Nursing Homes Must Notify Family of Any Changes in Resident’s Condition
Nursing Home Abuse and Neglect - October 22, 2013
A facility is required to notify certain parties after a change in a nursing home resident’s condition. Failure to do so violates Code of Federal Regulations, Chapter 42, Section 483.10(b)(11).
Chapter 42 C.F.R. § 483.10(b)(11) requires that a facility must immediately inform the resident; consult with the resident’s physician; and if known, notify the resident’s legal representative or an interested family member when there is –
- An accident involving the resident which results in injury and has the potential for requiring physician intervention
- A significant change in the resident’s physical, mental, or psychosocial status (i.e. a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications)
- A need to alter treatment significantly (i.e. a need to discontinue an existing form of treatment due to adverse consequences, or to start a new form of treatment); or
- A decision to transfer or discharge the resident from the facility
The facility must also promptly notify the resident and, if known, the resident’s legal representative or interested family member when there is –
- A change in room or roommate assignment or
- A change in resident rights under Federal or State law or regulations
The facility must record and periodically update the address and phone number of the resident’s legal representative or interested family member.
Life-threatening conditions include such things as heart attack or stroke. Clinical complications include such things as the development or worsening of a Stage II pressure sore, onset or recurrent periods of delirium, recurrent urinary tract infections, or onset of depression. A need to alter treatment “significantly” means a need to stop a form of treatment because of adverse consequences, such as an adverse drug reaction, or commence a new form of treatment to deal with a problem, such as the use of a medical procedure or therapy that has not been used on that resident before. The facility is required to inform the resident of his/her rights upon admission and during the resident’s stay. This include the resident’s right to privacy and personal autonomy. See Nursing Home Federal Requirements, Notifications Required Upon Change in Resident’s Condition or Resident’s Rights.
If you believe the rights of your loved one have been compromised, or you have failed to been notified in a change in condition of your loved one who resides in a nursing home, contact our office today and speak with one of our Chicago nursing home neglect attorney.