Pennsylvania and Federal Nursing Home Regulations
Regulations and requirements for nursing homes are outlined in Pennsylvania Code Health and Safety Title 28. Under Subpart C, these long-term care facilities have several safety and health requirements to meet, including maintaining the grounds to ensure it does not interfere with the safety of the residents.
The state also adopted a portion of the federal requirements under 42 CFR 483.1—483.75. According to § 483.13, residents in these facilities have the right to be free from abuse, including verbal, sexual, physical, and mental abuse, corporal punishment and involuntary seclusion. This law also includes the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience.
For example, a nurse cannot administer medication to a resident for the purpose of discipline. The facilities only can provide medication for purpose of treating medical symptoms. Administering chemicals for any other reason could be considered abuse.
According to the federal code, the facility must develop and implement written policies and procedures that prohibit mistreatment, neglect and abuse of residents and misappropriation of resident property. The facility must:
- Not use verbal, mental, sexual, or physical abuse, corporal punishment or involuntary seclusion
- Not employ people who have been found guilty of abusing, neglecting or mistreating residents
- Not employ someone who has had a finding entered into the state nurse aide registry concerning abuse, neglect or mistreatment
- Report any knowledge of actions by a court of law against an employee, which would indicate unfitness for service as a nurse aide or other facility staff to the state nurse aide registry or licensing authorities
Additionally, the facility must ensure that all allegations involving mistreatment, neglect or abuse, including injuries of unknown source, and misappropriation of resident property are reported immediately to the administrator of the facility and to other officials in accordance with state law.
For example, if a family member notices an injury on a resident, he or she should make a complaint to a staff member. The staff member then must ensure the facility director is notified, who then should notify state agencies, including the State survey and certification agency.
The facility must have evidence that all alleged violations are thoroughly investigated, and must prevent further potential abuse while the investigation is in progress, according to § 483.13(3).
The results of all investigations must be reported to the administrator or his or her designated representative and to other officials in accordance with State law within 5 working days of the incident. If the alleged violation is verified appropriate, corrective action must be taken.