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Nursing Home Abuse

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Massachusetts Attorney

Nursing Home Abuse

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).
Promote each resident's quality of life. (42 CFR §483.15)
Maintain dignity and respect of each resident. (42 CFR §483.15)
Conduct initially a comprehensive and accurate assessment of each resident's functional capacity. (42 CFR §483.20)
Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal oral hygiene. (42 CFR §483.25)
Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities. (42 CFR §483.25)
Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25)
Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)
Maintain acceptable parameters of nutritional status. (42 CFR §483.25)
Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)
Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR §483.25)
Ensure that residents are free of any significant medication errors. (42 CFR §483.25)
Have sufficient nursing staff. (42 CFR §483.30)
Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)
Provide pharmaceutical services to meet the needs of each resident. (42 CFR §483.60)
Be administered in a manner that enables it [the nursing home] to use its resources effectively and efficiently. (42 CFR §483.75)
Maintain accurate, complete, and easily accessible clinical records on each resident . (42 CFR §483.75)

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.

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.

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