State Operations Manual (Pub. 100-07), Ch. 5 § 5310.4

Factors Beyond the Control of the Individual

Last amended: 2006Year: 2006Length: 91 wordsOfficial source
5310.4 - Factors Beyond the Control of the Individual (Rev. 18, Issued: 03-17-06; Effective/Implementation Dates: 03-17-06) The State must not make a finding that an individual neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual. EXAMPLE: A nurse aide could not be found negligent for not providing clean bed and bath linens to a resident if the facility had no clean bed and bath linens available. However, the facility is responsible for providing clean bed and bath linens to residents.
State Operations Manual (Pub. 100-07), Ch. 5 § 5310.4: Factors Beyond the Control of the Individual | Justis AI