Statutory Basis for Federal Nursing Home Regulations 42 CFR 483
The statutory basis for federal nursing home regulations contained in OBRA the Ombudsman Reconstruction Act provide a minimum standard of care for a nursing home facilities which accept Medicare and Medicaid payments. In an attempt to reduce injuries neglect and abuse the statute sets forth standards which provide specific instructions on how to reduce or eliminate certain types of common nursing home ailments and injuries such as infections pressure sores many types of falls and other accidents, medication errors and others.
§483.1 Basis and scope.
(a) Statutory basis. (1) Sections 1819 (a), (b), (c), and (d) of the Act provide that—
(i) Skilled nursing facilities participating in Medicare must meet certain specified requirements; and
(ii) The Secretary may impose additional requirements (see section 1819(d)(4)(B)) if they are necessary for the health and safety of individuals to whom services are furnished in the facilities.
(2) Section 1861(l) of the Act requires the facility to have in effect a transfer agreement with a hospital.
(3) Sections 1919 (a), (b), (c), and (d) of the Act provide that nursing facilities participating in Medicaid must meet certain specific requirements.
(b) Scope. The provisions of this part contain the requirements that an institution must meet in order to qualify to participate as a SNF in the Medicare program, and as a nursing facility in the Medicaid program. They serve as the basis for survey activities for the purpose of determining whether a facility meets the requirements for participation in Medicare and Medicaid.
If you need some assistance in determining whether your family member has been the victim of preventable nursing home abuse and neglect and if the facility has violated federal or state regulations you can call attorney Kenneth LaBore for a free consultation at 612-743-9048 or toll free at 1-888-452-6589. Ken can be reached by email at: KLaBore@MNnursinghomeneglect.com