Nursing Home Compliance Requirements
Pursuant to Minnesota Administrative Rule 4658.0015 COMPLIANCE WITH REGULATIONS AND STANDARDS. A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.
Federal Regulations Also Require Compliance with Regulations
Federal regulations contained in 42 CFR § 483.70, administration, a facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
(a) Licensure. A facility must be licensed under applicable State and local law.
(b) Compliance with Federal, State, and local laws and professional standards. The facility must operate and provide services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in such a facility.
Being Compliant with the state and federal laws is critical as they set forth the minimum standards for assessment, care plans, treatment, staffing, training and prevention of medication errors, falls, accidents, and other risks.
According to CMS.gov, 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.
Common areas of cases I see include: Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Other Injuries. STOP ELDER ABUSE AND NEGLECT!
For more information about nursing home requirements for compliance with state and federal regulations 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.