[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR483.13]



[Page 528-529]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 483_REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table of

Contents

 

          Subpart B_Requirements for Long Term Care Facilities

 

Sec.  483.13  Resident behavior and facility practices.



    (a) Restraints. The resident has the right to be free from any 

physical or



[[Page 529]]



chemical restraints imposed for purposes of discipline or convenience, 

and not required to treat the resident's medical symptoms.

    (b) Abuse. The resident has the right to be free from verbal, 

sexual, physical, and mental abuse, corporal punishment, and involuntary 

seclusion.

    (c) Staff treatment of residents. The facility must develop and 

implement written policies and procedures that prohibit mistreatment, 

neglect, and abuse of residents and misappropriation of resident 

property.

    (1) The facility must--

    (i) Not use verbal, mental, sexual, or physical abuse, corporal 

punishment, or involuntary seclusion;

    (ii) Not employ individuals who have been--

    (A) Found guilty of abusing, neglecting, or mistreating residents by 

a court of law; or

    (B) Have had a finding entered into the State nurse aide registry 

concerning abuse, neglect, mistreatment of residents or misappropriation 

of their property; and

    (iii) Report any knowledge it has of actions by a court of law 

against an employee, which would indicate unfitness for service as a 

nurse aide or other facility staff to the State nurse aide registry or 

licensing authorities.

    (2) The facility must ensure that all alleged violations involving 

mistreatment, neglect, or abuse, including injuries of unknown source, 

and misappropriation of resident property are reported immediately to 

the administrator of the facility and to other officials in accordance 

with State law through established procedures (including to the State 

survey and certification agency).

    (3) The facility must have evidence that all alleged violations are 

thoroughly investigated, and must prevent further potential abuse while 

the investigation is in progress.

    (4) The results of all investigations must be reported to the 

administrator or his designated representative and to other officials in 

accordance with State law (including to the State survey and 

certification agency) within 5 working days of the incident, and if the 

alleged violation is verified appropriate corrective action must be 

taken.



[56 FR 48870, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992]