Nursing Home Requirements and Residents' Rights

Current Federal Requirements

Requirements for States and Long-Term Care Facilities - 42 U.S.C. Part 483
Survey and Certification of Long-Term Care Facilities - 42 U.S.C. Part 488, Subpart E
Enforcement of Compliance for Long-Term Care Facilities with Deficiencies - 42 U.S.C. Part 488, Subpart F
State Operations Manual - Appendix PP - Guidance to Surveyors for Long-Term Care Facilities (with clickable table of contents)
Final Rule on Arbitration Agreements (July 18, 2019)

In Spring 2018, Consumer Voice Executive Director Lori Smetanka, along with Eric Carlson and Nancy Stone, wrote an article published in the National Academy of Elder Law Attorneys (NAELA) Journal entitled "Advocating for Nursing Facility Residents Under the Revised Federal Requirements." The article provides a comprehensive guide to the revised federal nursing facility regulations, focusing on care planning and person-centered care; admission, transfer, and discharge procedures; grievance procedures; resident rights, choice, safety, and self-determination; staffing, medications, and quality of care; and protections from abuse, neglect, and exploitation. It also discusses advocacy and enforcement issues and further CMS rulemaking activities under the Trump administration which will likely result in changes to the rules.

Issue Briefs

Consumer Voice, in partnership with Justice in Aging and the Center for Medicare Advocacy, is developing a series of briefs entitled "A Closer Look at the Revised Nursing Facility Regulations."