Nursing Homes Should Only Admit Residents They Have Staff to Support
Often a resident is not an appropriate fit for a particular nursing home or other type of elder care residential facility. The nursing home should only admit residents when able to provide proper care. The resident may have medical or behavioral needs which require specialized training or increased staffing levels not available in all facilities. Many times residents undergo neglect when there is not adequate care available at the nursing home or there is a lack of qualified staff to monitor the resident and determine changes in their condition.
After admission to a facility the resident may undergo a change which requires additional care or supervision the nursing home is unable to provide. The nursing home has a duty to ensure the vulnerable adult resident is sent to a provide where proper care can be delivered.
Minnesota Administrative Rules 4658.0140 TYPE OF ADMISSIONS.
Subpart 1. Selection of residents.
The administrator, in cooperation with the director of nursing services and the medical director, is responsible for the admission of residents to the home according to the admission policies of the nursing home.
Subp. 2.Residents not accepted.
Unless otherwise provided by law, including laws against discrimination, residents must not be admitted or retained for whom care cannot be provided in keeping with their known physical, mental, or behavioral condition. Prospective residents who are denied admission must be informed of the reason for the denial of their admission.
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 klabore@MNnursinghomeneglect.com or call Ken at 612-743-9048.