Nursing Home Facility Defined by OBRA
Nursing Home Facility Defined by the U.S. Government. The Ombudsman Reconstruction Act sets forth clear definitions for many of the related aspects of nursing home care including: quality of care, nursing services, physician services, medication administration, staffing requirements and other obligations concerning the facility and its operation.
Federal regulation CFR 42 § 483.5 that defines a skilled nursing facility which most of us referred to as a nursing home. The word nursing home can be confusing in Minnesota for example there are over two dozen different types of eldercare and vulnerable adult facilities and care provider organization types ranging from a skilled nursing facility to other organizations which provide nursing care services in a homelike environment.
The important point from CFR 42 § 483.5 is that a nursing home or skilled nursing facility may be all or part of a holding and it is important to see what services are being provided in each portion of a building where a loved one is receiving care. Often times, the first floor of the facility provides for intensive rehabilitative care and the second and third floors are where residents who require skilled nursing facility and long-term care housed.
Nursing Home Facility Defined – By federal definition- Title 42: Public Health
PART 483—REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES
Subpart B—Requirements for Long Term Care Facilities
§483.5 Definitions.
(a) Facility defined. For purposes of this subpart, facility means a skilled nursing facility (SNF) that meets the requirements of sections 1819(a), (b), (c), and (d) of the Act, or a nursing facility (NF) that meets the requirements of sections 1919(a), (b), (c), and (d) of the Act. “Facility” may include a distinct part of an institution (as defined in paragraph (b) of this section and specified in §440.40 and §440.155 of this chapter), but does not include an institution for individuals with intellectual disabilities or persons with related conditions described in §440.150 of this chapter. For Medicare and Medicaid purposes (including eligibility, coverage, certification, and payment), the “facility” is always the entity that participates in the program, whether that entity is comprised of all of, or a distinct part of, a larger institution. For Medicare, an SNF (see section 1819(a)(1) of the Act), and for Medicaid, an NF (see section 1919(a)(1) of the Act) may not be an institution for mental diseases as defined in §435.1010 of this chapter.
It is important to know what type of facility your loved one is residing in to determine the legal obligations by state and federal statute regarding staffing, quality of care and other important information. For more information about nursing home regulations as well as obligations for care and treatment of the residents please feel free to contact attorney Kenneth LaBore by phone at 612-743-9048 or toll free at 1-888-452-6589. You can also so reach Mr. LaBore by email at:
KLaBore@MNnursinghomeneglect.com
