Nursing Home Abuse and Neglect/Injuries

Federal Nursing Home Law Controls Duties of Nusing Home to its Residents

What does the law say about what a Nursing Home’s obligations are to its residents? How can you know where to turn for the black and white answers as to what Nursing Homes are specifcally required to do?

Both federal and state laws regulate almost every aspect of nursing home activity. If a patient is abused or neglected, the nursing home probably is violating the strict laws prohibiting improper treatment.

The following are some of the specific sections of the Code of Federal Regulations (CFR), which regulate the nursing home industry:

  • Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life (42 CFR 483.15).
  • Promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
  • Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
  • Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident’s physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity (42 CFR 483.20).

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