| Nursing Home Care Requirements
Nursing homes who receive federal funds are required to
comply with federal laws that specify that residents receive a high
quality of care. In response to reports of widespread neglect and abuse in
nursing homes in the 1980s, the Congress, in 1987, enacted legislation to
reform nursing home regulations and require nursing homes participating in
the Medicare and Medicaid programs to comply with certain requirements for
quality of care. The legislations, included in the Omnibus Budget
Reconciliation Act of 1987 (OBRA 1987), also known as the Nursing Home
Reform Act, specifies that a nursing home "must provide services and
activities to attain or maintain the highest practicable physical, mental,
and psychosocial well-being of each resident in accordance with a written
plan of care…"
Federal Law Requirement
To participate in the Medicare and Medicaid programs, nursing homes must
be in compliance with the federal requirements for long term care as
prescribed in the U.S. Code of Federal Regulation (42 CFR Part 483). Under
the regulations, the nursing home must:
Provide appropriate treatment and services to incontinent residents to
restore as much normal bladder functioning as possible and prevent urinary
tract infections and to restore as much normal bladder function as
possible (42 CFR § 483.25).
Ensure that the resident receives adequate supervision and assistive
devices to prevent accidents (42 § 483.25). · Ensure that a resident
maintains acceptable parameters of nutritional status, such as body weight
and protein level (42 § 483.25).
Provide each resident with sufficient fluid intake to maintain proper
hydrations and health (42 § 483.25).
Have sufficient nursing staff to provide nursing and related services to
attain or maintain the highest practicable physical, mental, and
psychosocial well-being of each resident, as determined by resident
assessments and individual plans of care (42 § 483.30).
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 than once every 12 months) a comprehensive,
accurate, standardized, reproducible assessment of each resident's
functional capacity (42 § 483.20).
Develop a comprehensive care plan for each resident that includes
measurable objectives and timetables to meet a resident's medical,
nursing, and mental and psychosocial needs that are identified in the
comprehensive assessment. The care plan must be developed within 7 days
after completion of the comprehensive assessment and describe the services
that are to be furnished. Also, the care plan must be periodically
reviewed and revised by a team of qualified persons after each assessment
(42 § 483.20).
Based on the resident's comprehensive assessment, ensure that a resident
who enters the facility without pressure sores, does not develop pressure
sores, unless unavoidable, and, a resident having pressure sores shall
receive the necessary treatment and services to promote healing, prevent
infection and prevent new sores from developing (42 § 483.25).
Prevent the deterioration of a resident's ability to bathe, dress, groom,
transfer and ambulate, toilet, eat, and to use speech, language or other
functional communication systems (42 § 483.25).
Provide, if a resident is unable to carry out activities of daily living,
the necessary services to maintain good nutrition, grooming, and personal
and oral hygiene (42 § 483.25).
Ensure that residents receive proper treatment and assistive devices to
maintain vision and hearing abilities (42 § 483.25).
Ensure that residents are free of any significant medication errors (42 §
483.15).
Care of its residents in a manner and in an environment that promotes
maintenance or enhancement of each resident's quality of life (42 §
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 § 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 § 483.15).
Ensure that the medical care of each resident is supervised by a physician
and must provide or arrange for the provision of physician services 24
hours a day, in case of an emergency (42 § 483.40).
Provide pharmaceutical services (including procedures that assure the
accurate acquiring, receiving, dispensing, and administering of all drugs
and biologicals) to meet the needs of each resident (42 § 483.75).
Maintain clinical records on each resident in accordance with accepted
professional standards and practices that are complete, accurately
documented, readily accessible, and systematically organized (42 §
483.75).
In addition to federal laws regulating the quality of care in nursing
homes, Tennessee, Kentucky, Georgia, North Carolina, Alabama, Virginia and
most other states have enacted laws as well. State laws must be as
stringent as the federal laws. In some cases, state laws are, in fact,
tougher than federal law.
Summary
In summary, a nursing home must conduct an initial comprehensive
assessment of each resident and periodic reassessments quarterly or as
needed if there is a significant change in the condition of the resident.
From this assessment, a plan of care must be developed that specifies the
necessary care that the resident must be provided. The facility must have
sufficient nursing personnel to provide all the necessary care to each
resident in accordance with the assessment and plan of care. Assessments,
plans of care and the actual care provided are all required to be
documented in the resident's clinical record. Almost every aspect of a
nursing home's operation, including resident care, is covered under state
and federal regulations. Therefore, when a nursing home willfully refuses
to provide the required care resulting in injury and/or death of a
resident, the nursing home may have violated federal and state laws which
may constitute fraud if the resident's care was being reimbursed by
Medicare or Medicaid.
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