Failure to Meet State and Other Licensing Standards

Different types of long-term care facilities exist. An individual who needs help with certain aspects of daily life may move into an assisted living facility. On the other hand, someone who needs a secure environment and 24 hours of care on a long-term basis may need to move into a nursing home. When moving yourself or a loved one into a nursing home or another long-term care facility, it is important to look at whether the facility has a current license and whether the administrator of the facility has a current license. You should also look at the results of any state and federal inspections of the facility.

Nursing homes are supposed to comply with federal nursing home regulations and guidelines published by the Centers for Medicare and Medicaid Services. There are also state regulations that must be followed, which vary by state but in some cases track the federal regulations.

In Tennessee, for instance, the Board for Licensing Health Care Facilities has the power to license and regulate nursing homes as well as other health care facilities, including the power to put forward minimum standards for care and set compliance standards or regulations. A nursing home’s license may be suspended or revoked if there are regular violations of state or federal laws that result in potential harm to residents.

The Office of Health Care Facilities in Tennessee bears responsibility for making sure that nursing homes, among other types of health care facilities, meet the appropriate standard of care. The Office conducts state licensure surveys each year for participation in Medicaid and Medicare, and it can investigate complaints made about nursing home facilities.

Sometimes nursing homes lose their licenses or are suspended for failing to meet state and other licensing standards, yet they continue to operate. A nursing home may not meet licensing standards if its staff members engage in negligence, abuse, or exploitation of residents. It is important to retain an attorney who understands the minimum standards set for state licensing. Even when a nursing home does comply with minimum licensing standards, moreover, it may be liable under a theory of negligence for injuries that arise out of a breach of the duty to use reasonable care, given the particular circumstances.

A failure to meet minimum licensing standards may result in a cause of action for negligence per se. Negligence per se applies when a defendant violates a safety law or regulation, and the violation causes injuries of the type that the law was supposed to prevent to a person whom the law was supposed to protect.

When investigating a client’s case, our firm may look into whether the nursing home failed to meet state or other licensing standards not only in their case but also in previous situations. A history of licensing violations may be used to show a pattern or practice of negligence or abuse.