Most families never ask to see the nursing home care plan.

They should.

If your mother needs two people to help her get out of bed, that should be in the care plan. If your father is at high risk for falling, the plan should say what the staff is supposed to do about it. If a resident is losing weight, developing a pressure injury, choking during meals, or wandering because of dementia, those problems should not just appear somewhere in a chart.

There should be a plan.

I have handled Kentucky nursing home abuse and neglect cases for years, and the care plan is one of the first things I want to see when something serious has happened.

Why?

Because a care plan can tell you two very different things:

What the nursing home knew the resident needed.

And then the rest of the chart can tell you whether anybody actually did it.

That difference matters.

What Is a Nursing Home Care Plan?

A nursing home care plan is the written roadmap for the care a particular resident is supposed to receive.

It should be individualized to that resident.

Federal nursing-home regulations require facilities to develop and implement person-centered care plans based upon a resident’s medical, nursing, mental, and psychosocial needs.

That sounds bureaucratic. The real-world version is much simpler.

The nursing home is supposed to figure out:

What does this particular person need to stay safe and receive appropriate care?

Then it is supposed to put that plan into practice.

Federal law requires a baseline care plan shortly after admission, followed by a more comprehensive care-planning process based upon the resident’s assessment. See 42 C.F.R. § 483.21.

The point is not the paperwork.

The point is the care.

What Should Be in a Nursing Home Care Plan?

That depends entirely upon the resident.

A relatively independent rehabilitation patient may have a very different care plan from an 89-year-old resident with dementia, osteoporosis, swallowing problems, a history of falls, and an inability to transfer without assistance.

Depending upon the resident’s needs, the care plan may address things such as:

  • Fall precautions;
  • Assistance with walking and transfers;
  • Whether one or two staff members are required for transfers;
  • Mechanical-lift use;
  • Toileting assistance;
  • Repositioning and skin care;
  • Pressure-injury prevention;
  • Nutrition and hydration;
  • Weight monitoring;
  • Feeding assistance;
  • Swallowing precautions;
  • Specialized diets;
  • Medication management;
  • Dementia behaviors;
  • Wandering and elopement risks;
  • Therapy;
  • Personal hygiene; and
  • Pain management.

There is no legitimate one-size-fits-all nursing home care plan.

A resident with a history of three falls should not have the same plan as a resident who walks independently. Families dealing with repeated nursing home falls should want to know whether the care plan changed after each incident.

A resident who cannot swallow safely should not be treated like somebody eating a regular diet without assistance. Likewise, continuing weight loss or poor fluid intake may require changes to the plan for malnutrition and dehydration.

And a resident who requires two people for a transfer cannot safely receive two-person assistance if there is only one aide available to provide it.

That last point comes up more often than people realize.

Care plans do not carry themselves out. People do.

That is why nursing home understaffing can become directly relevant to whether the interventions written on a care plan were actually provided.

Why the Care Plan Matters After a Nursing Home Injury

Suppose a nursing-home resident falls and fractures her hip.

The nursing home may say:

“She was elderly.”

“She was confused.”

“She tried to get up by herself.”

“Falls happen.”

Sometimes a fall really is unavoidable.

But before I accept that explanation, I want to know what the facility knew before the fall.

Did she have previous falls?

Was she identified as a high fall risk?

Did she need assistance transferring?

Did she need help going to the bathroom?

Was she supposed to use a walker?

Did the care plan require one-person assistance, two-person assistance, an alarm, supervision, or another intervention?

Then I want to know whether those things actually happened.

That is where the nursing-home chart becomes important.

A care plan saying “assist with transfers” is one thing.

The staffing records, CNA documentation, assignment sheets, call-light records, incident reports, and electronic timestamps may tell us whether somebody was actually available to provide that assistance.

A care plan can show what the nursing home knew. The daily records can show whether it followed through.

The Care Plan Should Change When the Resident Changes

This is another place where I see problems.

A nursing home care plan should not be written once and then disappear into the chart for the rest of the resident’s stay.

Residents change.

Someone falls.

Someone begins losing weight.

A resident who used to walk independently becomes weak.

A new medication makes somebody dizzy.

A resident starts choking during meals.

A pressure area develops on the heel.

Someone with dementia starts trying to leave the building.

Those events provide new information.

The facility is supposed to reassess the resident and update the plan when circumstances require it.

One of the questions I ask when reviewing a nursing-home case is very simple:

Something changed. What did the nursing home change in response?

If a resident falls three times and the care plan remains essentially unchanged, I want to understand why.

If someone loses twenty pounds and the same ineffective nutritional interventions stay in place month after month, I want to understand that too.

