Long-term Care: Nursing Homes Must Meet Individualized Needs
Personal Injury - April 2, 2026 by Horwitz, Horwitz & Associates
Elder Care Services
Physical therapy, occupational therapy and mental health rehabilitative services for mental illness and mental retardation are examples of specialized rehabilitative services. If specialized rehabilitative are required in the resident’s comprehensive plan of care, the nursing home must provide the required services or obtain the required services from an outside resource from a provider of specialized rehabilitative services. See 42 C.F.R. §483.45, Specialized Rehabilitative Services.
Nursing Home Must Have Appropriate Resources
By law, a nursing home should not accept a resident if it does not have sufficient resources to meet the individualized needs of a resident. Oftentimes nursing homes will admit residents who they cannot accommodate so that they can meet quotas. Many nursing home owners consider profits more important than the health and well-being of residents.
Instead, the nursing homes should be carefully assessing each resident during a preadmission screening. The Preadmission Screening and Annual Resident Review report indicates specialized services required by the resident..
If your loved one requires specialized care, the nursing home or skilled nursing facility must meet their individualized needs. Specialized rehabilitative services are provided by or coordinated by qualified personnel. They must be provided to residents who need them even when the services are not specifically enumerated in the State plan. If a resident develops a need for these services after admission, the facility must either provide the services, or obtain the services from an outside resource.
Mental Health Services
Mental health rehabilitative services for mental illness and mental retardation may include:
- Systemic plans to change inappropriate behavior
- Drug therapy and monitoring the effectiveness and side effects of medications
- Structured socialization activities to diminish tendencies toward isolation and withdrawal
- Crisis intervention service
- Individual, group, and family psychotherapy
- Development of personal support networks
Your loved one should be given individualized care the moment he or she signs an admission contract. A nursing home is held to federal standards of care. These standards are heightened when it comes to residents who require specialized attention. The intent of the regulation for specialized rehabilitative services is to assure that residents receive necessary specialized rehabilitation. The law seeks to prevent avoidable physical and mental deterioration and to assist elderly in obtaining or maintaining the highest practicable level of functional and psychosocial well-being. See 42 C.F.R. §483.45(a)(1)(2), Intent of Specialized Rehabilitative Services.
Nursing Home Neglect
If you suspect the staff may not be meeting the specialized needs of your loved one, contact our offices today to discuss the facts with one of our nursing home attorneys. We have the necessary experience that is required to hold nursing faciltiies accountable. Contact us toll-free today at 800-985-1819.
