Are there any state or federal laws that provide additional protection for nursing home residents?
Yes, there are state and federal laws that provide additional protection for nursing home residents in Minnesota. At the state level, the Minnesota Department of Health has adopted specific requirements for nursing homes in the “Standards for Nursing Homes”. These Standards regulate the quality of care that residents receive and address topics such as physical plant, nutrition services, infection control and resident rights. In addition, the state has also adopted specific requirements for facilities’ protection of residents from abuse that includes an individualized plan for each victim of abuse that includes immediate interventions and a complete investigation and report. At the federal level, the Nursing Home Reform Act of 1987, enacted as part of the Omnibus Budget Reconciliation Act of 1987, was created to guarantee certain rights to nursing home residents in all states and the District of Columbia. The federal law requires that all facilities 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. In addition, federal law also dictates that nursing homes must protect residents from abuse, neglect, exploitation, and misappropriation of their property. The law also protects the rights of residents to participate in their care, have access to outside health care professionals and family members, and be free from discrimination.
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