Minnesota Rules of Use of Oxygen in Nursing Homes
Minnesota Rules of Use of Oxygen in Nursing Homes

Rules of Use of Oxygen in Minnesota Nursing Homes

Pursuant to Minnesota Administrative Rule, 4658.0090, a nursing home must develop and implement policies and procedures for the safe storage and use of oxygen.

In Addition to Oxygen Other Nursing Home Rules

According to 4658.0095 AVAILABILITY OF LICENSING POLICY RULES.  A copy of this chapter must be made available by a nursing home upon request for the use of all nursing home personnel, residents, and family members.

Some of the worst injuries I have seen in elder abuse and neglect cases have been from preventable situations such as burns, and the use of oxygen.  Residents need to be assessed for risks and supervised to be safe pursuant to policies and procedures for use of medical equipment.

Safety Tips

According to nfpa, the air is normally 21% oxygen (O2). Oxygen is not flammable, but fire needs it to burn. When more oxygen is present, any fire that starts will burn hotter and faster than usual. More O2 in the air means that things such as hair, plastic, skin oils, clothing, and furniture can catch fire at lower temperatures.

There is no safe way to smoke in the home when O2 is in use. A patient on oxygen should not smoke.
Candles, matches, wood stoves and even sparking toys, can be ignition sources and should not be used in the home.
Keep oxygen cylinders at least five feet from a heat source, open flames or electrical devices.  See all of NFPA’s safety tips on medical oxygen.

Residents Have the Right to Smoke

According to Medicare.gov, as a resident in a Medicare and/or Medicaid-certified nursing home, you have certain rights and protections under federal and state law. These rights and protections help ensure you get the care and services you need.

The nursing home must tell you about these rights and explain them in writing in a language you understand. They must also explain in writing how you should act and what you’re responsible for while you’re in the nursing home. This must be done before or at the time you’re admitted, as well as during your stay. You must acknowledge in writing that you got this information.

At a minimum, federal law specifies that a nursing home must protect and promote the rights of each resident. As a person with Medicare, you have certain guaranteed rights and protections. These rights include the right of a resident to smoke, even when they use oxygen and have other risks.

The nursing home must supervise the resident when they smoke and/or assure that the risk from O2 use are averted and they are in a safe environment.

Other 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 Minnesota nursing home rules of the use of oxygen, licensing 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.

Minnesota Regulations for Oxygen Use in Nursing Homes

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