26 July 2023
TOPEKA (KSNT) – When are deaths at nursing homes investigated in Kansas, and by who?
In Kansas, nursing homes are responsible for deciding if a resident death warrants an investigation, according to Kansas Department of Aging and Disability Services Public Information Officer Cara SloanRamos.
“I can confirm nursing homes are individually responsible for deciding whether or not death occurring on the premises are investigated,” SloanRamos said.
There are several federal and state regulations that prompt investigations into nursing home deaths but procedures for death investigations are only reported if they appear to be a result of abuse or neglect, according to SloanRamos.
From data as of June 2023, there are a total of 313 nursing homes that receive Medicare funding in Kansas, according to ProPublica. Of those homes, 118 have historically been cited as having serious deficiencies which could cause immediate jeopardy to resident health or safety.
“The only time death must be reported is if it appears to be from Abuse or Neglect,” SloanRamos said. “All facilities are required to have policies and procedures in place regarding Abuse/Neglect as well as quality of life for a resident based on standards of practice.”
Federal regulations describe abuse as the willful infliction of injury, unreasonable confinement, intimidation and punishment resulting in physical harm, pain or mental anguish. Alleged violations involving abuse, neglect, exploitation or mistreatment including injuries or misappropriation of resident property must be reported no later than two hours after an allegation is made, according to the Department of Health & Human Services Operations Manual.
According KDADS statutes and regulations, reports that don’t involve allegations of abuse must be reported to administrators of the facility or other officials including the State Survey Agency or protective services which state jurisdiction covers.
Know your rights
Federal law specifies nursing homes must protect and promote the following rights of each resident:
To be treated with respect:
You have the right to be treated with dignity and respect and make your own schedule and participate in the activities you choose.
To participate in activities:
You have the right to participate in activities that meet your needs and needs of other residents.
To be free from discrimination:
Nursing homes must comply with Civil Rights laws on discrimination based on race, color, national origin, visibility, age or religion.
To be free from abuse and neglect:
You have the right to be free from verbal, sexual, physical and mental abuse. Nursing homes must and report all violations and injuries of unknown origin to property authorities within 5 work days of the incident.
To be free from restraints:
Nursing homes cannot use any physical restraints or chemical restraints to discipline residents or for staff convenience.
To be free to make complaints:
You have the right to make complaints to the staff of nursing homes or any other person without fear of punishment.
If you’d like to file a complaint regarding abuse, neglect exploitation or client care issues contact the Kansas Department of Aging and Disability Services at 800-842-0078 on weekdays from 8 a.m. to 5 p.m.
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