Federal Requirements Pertaining to Minimum Standards

The following is a list of federal requirements pertaining to minimum standards for care and other treatment provided to residents in nursing homes which accept Medicare and or Medicaid funding.

Nursing homes have very specific rules and regulations pertaining to resident care. Unlike other types of medical malpractice claims there is often a rule right on the specific type of care or lack thereof which resulted in an injury or death to a nursing home resident. Federal regulation and code 42 CFR 483 is also known in the industry as OBRA which stands for the Ombudsman Reconstruction Act. These federal regulations should be used by nursing homes to help set the policies and procedures for the care they provide to the residents. The regulations are often used to establish a base minimum level of care and detailed versions of the rules are used by state and federal surveyors when examining the facilities.

These federal regulations include numerous definitions which pertain to necessary health care and treatment, nursing home residents rights and examples of violations of residents rights, information about the admission transfer and discharge rights of residents. The rules also set forth resident behavior and facility practices. The focus of the regulations is to provide residents with the highest quality of care practicable and to make every effort to provide a high quality of life for each resident based on their individual needs. The federal requirements detail what is mandated for a resident assessment, gives details on what is considered quality of care, explains required nursing services, gives standards for dietary services, outlines physician services, sets forth requirements for specialized rehabilitative services, as well as, dental services and pharmacy services. There is an additional obligations of the facility to ensure there is adequate infectious disease control, a suitable physical environment, and minimum standards for administration of the facility.

Basis and scope.
Resident rights.
Admission, transfer and discharge rights.
Resident behavior and facility practices.
Quality of life.
Resident assessment.
Quality of care.
Nursing services.
Dietary services.
Physician services.
Specialized rehabilitative services.
Dental services.
Pharmacy services.
Infection control.
Physical environment.

If you have questions or concerns regarding potential abuse and neglect sexual abuse violation of rights or other matters you can contact my law firm for a free consultation. Kenneth LaBore is an attorney with experience handling serious elder abuse and neglect claims throughout the state of Minnesota. The firm also handles wrongful death which in a nursing home context often occurs from serious falls, medication errors, pressure sores or ulcers, or some other preventable event often simply a lack in providing an appropriate response to a change in the resident’s condition. Kenneth LaBore can be reached by phone at 612-743-9048 or toll free at 1-888-452-6952 or by email at: KLaBore@MNnursinghomeneglect.com




Federal Requirements Pertaining to Minimum Standards for Care and Other Treatment Provided to Residents in Nursing Homes