Nursing homes offer residential care for the elderly. In Florida, nearly 700 licensed nursing homes exist catering to more than 70,000 residents. Nearly all of the nursing homes receive funding under the Medicare or Medicaid programs. The facilities which receive this funding are required to strictly conform to various federal and state regulations for nursing homes. Failure of a nursing home in conforming to these regulations can result in an end to federal or state funding as well as possible litigation.
It is important for nursing homes to conform to these regulations as nursing home abuse is a vital concern. The following are the broad federal and state regulations that apply to Florida nursing homes.
If a loved one has been in a nursing home that failed to meet with state or federal regulations contact a nursing home abuse attorney.
Federal Regulations for Nursing Homes
All nursing homes in Florida are required to follow certain federal regulations. These include:
- Performing a detailed assessment of the mental and physical health of every resident.
- Ensuring that a resident’s ability to perform various tasks such as bathing, moving and grooming are improved during their stay and does not deteriorate instead.
- Ensuring every resident is able to receive a suitable care plan tailored to his or her needs.
- Providing suitable medical treatment to each patient and preventing the instance of medication error.
- Maintaining sufficient staff to suitably attend to each resident.
- Providing services to maintain nutrition, personal hygiene, and grooming to residents who are unable to perform these tasks on their own.
- Ensuring that patients do not develop bedsores and if such sores do develop, taking suitable measures to heal and treat them.
- Preventing resident accidents through suitable supervision and assistance. Such supervision and assistance may be through staff members and through supportive devices.
- Ensuring respect and dignity for each resident.
- Making effective and efficient use of the resources of the nursing home.
- Maintaining full clinical records for each resident.
State Regulations for Nursing homes
Typically, nursing homes are required to conform to federal regulations only. In Florida, however, a number of other regulations also apply at the state level. State regulations that apply to nursing homes in Florida pertain to:
- Licensure, administration and the finances of a nursing home.
- Policies governing admission and discharge of residents as well as the use of available services and their provision to the residents.
- The procedure to hire and retain the services of a physician who would attend on the elderly residents.
- Conditions and responsibilities of the Medical Director of a facility.
- The requirements of resident assessment and care plans, including the provision of dietary and pharmacy services.
- Maintenance of medical records.
- Maintenance of a suitable physical environment
State regulations in Florida also pertain to other aspects of a nursing home’s operations. These are detailed in this list of minimum care standards for nursing homes in Florida. A nursing home’s failure to uphold these standards may make it liable to nursing home abuse lawsuits.
If you know a loved one who has suffered such abuse, you should hire a Lakeland, FL nursing home abuse lawyer at the earliest. Such a lawyer will help you file a lawsuit at the earliest and hold the negligent facility accountable.
What Happens if Regulations Are Violated?
If a nursing home violates the applicable state or federal regulations, it may be held liable. However, it is important to note that such liability exists when a resident is injured or affected due to the violation. The nursing homes owe a duty of care to all its residents. And this duty is best met when standards of care are observed. When a nursing home doesn’t observe these standards and this results in an injury or harm to a resident, the resident can hold the nursing home accountable.
The federal or state authorities may also take action on their own if any violation of regulations is observed. The federal agencies may stop funding a nursing home guilty of such shortcomings.
Finding a Nursing Home Abuse Lawyer in Lakeland
When you want to file a lawsuit against a negligent nursing home, it is important to hire the right attorney. A qualified Lakeland, FL personal injury lawyer will help you gather the evidence to demonstrate what federal or state regulations were violated by a nursing home. The attorney will also aid you in showing how this violation caused an injury to the plaintiff.
Here at Burnetti P.A., we help elderly victims of nursing home abuse. Our aim is to hold a nursing home accountable for its negligence and consequent abuse. Contact us today to book a FREE consultation and discuss your case with our attorneys.