State and Federal Nursing Home Regulations

State and Federal Regulations Pertaining to Nursing Homes and Skilled Living Facilities

State and Federal Regulations Pertaining to Nursing Homes and Skilled Living Facilities

Nursing Home Regulations From State of Minnesota and Federal Government

There state as well as federal nursing home regulations which set forth minimum care and quality of life requirements for residents of skilled nursing facilities.  States have authority to regulate nursing home based on their plenary sovereign authority to control businesses operating within their state.  Federal regulations apply to facilities which take federal funding in the form of Medicare/Medicaid payments.

These regulations control the quality of life and quality of care to be provided to residents. There are specific regulations on many care focused issues such as: nursing services, resident assessments, dietary services, physician and specialized rehabilitative services.

Minnesota Administrative Rules 4658 regulates the administration, procedure for licensing, operation and evaluation of nursing homes.  Minn. Rules 4658 sets forth the responsibilities of the nursing home administrator, quality resident assessment, quality assurance, notification of change in resident health status, use of oxygen, employee orientation and in-service education and competency, incident and accident reporting, types of admissions and more.

Other Health Care and Nursing Home Regulations – Patient Rights

Health Care Bill of Rights Minn. Stat. § 144.651, Subdivision 1 – It is the intent of the legislature and the purpose of this section to promote the interests and well being of the patients and residents of health care facilities. No health care facility may require a patient or resident to waive these rights as a condition of admission to the facility. Any guardian or conservator of a patient or resident or, in the absence of a guardian or conservator, an interested person, may seek enforcement of these rights on behalf of a patient or resident. An interested person may also seek enforcement of these rights on behalf of a patient or resident who has a guardian or conservator through administrative agencies or in district court having jurisdiction over guardianships and conservatorships. Pending the outcome of an enforcement proceeding the health care facility may, in good faith, comply with the instructions of a guardian or conservator.

Other Health Care and Nursing Home Regulations – Vulnerable Adults Act

The Minnesota Vulnerable Adults Act, Minn. Stat. 626.557 would apple to protect adults who, because of physical or mental disability or dependency on institutional services, are particularly vulnerable to maltreatment; to assist in providing safe environments for vulnerable adults; and to provide safe institutional or residential services, community-based services, or living environments for vulnerable adults who have been maltreated.

In addition, it is the policy of this state to require the reporting of suspected maltreatment of vulnerable adults, to provide for the voluntary reporting of maltreatment of vulnerable adults, to require the investigation of the reports, and to provide protective and counseling services in appropriate cases.

For more information on some of the many types of health care and elder care licensed facilities see the Department of Human Services, DHS website.

For more information abuse elder abuse and neglect or related law contact:

Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken directed at 1-888-452-6589.