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Kenneth Lee LaBore
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Kenneth LaBore’s Legal Guides

41 total


  • Considerations for Establishment of a Nursing Home Case - Introduction

    I. Introduction There is an increasing trend for people who need long term care to get that care in their communities, there will always be a need for nursing homes for those who need or want to be cared for in a residential setting that is capable of providing professional serv...

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  • Considerations for Establishment of a Nursing Home Case - Evaluation and Case Selection

    I. Evaluation and Case Selection Minnesota Rule 4658.0015 Compliance with Regulations and Standards. A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standa...

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  • Considerations for Establishment of a Nursing Home Case - Investigation

    A. Investigation of Case and Provider Minnesota Administrative Rule 4658.0135 Policy Records. Subpart 1. Availability of policies. All policies and procedures directly related to resident care adopted by the home must be placed on file and be made available upon reque...

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  • Considerations for Establishment of Nursing Home Case - Facility Investigation

    A. Facility Investigation A.Certification Surveys: Assess if type of care intended by the law is actually being provided. Facilities must be in substantial compliance or be denied payment for new admissions, civil monetary penalties can be assessed, Medicaid and Medicare certi...

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  • Considerations for Establishment of a Nursing Home Case - Related Statutes

    Summary of Federal Nursing Home Regulations To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483). Under the...

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  • Corporate Neglect in Nursing Home Setting

    A. Corporate Neglect In addition to traditional exposure for the acts of the nursing home employees and agents under respondeat superior, there is also a potential direct liability claim if the governing body which owns/manages the facilityfails to operate nursing home in a mann...

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  • Breach of Contract Claim for Poor Care in Nursing Home

    A. Breach of Contract In addition to the claims that stem from negligence there is also a potential Breach ofContract claim which basically would allege that: Nursing homes Admission Agreement represented that the nursing home would provide basic room and board, general nursin...

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  • Financial Exploitatiin Nursing Homes

    A. Financial Exploitation Financial Exploitation occurs: 1) When someone with an obligation to care for a vulnerable adult misuses the financial resources of the vulnerable adult. 2) When someone who doesnt have legal authority acquires possession or control of the vulnerable ad...

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  • What are the Main Federal Regulations Pertaining to the Care and Treatment of Nursing Home Residents

    To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).Under the regulations, the nursing home must: Have suffic...

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  • What is Nursing Home Abuse and Neglect

    Nursing Home Elder Abuse and Neglect Abuse and neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms.Some types of abuse are obvious such as sexual or physical assault or financial exploitation.Others forms of abuse and neglect are less...

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