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Advocating for Nursing Facility Residents Under the Revised Federal Requirements

March 28, 2018

The Centers for Medicare & Medicaid Services (CMS) published a major revision of federal nursing facility regulations on October 4, 2016, providing new and expanded requirements for nursing facilities that participate in Medicare or Medicaid. This was the first major revision since the regulations were issued more than 25 years before. This article provides a comprehensive guide to the revised 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. The article also discusses advocacy and enforcement issues raised by the new rules and subsequent CMS rulemaking activities under the administration of President Donald Trump, which are likely to result in modification of the rules. Read the article by Justice in Aging’s Eric Carlson and the National Consumer Voice for Quality Long-Term Care’s Lori Smetanka and Nancy Stone in the Spring 2018 issue of National Academy of Elder Law Attorneys (NAELA) here.

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