Federal Nursing Home Regulations – What Nursing Homes Must Do

Federal Nursing Home Regulations - What Nursing Homes Must Do

There is one common aspect of every case we handle for families whose loved ones have been injured or suffered death as a result of Nursing Home Neglect and Abuse – Violation of Federal Laws and Regulations. The U.S. Government has long recognized the rights of the elderly and the need to protect them from harm when they enter nursing homes. This done through the 1987 “OBRA” statute which includes a long list of nursing home responsibilities that apply to New Jersey nursing homes and facilities throughout the United States. OBRA and its regulations require that NURSING HOMES MUST:

  • Have sufficient nursing and other staff (42 CFR 483.30).
  • Have proper management and supervision to insure nursing home residents receive care for their physical and mental well being (42 CFR 483.75).
  • Perform an initial resident assessment within 14 days of admission and periodic assessments of each resident’s functional capacity. (42 CFR 483.20).
  • Develop and implement comprehensive, individualized care plans for its nursing home residents. (42 CFR 483.20).
  • Provide pharmaceutical services to meet the needs of each resident (42 CFR 483.60).
  • Prevent medication errors (42 CFR 483.25).
  • Prevent the deterioration of a resident’s ability to bathe, dress, groom, walk and transfer, toilet, eat, and other activities of daily living. (42 CFR 483.25).
  • Provide proper dietary and nutritional services (42 CFR 483.25).
  • Ensure that residents do not develop pressure sores, and properly treat residents who have pressure sores or are at risk for pressure sores.
  • Supervise residents to prevent falls and other accidents. (42 CFR 483.25).
  • Provide residents with enough fluid to maintain hydration and health (42 CFR 483.25).
  • Care for residents in a way that promotes their quality of life (42 CFR 483.15).
  • Care for residents in a manner to maintain their dignity and respect in full recognition of their individuality (42 CFR 483.15).

When nursing homes don’t follow federal laws and regulations, people are injured and suffer wrongful death. When this happens, you have the right to take them to court for damages and compensation. Sugarman Law’s nursing home litigation team uncovers these violations and holds the nursing home accountable for the damage they caused. We represent victims of nursing home abuse and neglect every day and continue winning our clients settlements and verdicts.

If you have questions about your legal rights in a nursing home or assisted living facility, or believe you or a loved one has been injured by nursing home/assisted living neglect or abuse, please call us at 866-657-5660.

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Winning Results

  • $1,400,000

    against a nursing home for the choking death of a resident

  • $1,000,000

    against an assisted living facility for injury and wrongful death of a resident

  • $930,000

    against a Middlesex County nursing home for a resident’s pressure ulcers and wrongful death

  • $3,000,000

    settlement for workers with mesothelioma, lung cancer, and asbestosis caused by asbestos in the workplace