If a resident experiences an unexplained change after medications are administered, the care plan is only one piece of the investigation. In a serious nursing home medication error, we also look at physician orders, the MAR, pharmacy records, nursing notes, vital signs, and the timing of what happened.

Writing down the problem is not the same thing as addressing it.

Families Can Participate in Nursing Home Care Planning

Families sometimes assume the care plan is an internal nursing-home document that does not involve them.

That is not how the federal care-planning process is supposed to work.

The resident and, when appropriate, the resident’s representative should be involved in developing the plan.

That matters because families often know things the nursing home does not.

You may know that your mother gets up repeatedly at night to use the bathroom.

You may know your father will try to stand without asking for help.

You may know that he takes his pills easily with applesauce but struggles with water.

You may know that she will eat certain foods and absolutely refuses others.

That information matters.

If you have a loved one in a Kentucky nursing home, I would not hesitate to ask:

Can I have a copy of the current care plan?

When was it last updated?

What changed after the last fall?

How much assistance does she require for transfers?

Who is responsible for providing it?

What are you doing about the weight loss?

What is the plan to prevent this from happening again?

Those are not unreasonable questions.

They are the questions I would ask.

Red Flags I Would Pay Attention To

A care plan is only useful if it reflects reality.

A few things would make me look more closely.

The staff cannot tell you what the plan is.

If different employees give completely different answers about how your family member is supposed to be transferred, fed, repositioned, or supervised, that deserves attention.

The care plan does not change after something serious happens.

A major fall, significant weight loss, new pressure injury, repeated choking, or major decline should cause somebody to ask whether the current interventions are working.

The plan requires care the staffing cannot realistically provide.

A document can say “two-person assist” all day long. If there are not enough people working to provide two-person assistance when the resident needs it, the words on the page do not protect anybody.

The chart says everything happened perfectly.

Sometimes it did.

But when twenty residents supposedly received time-consuming care at nearly the same minute, or documentation repeats identically day after day despite a resident’s decline, I want to look deeper.

The family keeps raising the same concern and nothing changes.

Repeated complaints are information. A nursing home cannot fix a problem it refuses to acknowledge.

What I Look at Besides the Care Plan

The care plan is important, but I would never evaluate a serious nursing-home case from that document alone.

Depending upon what happened, we may compare it against:

  • Minimum Data Set assessments;
  • Nursing notes;
  • CNA documentation;
  • Physician orders;
  • Medication records;
  • Fall-risk assessments;
  • Wound records;
  • Dietary and weight records;
  • Therapy records;
  • Incident reports;
  • Hospital and EMS records;
  • Staffing schedules;
  • Employee time records;
  • Assignment sheets;
  • Payroll-Based Journal staffing data;
  • Call-light information;
  • Electronic health-record audit trails;
  • Facility policies; and
  • State inspection records.

Public records can sometimes provide another layer of information. Families can use our guide to Kentucky nursing home ratings and inspection reports to review CMS ratings, staffing information, complaints, deficiencies, penalties, and survey findings.

I want to know what the resident needed, what the facility knew, what the facility said it was going to do, and what actually happened.

Those are four different questions.

Sometimes all four answers line up.

Sometimes they do not.

A Care Plan Is Not Proof of Neglect

This point matters.

A bad outcome does not automatically mean a nursing home was negligent.

Residents of nursing homes are often medically fragile. Falls can occur even when appropriate precautions are taken. People can lose weight because of serious disease. Infections happen. Dementia progresses.

Likewise, finding something in a care plan does not automatically prove a lawsuit.

You still have to determine what happened and whether any failure in care actually caused or contributed to the injury.

But when the nursing home’s own assessment identifies a risk, its own care plan says what should be done about that risk, and the records show the intervention was not provided, that deserves a serious look.

The nursing home’s own documents are often the best place to start.

If Something Has Happened, Ask for the Records

If your family member has been seriously injured in a Kentucky nursing home, do not assume the short explanation you receive over the telephone tells the whole story.

Ask questions.

Ask what the care plan required.

Ask when it was last changed.

Ask what changed after the incident.

And preserve the records.

In serious nursing-home cases, we compare what the resident needed with what the nursing home actually provided. The care plan is frequently one of the documents that helps us make that comparison.

Ross Mann Nursing Home and Medical Negligence Lawyers represents families throughout Kentucky in serious nursing-home abuse and neglect cases involving falls, pressure injuries, medication errors, malnutrition and dehydration, infections, understaffing, choking, and wrongful death.

If something happened to someone you love in a Kentucky nursing home and the explanation does not make sense, call us at (859) 413-3900. We will look at the records and tell you plainly what we think they show.