State Operations Manual (Pub. 100-07), Ch. 5 § 5310.4
Factors Beyond the Control of the Individual
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.