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Malnurishment and Dehydration in Nursing Homes

Posted by attorney Kenneth LaBore

As an attorney who handles nursing home abuse and neglect cases, I frequently see situations where residents do not receive the necessary nourishment and hydration required for sustaining health. Both state and federal regulations require that a nursing home provide adequate food and water pursuant to the following statutes:

Nutrition The nursing home must maintain acceptable parameters of nutritional status. (42 CFR § 483.25 (i))

Based on a resident's comprehensive assessment, the facility must ensure that a resident:

(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident's clinical condition demonstrates that this is not possible; and

(2) Receives a therapeutic diet when there is a nutritional problem. (42 CFR § 483.25 (i))

Hydration The nursing home must provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR § 483.25 (j))

The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

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