Care and Treatment Planning Must Include the Resident
Minnesota Treatment and Care Plans
Pursuant to 42 CFR 483.10 (8)(iii)(d) Right to Participate in Their Care and Treatment
“The resident has the right to— participate in the their care and treatment
(3) Unless adjudged incompetent or otherwise found to be incapacitated under the laws of the State, participate in planning care and treatment or changes in care and treatment.
According to Minnesota Administrative Rule 4658.0405 a nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400. The comprehensive plan of care must be developed by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, the resident’s legal guardian or chosen representative.
Subp. 2. Contents of plan of care. The comprehensive plan of care must list measurable objectives and timetables to meet the resident’s long- and short-term goals for medical, nursing, and mental and psychosocial needs that are identified in the comprehensive resident assessment. The comprehensive plan of care must include the individual abuse prevention plan required by Minnesota Statutes, section 626.557, subdivision 14, paragraph (b).
Subp. 3. Use. A comprehensive plan of care must be used by all personnel involved in the care of the resident.
Subp. 4. Revision. A comprehensive plan of care must be reviewed and revised by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, the resident’s legal guardian or chosen representative at least quarterly and within seven days of the revision of the comprehensive resident assessment required by part 4658.0400, subpart 3, item B.
Nursing home residents have the right to be fully informed in advance about care and treatment, you would think this is non automatically but in many cases there are changes without the input of the resident, their family or representative. Many times these changes are for the convenience of the staff at the nursing home or for some other reason which is not focused on resident care.
Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.
The resident’s right to participate in their care and treatment assures that the care being provided is helpful, comfortable and necessary and provided to the needs of the resident not the staff or others.