South Carolina – November 10, 2022
The Centers for Medicare and Medicaid Services (CMS) are constantly updating measures to provide access to information on how facilities across the United States are performing in their service delivery to residents living in nursing homes and assisted living facilities. These measures are put in place to assure the nursing home resident bill of rights is being followed and that residents are safe and protected in their living environments. Skilled nursing facilities (SNFs) and nursing facilities (NFs) are required to follow the requirements in 42 CFR Part 483, Subpart B, to receive payment under the Medicare or Medicaid programs. To certify a SNF or NF, a state surveyor completes at least a Life Safety Code (LSC) survey, and a Standard Survey. SNF/NF surveys are not announced to the facility.
Nursing home certification.
The following entities are responsible for surveying and certifying a skilled nursing facility’s or nursing facility’s compliance or noncompliance with Federal requirements:
- State-Operated Skilled Nursing Facilities or Nursing Facilities or State-Operated Dually Participating Facilities – The State conducts the survey, but the regional office certifies compliance or noncompliance and determines whether a facility will participate in the Medicare or Medicaid programs.
- Non-State Operated Skilled Nursing Facilities – The State conducts the survey and certifies compliance or noncompliance, and the regional office determines whether a facility is eligible to participate in the Medicare program.
- Non-State Operated Nursing Facilities – The State conducts the survey and certifies compliance or noncompliance. The State’s certification is final. The State Medicaid agency determines whether a facility is eligible to participate in the Medicaid program.
- Non-State Operated Dually Participating Facilities (Skilled Nursing Facilities/Nursing Facilities) – The State conducts the survey and certifies compliance or noncompliance. The State’s certification of compliance or noncompliance is communicated to the State Medicaid agency for the nursing facility and to the regional office for the skilled nursing facility. In the case where the State and the regional office disagree with the certification of compliance or noncompliance, there are certain rules to resolve such disagreements.
Abuse and neglect.
Abuse and neglect are clarified in terms of compliance, reporting with the provision of report templates, and outlined examples of abuse with designated severity levels. An experienced nursing home abuse attorney in South Carolina can assist individuals who have experienced negligence, or abuse against the protections outlined in The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 while living in a South Carolina nursing home.
Damages that may be recovered for personal injury or death.
Residents and loved ones may wonder “Where can I find attorneys near me?” when the suspicion of nursing home abuse or neglect arises. A nursing home abuse attorney can give concerned individuals some guidance on legal action against abuse, or neglect. Residents who experience abuse, or neglect in South Carolina nursing home facility may be able to recover damages that include:
- Medical expenses when the actions of nursing home personnel leave a resident with the need for increased medical care, or long-term future care costs.
- Pain and suffering related to emotional, sexual, or physical abuse that has lasting consequences. Physical and emotional may warrant compensation.
- Non-economic damages when it can be proven that actions by residential care personnel negatively and permanently affect a victim’s quality of life.
- Funeral and burial expenses when a resident dies because of neglect, or abuse in a nursing home facility.
Seek legal counsel.
Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or any type of abuse because of negative nursing home practices, inadequate precautions, neglect, or forced treatment modalities.
McDougall Law Firm, LLC