basics

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Legal Resources for Minnesota Residents

Minnesota Legal Research & Online Law Libraries   If you are conducting legal research on your own her is a list or legal sources available online.

 

In the event you still have a legal question, especially about medical malpractice, wrongful death, elder abuse and neglect, or other form of serious injury or neglect please call Attorney Kenneth LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com

Nursing Home Facilities Must Provide Residents with Information on How to Apply for Medicare and Medicaid

How to Apply for Medicare

How to Apply for Medicare

If you need information or assistance on how to apply for Medicare and Medicaid to pay for charges at a skilled nursing facility or nursing home – there is a federal regulation that provides the facility must provide this information.

§483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(b)

(10) The facility must prominently display in the facility written information, and provide to residents and applicants for admission oral and written information about how to apply for and use Medicare and Medicaid benefits, and how to receive refunds for previous payments covered by such benefits.

KLaBore@MNnursinghomeneglect.com

If you have questions or concerns about the quality of care provided in a nursing home or assisted living facility call Ken at 612-743-9048 on his direct number.

 
Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER - MN Nursing Home Law


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Bemidji, Rochester, Alexandria, Marshall, Grand Rapids, Anoka, Apple Valley, Arden Hills, Burnsville, Lakeville, St Cloud, Mankato, Duluth, Bloomington, Mankato and throughout Minnesota.


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