Guideline text:
(Rev. 183, Issued: 10-12-18, Effective: 10-12-18, Implementation: 10-12-18)

## §482.58(b)(3) Freedom from abuse, neglect, and exploitation (§483.12(a)(1), (a)(2), (a)(3)(i), (a)(3)(ii), (a)(4), (b)(1), (b)(2), (c))

- §483.12(a)(1): The facility must (1) Not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion.
- §483.12(a)(2): Ensure that the resident is free from physical or chemical restraints imposed for purposes of discipline or convenience and that are not required to treat the resident's medical symptoms. When the use of restraints is indicated, the facility must use the least restrictive alternative for the least amount of time and document ongoing re-evaluation of the need for restraints.
- §483.12(a)(3)(i): Not employ or otherwise engage individuals who (i) Have been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law.
- §483.12(a)(3)(ii): Have had a finding entered into the State nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents or misappropriation of their property.
- §483.12(a)(4): Report to the State nurse aide registry or licensing authorities any knowledge it has of actions by a court of law against an employee, which would indicate unfitness for service as a nurse aide or other facility staff.
- §483.12(b)(1): The facility must develop and implement written policies and procedures that: (1)Prohibit and prevent abuse, neglect, and exploitation of residents and misappropriation of resident property.
- §483.12(b)(2): Establish policies and procedures to investigate any such allegations.
- §483.12(c): In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility must:
- (1) Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property, are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency and adult protective services where state law provides for jurisdiction in long-term care facilities) in accordance with State law through established procedures.
- (2) Have evidence that all alleged violations are thoroughly investigated
- (3) Prevent further potential abuse, neglect, exploitation, or mistreatment while the investigation is in progress.
- (4) Report the results of all investigations to the administrator or his or her designated representative and to other officials in accordance with State law, including to the State Survey Agency, within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.

## Interpretive Guidelines §482.58(b)(3)

Refer to Appendix PP of the State Operations Manual (SOM) for interpretive guidelines.

## Survey Procedures §482.58(b)(3)

Refer to Appendix PP of the State Operations Manual (SOM) for survey procedures.

A-1567

(Rev. 200, Issued: 02-21-20; Effective: 02-21-20, Implementation: 02-21-20)

§482.58(b)(4) Social services (§483.40(d) of this chapter).

- §483.40(d): The facility must provide medically-related social services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident.

## Interpretive Guidelines §482.58(b)(4)

Refer to Appendix PP of the State Operations Manual (SOM) for interpretive guidelines.

## Survey Procedures §482.58(b)(4)

Refer to Appendix PP of the State Operations Manual (SOM) for survey procedures.

Structured rule (JSON):
{"intent_tags": ["safety", "quality", "compliance", "integrity"], "logic_config": {"anchor": "allegation of abuse, neglect, exploitation, or mistreatment", "max_delay_hours": 2, "target": "report of alleged violations"}, "rule_type": "temporal", "scope_tags": ["facility", "legal"]}