Staff members can face criminal liability for their actions, but civil liability often lies with the facility that employs the staff members. Employers may face liability for employee actions during the normal scope of work, as the facility must ensure that the employee has the proper credentials to provide services as a representative of the company, the proper training for the position, and adequate supervision to ensure that the facility follows all required policies, procedures, and state and federal laws.
Companies—including Medicaid-certified nursing homes—pay for liability insurance to pay for incidents resulting in injuries. These liability insurance policies pay most nursing home claims.