Nursing Homes Must Demonstrate Competency in Skills and Techniques
Pursuant to Minnesota Administrative Rule 4658.0105, a nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.
Additional Federal Competency Regulations
Pursuant to federal regulations including 42 CFR § 483.151, state review and approval of nurse aide training and evaluation programs.
(a) State review and administration. (1) The State—
(i) Must specify any nurse aide training and evaluation programs that the State approves as meeting the requirements of §483.152 and/or competency evaluations programs that the State approves as meeting the requirements of §483.154; and
(ii) May choose to offer a nurse aide training and competency evaluation program that meets the requirements of §483.152 and/or a competency evaluation program that meets the requirements of §483.154.
(2) If the State does not choose to offer a nurse aide training and competency evaluation program or competency evaluation program, the State must review and approve or disapprove nurse aide training and competency evaluation programs and nurse aide competency evaluation programs upon request.
(3) The State survey agency must in the course of all surveys, determine whether the nurse aide training and competency evaluation requirements of §§483.35(c) and (d) and 483.95(g) are met.
The nursing home staff needs to be also trained on Survey protocols and Interpretive Guidelines are established to provide guidance to personnel conducting surveys. They serve to clarify and/or explain the intent of the regulations and all surveyors are required to use them in assessing compliance with Federal requirements. The purpose of the protocols and guidelines is to direct the surveyor’s attention to certain avenues for investigation in preparation for the survey, in conducting the survey, and in evaluation of the survey findings.
The nursing home survey is conducted in accordance with the appropriate protocols (Appendix P) and substantive requirements in the statute and regulations to determine whether a citation of non-compliance is appropriate.
Deficiencies are based on a violation of the statute or regulations, which, in turn, is to be based on observations of the nursing home’s performance or practices.
The Interpretive Guidelines (Appendix P and PP) include three parts:
The first part contains the survey tag number.
The second part contains the wording of the regulation.
The third part contains guidance to surveyors, including additional survey procedures and probes.
Common areas of cases I see include: Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others. STOP ELDER ABUSE AND NEGLECT!
For more information about nursing home skills and techniques requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.