Shocking Report on Nursing Home Compliance with Federal Regulations

By Mark Favaloro, Nursing Home Abuse Lawyer in Virginia

According to a report by the Health and Human Services Office of the Inspector General (OIG), nearly all nursing home facilities fail to comply with federal regulations governing residents who are prescribed “atypical antipsychotic” medications.

The report found that in nearly all (99.5 percent) nursing home facility staff failed to meet one or more federal requirements for resident assessments and/or care plans for residents taking atypical antipsychotics, according to

The OIG found that 99% of the records it reviewed did not contain any evidence of compliance with federal requirements for care plan development and one-third of the records did not comply with federal requirements about resident assessments.

So what does this all mean? Well, it means that if a nursing home resident who is taking an atypical antipsychotic medication and suffers a serious side effect or injury, the resident may have grounds to file a nursing home negligence claim against the facility. It also is another indicator that many nursing home facilities fall below the level of care we all expect, and demand, for our elderly loved ones.

When the difficult decision is made to move a parent, grandparent, or other relative to a nursing home, many of us believe that the facility is top-notch and run by a highly qualified, and competent staff of professionals. The OIG report is evidence that the vast majority of nursing home facilities are unprepared or consciously disregard the regulations designed to prevent injuries to residents requiring atypical antipsychotic drugs.

About the Editors: The VA nursing home abuse and neglect attorneys at Shapiro, Lewis & Appleton include lawyers licensed in both Virginia and Carolina. Check out our case results to see our track record of success in medical malpractice and nursing home abuse lawsuits. Also, read our in-depth report on nursing home abuse and neglect law in Virginia. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


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