Avoiding Malnutrition & Dehydration: Legal Standards for Nursing Home Nutrition

Avoiding Malnutrition & Dehydration: Legal Standards for Nursing Home NutritionYou deserve to trust the nursing home you select for your loved one. They have the responsibility of caring for them in the most vulnerable time of their life, so when they fail, it can have devastating consequences. Across the United States, many nursing home residents suffer from malnutrition and dehydration. These conditions are often preventable, and they can lead to serious medical issues.

If you suspect that your loved one is not receiving the care they deserve at their nursing facility, you have options. Let’s talk about your next steps and how to safeguard your loved one’s rights. Call Garcia & Artigliere today.

Nursing home nutrition requirements: what the law says

Nursing homes that accept Medicare or Medicaid are required to comply with federal standards set by the Centers for Medicare & Medicaid Services. These requirements are legally binding, and a facility that fails to meet them can face serious consequences.

Per 42 CFR 483.60, nursing homes must provide adequate food and fluids to keep each resident healthy. Meals must meet a resident’s daily nutritional needs while aligning with their unique dietary requirements. Facilities must provide assistance with eating and drinking as needed. They are also obligated to track and respond to significant weight loss or signs of malnutrition and dehydration.

Residents must receive personalized nutrition plans that are updated and reviewed on a regular basis. A qualified dietitian or other qualified nutrition professional must be hired full-time, part-time, or on a consultant basis.

Not only must food meet nutritional needs, but it must also be prepared in a way that conserves nutritional value, flavor, and appearance. The food should be palatable and attractive. Not only is this important for residents’ physical health, but it also allows them to maintain their dignity in an assisted living situation.

Common ways facilities violate these standards

There are numerous ways that facilities violate these standards. Some of the most common include:

• Inadequate meal staffing: If a facility does not have enough staff on hand to help residents who need assistance eating or drinking, residents may be forced to go without. This can quickly lead to dehydration and malnutrition.
• Failure to monitor food and fluid intake: If staff members do not track food and fluid intake, it’s impossible to know when they should offer more food and water. They may not notice there’s an issue until a resident is already seriously ill.
• Ignoring dietary restrictions: Offering sugary desserts to a diabetic resident, regular bread to a resident with celiac disease, or regular food to residents with dysphagia can cause serious illness and even death.
• Neglected fluid access: Residents may not indicate thirst as often or as clearly as younger individuals. This doesn’t mean that they aren’t thirsty, which is why regularly offering fluids is so critical. Staff who assume that a thirsty resident is responsible for asking for water can put everyone at risk.

Red flags of malnutrition and dehydration

Care providers may not always notice signs of malnutrition and dehydration, particularly if they have a large client load. As a loved one, you should watch for these signs and report them as soon as possible:

• Sudden weight loss
• Dry mouth and cracked lips
• Dry skin
• Sunken eyes
• Lethargy or listlessness
• Confusion
• Dizziness or fainting
• Constipation
• Weakness or frequent falls
• No fluids within reach when you visit

Why this happens: systemic causes of neglect

If hydration and nutrition are so important for nursing home residents, why are malnutrition and dehydration so common? These issues do not occur in a vacuum—they are often a sign of systemic failure. Chronic understaffing is a serious issue. It can be difficult for facilities to keep properly trained staff, due to low pay, long hours, and the physical demands of the work. Furthermore, some facilities intentionally keep staffing levels low to maximize profits. High staff turnover is another concern, which can lead to staff members who do not know residents’ nutritional needs. Limited or low-quality training in nutrition is another possible cause. Neglected documentation or falsified records make it easier for poor treatment to go undetected.

Legal consequences for facilities

Facilities that fall short of meeting their obligations to residents can be held accountable in a number of ways. They may face state and federal citations. These citations are public record, which can drive down resident numbers and impact a facility’s bottom line. A facility may also be hit with fines and corrective action plans that require supervision and follow-up meetings. Loss of Medicaid/Medicare funding is another potential outcome. In severe situations, facilities can even be forced to close down permanently.

What can families do if they suspect neglect?

Families that suspect their loved one is not getting the nutrition or fluids they need to remain healthy can take action in several different ways. First, they can address the issue with the facility directly. By meeting with the director of nursing or a dietitian, they can address nursing home malnutrition and neglect head-on. They may also report the facility to the appropriate state or federal agency. This may lead to surprise inspections and investigations that uncover low-quality care and lead to severe consequences for the facility itself. Family members may also reach out to a nursing home neglect lawyer to initiate a malnutrition and dehydration lawsuit.

Let’s protect your loved one together—contact us today

If you suspect your loved one is suffering from a lack of nutrition or fluids, let’s talk about your legal options and next steps. You can schedule a consultation by contacting us online or calling us.