What is the law for nursing homes which accept Medicare and Medicaid
Medication Errors in Nursing Homes are far too common. The most common errors I see in my practice as a nursing home neglect and abuse attorney: over medication, medication given to wrong patients, medications given in the nursing home without proper prescription by doctor or nurse practitioner. To participate and accept Medicare and Medicaid payments, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
A nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20). The facility must further 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. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1.
Failure to provide proper care for facilities which accept Medicare and Medicaid payments could be abuse, neglect and fraud. This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to firstname.lastname@example.org, or call Ken at 612-743-9048.