Nursing Home Survey Required by Federal Law

All nursing homes which participate in Medicare/Medicaid must comply with federal regulations pertaining to the quality of care. The facilities are surveyed by state inspectors under contract with the federal government and must be certified in meeting the federal requirements.

Nursing Home Survey Inspections Performed by State of Minnesota to Enforce Federal Regulations
Nursing Home Survey Inspections Performed by State of Minnesota to Enforce Federal Regulations

Nursing Home Survey Process

All nursing homes which participate in Medicare/Medicaid must comply with federal regulations pertaining to the quality of care.  The facilities are surveyed by state inspectors under contract with the federal government and must be certified in meeting the federal requirements.  Medicare and Medicaid Services, CMS requires that the nursing home care facilities be inspected at least every 15 months.

Surveyors collect data and information from different sources.  They review medical records of patients, based on a case-mix stratified sample of nursing home residents.  They also review resident care plans to determine their adequacy, review resident assessments and compliance with legal requirements concerning resident rights.  Additionally, the surveyors observe the nursing home care facility and interview residents, family members and staff, as well as review resident council meeting minutes to determine whether the facility is providing appropriate care for the residents which is by law the “highest quality of care practicable”.  Click here for more information on the OIG Inspection Process and Trends in Nursing Home Deficiencies and Complaints.

Nursing Home Survey Results

The results of the regular inspections of nursing homes can be found at the websites for each state.  The Minnesota Department of Health posts the results of nursing home surveys on their site which is updated regularly.  The surveys review quality of care and quality of life issues in the facility and reviewing federal regulations which can be found at 42 CFR 483.

During the period of 2005-2007 it was determined that over 91 percent of nursing homes surveyed were cited for deficiencies and a greater percentage of for-profit nursing homes were cited for deficiencies than not-for-profit and government nursing homes. Minnesota Nursing Homes had more deficiencies that than national average each year with 96.6%, 98.6% and 97.5 respectively.  The most common deficiencies were citations for quality of care, resident assessment and quality of life.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact my firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken directed at 1-888-452-6589.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Information on Nursing Home Regulation

Any nursing home in Minnesota must comply with state nursing home regulation which are designed to assure that there is a quality of life and a quality of care for residents.

Nursing Home Regulations to Protect Vulnerable Adults and Residents in Minnesota
Nursing Home Regulations to Protect Vulnerable Adults and Residents in Minnesota

Nursing Home Regulation

Any nursing home in Minnesota must comply with state nursing home regulation which are designed to assure that there is a quality of life and a quality of care for residents.  There are administrative rules that also prescribe the process of care including the administration, assessment process, care plans.  Skilled Nursing Facilities SNFs which take payments from Medicare/Medicaid CMS are also required to follow federal regulations.

In addition to nursing home regulations that deal with the quality of care there are regulations that deal with treatment and care of vulnerable adults in general and resident and patient bill of rights.   Violation in the regulations are investigated by either the Minnesota Department of Health Office of Health Facility Complaints or by the Department of Human Services.  Under federal statute each state bears the obligation for performing facility surveys and enforcement.

Nursing Home Regulation

Nursing home regulations are designed to protect residents in part from several forms of preventable elder abuse and neglect including but not limited to:

Sexual Abuse

Physical Abuse

Fall Injuries and Fractures

Pressure Sores and Wounds

Injuries from Hoyer Lifts and Other Medical Equipment

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact my firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken directed at 1-888-452-6589.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Medicare Payments for Nursing Home Care

Medicare Payments Are 15% of Budget in 2014 and Amount to $505 Billion
Medicare Payments Are 15% of Budget in 2014 and Amount to $505 Billion

Medicare Payments Annual Budget

According to Medicare, the federal health insurance program for 55 million people ages 65 and over and people with permanent disabilities, Medicare payments help to pay for hospital and physician visits, prescription drugs, and other acute and post-acute services. In 2014, spending on Medicare accounted for 14% of the federal budget (Figure 1). Medicare plays a major role in the health care system, accounting for 22% of total national health spending in 2013, 26% of spending on hospital care, and 22% of spending on physician services. This fact sheet includes the most recent historical and projected Medicare spending data from the 2015 annual report of the Medicare Trustees and the 2015 Medicare baseline from the Congressional Budget Office.

Medicare benefit payments totaled $597 billion in 2014; roughly one-fourth was for hospital inpatient services, 12% for physician services, and 11% for the Part D drug benefit (Figure 2). Another one-fourth of benefit spending was for Medicare Advantage private health plans covering all Part A and Part B benefits; in 2015, 31% of Medicare beneficiaries are enrolled in Medicare Advantage plans.

Limits to Medicare Payments

Currently Medicare is available for the first 100 days a resident is in a skilled nursing facility aka nursing home.  Generally, long-term care then must be privately paid by the patient until they exhaust their personnel assets at which point Medicaid is available to assist with payment of the care and medical treatment.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact my firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken directed at 1-888-452-6589.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

The Demographic of US Aging Population

Based on advancements in many areas of life such as nutrition, early intervention, advances in emergency care and other medical treatments the population in America has expanded the average life expectancy to 78.8 years of age and 81.1 for Minnesotans.

The Trend of Increasing Life Expectancy and Growing Senior Population Requires New Care Models and Attention to Healthcare Needs
The Trend of Increasing Life Expectancy and Growing Senior Population Requires New Care Models and Attention to Healthcare Needs

The US Has an Aging Population

Based on advancements in many areas of life such as nutrition, early intervention, advances in emergency care and other medical treatments the population in America has expanded the average life expectancy to 78.8 years of age and 81.1 for Minnesotans.

U.S. Trends Aging Population

According to the CDC – In the United States, the proportion of the population aged >65 years is projected to increase from 12.4% in 2000 to 19.6% in 2030 (3). The number of persons aged >65 years is expected to increase from approximately 35 million in 2000 to an estimated 71 million in 2030 (3), and the number of persons aged >80 years is expected to increase from 9.3 million in 2000 to 19.5 million in 2030 (3). In 1995, the most populous states had the largest number of older persons; nine states (California, Florida, Illinois, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Texas) each had more than one million persons aged >65 years (4). In 1995, four states had >15% of their population aged >65 years; Florida had the largest proportion (19%) (5). By 2025, the proportion of Florida’s population aged >65 years is projected to be 26% (5) and >15% in 48 states (all but Alaska and California) (5).

Increased Care Needs for the Aging Population

The increased number of seniors with care needs has put a strain on the elder care system and has required new models of care including home care, assisted living apartments, group homes and other in addition to traditional nursing home skilled care.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact my firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KLaBore@MNnursinghomeneglect.com or call Ken directed at 1-888-452-6589.

Facebooktwittergoogle_plusredditpinterestlinkedinmail