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How Are Nursing Homes Regulated?

The state regulates nursing homes to ensure the facilities adhere to certain guidelines. Because of the numerous reports of abuse, Congress enacted the 1987 Nursing Home Reform Act that established regulations by which nursing homes participating in Medicare and Medicaid must abide. The state continually surveys and observes the facilities in order to make sure the residents are protected and the facility maintains quality care.

Under 42 CFR §483, nursing homes must:

  • Have sufficient nursing staff
  • Create a comprehensive care plan for each patient
  • Make sure each resident receives proper care and equipment for care
  • Monitor each resident’s health and well-being
  • Treat each elder with dignity and respect
  • Maintain accurate, complete clinical records
  • Make sure each patient remains hydrated and nourished

In addition to these regulations, nursing home facilities also have an obligation to maintain a safe and clean environment.

The state dispatches certain groups to survey nursing homes and make sure the organization complies with state regulations. Nursing homes, in particular, must adhere to CFR §483. The state conducts standard surveys to check if the facility acts appropriately and follows regulations. These surveys are not announced. The state determines if the facility should remain certified or if they commit noncompliant acts. Moreover, in order to receive state funding, these organizations must follow the rules.

We put a lot of trust in nursing homes to provide optimum care for our loved ones. If they fail to adhere to federal regulations and cause the residents more harm than good, they should be held accountable. If your loved one was abused or injured due to negligence or malicious intent, contact our nursing home abuse attorneys at The Pintas & Mullins Law Firm. We offer free consultations where we review your case very carefully. We understand how painful a time this is for you. Don’t let your loved one’s pain go unanswered. Call today.