Recurring Problems with Nursing Homes # 8

Dan Frith

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Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #8: The nursing staff and Director of Nursing tell you what care you are entitled to receive and what care you are not entitled to receive. Can they do this?

No. The resident and the resident's family have the right to participate in developing the resident's Care Plan. A nursing home must complete a full assessment of a resident's condition within 14 days of admission, and thereafter at least once every 12 months or more frequently if the resident's condition substantially changes. These assessments are used to develop a Care Plan.

The Care Plan is prepared by a "team" which includes the resident's doctor, a registered nurse, and other appropriate nursing home staff members. The team should include the resident, the resident's legal representative and/or a member of the resident's family. If the nursing home is unwilling to allow your participation in the development of the Care Plan....tell them to go read the law governing this issue contained in Section 483.20(k)(2) of Title 42 of the Code of Federal Regulations.