State and Federal Law State Nursing Homes Required to Update Procedures and Policies
The aging process has changed a lot throughout the years with many of us living to an age that goes beyond the ability to be independent nursing homes required to update as needed to provide care in compliance with standards. This is why senior care facilities exist, but there are also a lot of individuals throughout Minnesota and the U.S. wishing to age in their own homes, opting to live alone as long as they can.
At one time, nursing homes were thought to be the last stop for an elderly individual. This is no longer the case with nursing homes and other care facilities offering full-service care to patients. Many of the services being offered returns some patients back to their independent atmosphere.
According to the U.S. Department of Health and Human Services, those 65 years of age and older number around 40 million. This means that senior citizens account for nearly 13 percent of the population. That’s around one in every eight U.S. citizens. The figure is expected to increase to 19 percent in the next 17 years to 72.1 million. This means the demand for elder care in Minnesota will increase.
When looking at nursing home care in Minnesota, it can be difficult to describe. Many changes are taking place as there are more individuals in the aging population and one of those is to give residents more decision-making options. These options include individuals deciding more about the services that they require.
Nursing Homes Required to Comply with State Law
The Minnesota DHS administers the funds to nursing homes and also oversees the development and policy interpretation concerning the services that they offer, their rates, and the quality of their care. The Minnesota legislature determines the policies and the lawmakers turn to the DHS for recommendations.
In Minnesota, there are 375 nursing homes that are licensed and Medicaid-certified. In these facilities are 30,468 beds. Of all of these nursing homes, 61 percent are non-profit, 28 percent is for-profit, and 11 percent is owned by the government.
However, there has been a 37 percent reduction within the state’s nursing home industry in the past 25 years. This means that there have been over 11,000 beds closed in the past 14 years.
Nonetheless, nursing homes are still a part of the spectrum of care. At the same time, the face of the nursing home is changing, yet many of them still tend to be understaffed and underfunded. Even with the different services available, there is a shortage of workers and this has led to issues, such as neglect and elder abuse situations.
Nursing homes have been experiencing an influx of residents due to nursing homes being used in rehabilitation, transitional care, and post-acute care after hospital stays. Many facilities are now specializing in dementia and memory care.
Many facilities have been downsizing in recent years, adjusting to the demands within their communities. There have also been a lot of nursing home closures due to a number of factors, such as outdated buildings, the investment involved in the upkeep, and violations. It is suspected that different service models are going to emerge and more facilities will close with others continuing in the downsizing. Senior housing is said to be rather saturated at the moment.
There is a rise in demand for services, more technology is needed to give seniors support, transportation is becoming more important and better support for the nursing homes are in the works. Nursing homes have received a 5 percent increase in their funding all across the board. A large portion of it has gone toward employee benefits and compensation.
Elder Care Facilities and Nursing Homes are Required to comply with the following regulations
Health & Supportive Services
Nursing Homes – Minn. Stat. §§ 144A.01-.37; Minn. R. 4658 et al
Veteran’s Homes – Minn. Stat. §§ 198 et al; Minn. R. 9050 et al
Boarding Care Homes – Minn. Stat. §§ 144.50-144.56; Minn. R. 4655 et al
Home Care Licensure Law – Minn. Stat. § 144A.43-.48; Minn. R. 4668
Housing with Services Establishment Act – Minn. Stat. § 144D
Assisted Living Services – Minn. Stat. § 144G
Memory Care – Minn. Stat. §§ 144.6503; 144D.065; 144A.45, Subd. 5; and 245A.04, Subd. 12
Patient Rights
Assisted Living Bill of Rights Addendum– Minn. Stat. § 144A.441
Health Care Bill of Rights – Minn. Stat. § 144.651
Home Care Bill of Rights – Minn. Stat. § 144A.44
Hospice Bill of Rights – Minn. Stat. § 144A.751
Maltreatment of Minors Act – Minn. Stat. § 626.556
Minnesota Human Rights Act – Minn. Stat. § 363A
Vulnerable Adults Act – Minn. Stat. § 626.557 -.5573
Employee Regulation
Nurse Practice Act – Minn. Stat. §§ 148.171–148.285
Criminal Background Study – Minn. Stat. §§ 144.057 & 245C et al
Advertising
Assisted Living Title Protection – Minn. Stat. § 144G.01-.02
Attorney General responsibility related to Prevention of Consumer Fraud – Minn. Stat. § 8.31
Consumer Fraud Act (Senior Citizens & Disabled Persons) – Minn. Stat. § 325F.71
Disclosure of Special Care Status for Memory Care – Minn. Stat. § 325F.72
False Statement in Advertisement – Minn. Stat. § 325F.67
Housing
Landlord Tenant Law – Minn. Stat. § 504B
Building and Fire Codes(See i.e. Construction Codes and Licensing – Minn. Stat. § 326B)
Common Interest Community and Cooperative Laws – Minn. Stat. § 515B
Payment
Medical Assistance for Needy Persons – Minn. Stat. § 256B
Additional Minnesota Nursing Home Regulations and Information
Selecting an Elder Care Facility
Minnesota Department of Health Complaints Against Nursing Home
Special Focus Facility Nursing Homes
Medicare & Medicaid Quality of Care Surveys
Reporting Nursing Home Abuse and Neglect
Nursing Home Resident Rights
Federal Nursing Home Resident Right Regulations
Rights for Nursing Home Residents
Definition of Vulnerable Adul
Federal Requirements and Nursing Home Regulations
Nursing Home Facilities with Substantiated Neglect
Nursing Home Abuse and Neglect Injuries
For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.
If you have concerns about financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.
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