At Bedsore.Law, we are committed to empowering families, caregivers, and legal professionals with comprehensive legal resources on nursing home regulations and residents’ rights. Understanding federal and state laws is essential in holding negligent facilities accountable and ensuring the safety and dignity of vulnerable residents.
(Applicable Nationwide)
A. Nursing Home Reform Act (OBRA ’87)
B. CMS Conditions of Participation (42 CFR Part 483)
C. Additional Federal Initiatives
II. State-by-State Overview
Here is the revised and alphabetized State-by-State Overview section:
II. State-by-State Overview
1. Arkansas (AR)
Statutes & Regulations:
• Arkansas Code (Title 20 – Health, Safety and Environment): Governs the licensing and operational standards for healthcare facilities.
• Arkansas Administrative Regulations: Outline additional facility requirements, including resident care and staffing.
Local Oversight:
• Arkansas Department of Health
Sources:
• Arkansas State Legislature
2. California (CA)
Statutes & Regulations:
• California Health and Safety Code: Licensing, operations, and care standards for healthcare facilities.
• Title 22, California Code of Regulations: Detailed requirements for residential care facilities, including staffing, resident rights, and operational standards.
• Welfare & Institutions Code (e.g., Elder Abuse and Dependent Adult Civil Protection Act): Provides civil remedies for elder abuse and neglect.
Local Oversight:
• California Department of Social Services
• California Department of Public Health
Sources:
• California Legislative Information
3. Colorado (CO)
Statutes & Regulations:
• Colorado Revised Statutes (CRS), Titles related to Health: Include licensing and operational requirements for nursing homes and assisted living facilities.
• Colorado Administrative Regulations: Outline specific standards for facility operations, staffing, and resident care.
Local Oversight:
• Colorado Department of Public Health and Environment
Sources:
• Colorado General Assembly
4. District of Columbia (D.C.)
Statutes & Regulations:
• DC Code, Title 7 (Health and Social Services): Contains provisions addressing the operation and regulation of healthcare facilities.
Local Oversight:
• District of Columbia Department of Health
• DC Department of Behavioral Health (as applicable)
Sources:
• DC Government – Code and Regulations
5. Florida (FL)
Statutes & Regulations:
• Florida Statutes Chapter 400 (Health Care Facilities Licensing Act): Governs licensing and operational standards for healthcare facilities, including nursing homes.
Local Oversight:
• Florida Agency for Health Care Administration (AHCA)
Sources:
• Florida Legislature
6. Georgia (GA)
Statutes & Regulations:
• Official Code of Georgia Annotated (OCGA): Includes provisions governing healthcare facilities and nursing home standards.
• Georgia Department of Community Health Regulations: Provides detailed rules for assisted living and nursing home operations.
Local Oversight:
• Georgia Department of Community Health
Sources:
7. Louisiana (LA)
Statutes & Regulations:
• Louisiana Revised Statutes (Titles covering Public Health): Contain provisions regulating nursing homes, assisted living, and other healthcare facilities.
• Louisiana Administrative Code: Provides the operational rules and standards.
Local Oversight:
• Louisiana Department of Health
Sources:
• Louisiana State Legislature
8. Maryland (MD)
Statutes & Regulations:
• Maryland Health-General Article and Related Statutes: Govern the operation and licensing of healthcare facilities.
• Code of Maryland Regulations (COMAR 10): Contains detailed requirements for nursing homes and assisted living facilities.
Local Oversight:
• Maryland Department of Health
Sources:
• Maryland General Assembly
9. North Carolina (NC)
Statutes & Regulations:
• North Carolina General Statutes (e.g., Chapter 130A): Regulate healthcare facilities and establish standards of care for nursing homes and assisted living facilities.
• North Carolina Administrative Code: Contains detailed rules issued by the state health agency.
Local Oversight:
• North Carolina Department of Health and Human Services
Sources:
• North Carolina General Assembly
10. Oklahoma (OK)
Statutes & Regulations:
• Oklahoma Statutes (Title 63): Governs the licensing and regulation of healthcare facilities, including long-term care and assisted living facilities.
• Oklahoma Administrative Code: Provides additional details regarding operational standards and facility requirements.
Local Oversight:
• Oklahoma Department of Health
Sources:
• Oklahoma Legislature
11. Texas (TX)
Statutes & Regulations:
• Texas Health and Safety Code: Governs the licensing, operations, and standards of care for healthcare facilities, including nursing homes.
• Texas Administrative Code, Title 25 (Health Services): Provides additional regulations covering long-term care and assisted living facilities.
Local Oversight:
• Texas Health and Human Services Commission
Sources:
• Texas Legislature Online
12. Virginia (VA)
Statutes & Regulations:
• Code of Virginia (e.g., Health Occupations Code): Establishes standards and licensing requirements for healthcare facilities.
• Virginia Administrative Regulations: Provide further details on operational standards and resident care requirements.
Local Oversight:
• Virginia Department of Health
• Virginia Department of Social Services
Sources:
• Virginia General Assembly
13. Wyoming (WY)
Statutes & Regulations:
• Wyoming Statutes: Contain provisions governing healthcare facilities, with specific sections dedicated to nursing home licensing and standards.
• Wyoming Administrative Rules: Detail operational requirements, including resident care, facility environment, and staffing.
Local Oversight:
• Wyoming Department of Health
Sources:
• Wyoming Legislature
• Wyoming Department of Health
III. Disclaimer
This Legal Resources Guide is provided for general informational purposes only and does not constitute legal advice. The information is based on publicly available sources and is subject to change. For advice on specific legal issues or cases, please consult the official sources or a qualified legal professional.
IV. Sources & Further Reading
