Nursing Home Surveys and Certifications

Kentucky nursing homes and nursing homes across the nation that receive funding from Medicare and Medicaid insured residents are obligated to take part in a yearly survey and certification procedure conducted by the state health department as required by federal law. Nursing Homes are required to be largely compliant with Medicare and Medicaid guidelines and the state law. Nursing home guidelines obligate each nursing home to have its most recent survey results immediately available to be reviewed. The survey evaluates if the quality of care provided to the resident in the nursing home is in accordance with the law and follows the necessary guidelines.

If a nursing home seems to be in violation of nursing home guidelines as well as the law, the federal law enforcement agency can deny payments for new residents admitted into the nursing home, give the nursing home a fine, take away Medicare and Medicaid certifications, place residents in different nursing homes, and require the nursing home to hire temporary new management.

The requirements for nursing homes that are part of the survey and certification process may include but are not limited to:

• Medicare and Medicaid funded nursing homes are obligated to continue their large amount of compliance with Medicare and Medicaid guidelines
• Any and all violations must be taken care of as soon as possible
• Nursing Home residents must receive the care and services they need in order to have the best quality of life possible

If the yearly survey and certification reveals that a nursing home has failed to follow federal nursing home guidelines, then the violation is documented on a survey report form. If a staff member, resident or family member reports a violation then it must be verified using records, interviews and observations. If the violation is not verified then the nursing home will not be cited for the violation. When the survey panel decides that a violation has occurred, the panel then determines how serious the violation is. The panel considers whether or not the violation will put the nursing home and residents in danger or if the violation is harmful. Finally, the panel considers the frequency of the violation.

If you feel that a nursing home is in violation of federal nursing home guidelines, you should report the violation to the health department and they will investigate and hopefully take care of situation. If you have contacted the Kentucky health department and the violation has not been resolved or is still occurring, then you are strongly encouraged to contact an experienced and caring Kentucky nursing home attorney with the Higgins Firm. We consider nursing home violations to be very serious and we will work with the health department on your behalf to make sure the violation gets resolved properly or that you get the compensation you deserve for any injury that may have occurred as a result of this violation.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.