Federal Staffing Laws

For those nursing homes that wished to participate in Medicaid and Medicare programs, and as such are required to abide by federal laws regarding staffing, 98.5% of the 16,100 facilities nationwide qualified for one or both programs.

Medicare

Medicare coverage will provide for 20 – 100 days of nursing home services for those beneficiaries who require additional care or rehabilitation immediately after hospitalization of at least 3 consecutive days. Medicare will not, however, provide for exclusive custodial care. Custodial care involves only needing assistance with walking, bathing or transference from a bed to a chair, for example. For Medicare nursing home coverage, a patient must be certified by a physician who will state that the daily skilled nursing care needed is related to the hospitalization. For example, a patient just released from a hospital after suffering a stroke or a patient requiring wound care after a surgical procedure.

Different Types of Facilities

Skilled Nursing Facility services can be offered either in a dedicated free-standing facility or a hospital-bed setting. Free-standing facilities are those which usually provide Medicare-related services, as well as long term care for those who pay for their services out-of-pocket (either through privately held assets, Medicaid or long-term care insurance policies). Usually, Medicare patients will make up a minor portion of a nursing home’s residents.

Please note that this article is for informational purposes only and is not intended as legal advice.

Nursing homes may not always provide the care that they are required to give. To know more about your legal rights, contact Attorney Gary R. Jodat, serving clients in Sarasota, Florida.