Health, cleanliness, and control of possible infections are very important in any type of care facility for the sick, infirm, or seniors. Seniors are usually a risk group due to their age, which is often associated with a lowered/weakened immune system, chronic health conditions, lower mobility, etc.
Effective prevention of infections protects not only residents, but also the facility’s reputation and reduces healthcare costs. That’s why there are legal standards/requirements that all such facilities must stick to.
The Legal Importance of Infection Control in Nursing Homes
Residents in nursing homes are especially vulnerable due to their weaker immunity, mobility, and medical procedures, so they can face various infectious diseases (e.g., respiratory infections, urinary tract infections, pressure ulcers, etc.) at a much higher rate compared to non-seniors.
Federal and state laws mandate that all nursing homes MUST follow very strict/specific protocols to prevent infection. For example, the Centers for Medicare & Medicaid Services (CMS) require nursing home facilities to have a robust infection control program that must be overseen by a designated specialist. If the facilities fail to comply with these regulations/protocols the facility can be heavily penalized, they can get hefty fines, lawsuits, and even (in some cases) have their license revoked.
Cases such as Tarpon Bayou Center, which had unsanitary conditions and infection control violations, highlight the importance of compliance (and the aftermath of non-compliance). Such violations (other than legal consequences) not only worsen the conditions of residents but also affect the reputation of the institution and also expose these facilities to legal and financial repercussions. It’s essential that infection control laws are adhered to.
4 Best Practices for Preventing Infections (Legal & Practical Considerations)
To help ensure compliance while providing quality care, nursing homes must adopt the following:
- Hygiene & Sanitation Protocols
Let’s start from the very beginning and the foundation – maintenance of a clean and disinfected environment.
To prevent (or at least reduce) infections, cleaning must be carried out on a daily basis – which is mandated by the CMS. Special attention should be paid to surfaces that are touched a lot by hands (handles, fences, door knobs).
One of the important steps is the regular cleaning of the ventilation (HVAC systems), which will help prevent the spread of airborne infections.
In facilities like this, where you can also find medical equipment, it’s a legal requirement to properly dispose of waste, as well as to establish a system of disinfecting washing laundry at high temperatures and their disinfection.
- Staff Training & Accountability
That’s why regular training on hygiene maintenance protocols, wearing the correct personal protective equipment (PPE), emergency response plans for outbreaks, etc., is extremely important. Actually, it’s more than just ‘important’; it’s required by the Federal Law.
To ensure that these measures aren’t just theoretical but actively practiced, there’s always legal accountability. Facilities are under a statutory obligation to enforce these measures rigorously. Non-compliance constitutes a breach of duty of care.
The goal of accountability is not a potential legal liability; it’s to ensure compliance (which is key) and discourage negligence.
- Resident-Centered Approaches & Legal Rights
Ensuring residents’ personal hygiene goes beyond aesthetics; it’s actually a legal obligation. Outlined in the Federal Nursing Home Reform Act (FNHRA) Section 483.25, which requires facilities to provide necessary services to maintain resident’s highest practicable physical, mental, and psychosocial well-being.
And it is up to the staff to ensure that hygiene is up to standard.
As an example, there’s the case of residents with pressure ulcers which, under CMS guidelines, require specialized care to prevent (possible) infection.
If there is a need for this, staff and the residents can be vaccinated as an additional precautionary measure (as per the infection prevention measures) against flu and similar infectious diseases. However, the residents retain the right to be informed beforehand.
- Legal Implications of Technology in Infection Prevention
Regulatory bodies encourage facilities to demonstrate due diligence in having their staff members leverage/adopt technology for infection prevention to make an already demanding job easier for you.
A great example of technology that can help in preventing infections is automated health monitoring systems. Among other things, this type of technology can help detect early signs of infection, which in turn enables a prompt response.
Sterilization equipment and air purifiers also support compliance with legal standards. But beyond just the legality, such technology helps enhance the safety of the residents.
Legal Standards Governing Infection Control in Nursing Homes
As required by law, it is also necessary to establish regulations for the development and implementation of infection prevention and control, as mandated under the FNHRA, Section 483.80 of the Code of Federal Regulations, which requires these types of facilities to maintain an effective infection control program.
These requirements are determined by CMS, and they must include:
- Appointment of an infection prevention specialist to oversee protocols
- Regular staff training and education on infection control measures
- Detailed reporting and documentation on infection outbreaks
Routine inspections by agencies that deal with this industry (CMS, state health departments) help manage, detect, and prevent a large part of irregularities.
Nursing homes that don’t comply with laws and regulations can face large fines, lawsuits, and even potential loss of license. And families can also initiate private legal suits in addition to public ones.
Nursing home facilities also must establish clear communication channels with both the residents and their families. Transparency is critical here. All measures taken to mitigate infection outbreak risks are legally required. But beyond that, transparency also helps build trust between the facility and the stakeholders.
Conclusion
Infection prevention isn’t just a healthcare goal; it is a legal mandate. And the hefty repercussions for non-compliance are there not to punish, but rather to ensure compliance, which directly benefits the facilities’ residents. Nursing homes MUST prioritize hygiene, staff training/education, and must abide by all federal and state regulations. Beyond just protecting the residents, these measures help shield facilities from legal/reputational risks.
Adopting a protocol in handling, and respecting the law, but also a little help from thoughtful strategies and technology, can greatly improve the performance of this noble but demanding job.
Protect health AND reputation. It’s simple (but both necessary AND effective).