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Nursing Home Abuse

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The Nursing Home Reform Act of 1987, 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.

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 Regulations (42 CFR Part 483).

Under these regulations, the nursing home must:
Have sufficient nursing staff to provide nursing and related services (42 CFR § 483.30).
Develop a comprehensive care plan for each resident (42 CFR § 483.20).
Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat(42 CFR § 483.25).
Ensure that residents receive proper treatment to maintain vision and hearing abilities (42 CFR § 483.25).
Ensure that residents do not develop bed sores (42 CFR § 483.25).
Provide appropriate treatment and services to incontinent residents (42 CFR § 483.25).
Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR § 483.25).
Ensure that residents are free of any significant medication errors (42 CFR § 483.25).
Promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity (42 CFR § 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 CFR § 483.40).
Provide pharmaceutical services(42 CFR § 483.60).

Failing to comply with the requirements of 105 C.M.R. 150.015 may also constitite an unfair and/or deceptive acts and practices in violation of Massachusetts G.L. c. 93A, § 2.

See also more Massachusetts Patients Rights

If you feel that you or your loved one has been injured as a result of nursing home abuse please call 1-617-479-4300 or use our free case evaluation form.