Many nursing home residents have dentures. I can’t tell you how many people have called to us and complained and said, “They threw away or they lost my loved ones dentures and they haven’t replaced them.” What does that mean? That means they can’t eat and they end up getting malnourished because they don’t have a proper diet because they don’t have their dentures. That is a common problem. Every time somebody calls me with that problem, I direct them to 42 CFR section 483.55. It’s entitled dental services. The gist of this regulation is that the nursing home is required to provide adequate dental care to the residents. And if the resident wants to go outside of the facility to go to a dentist, the facility is required to help them arrange transportation to get to the dental appointment. More importantly, with respect to the dentures, it states the facility must promptly within 3 days refer residents with lost or damaged dentures for dental services within 3 days.
I’ve had people call me and tell me that their dad went 6 months without getting his dentures replaced and this regulation requires them to do something within 3 days. It’s unacceptable if your loved one is not getting care. We like to help people in this situation. Even if it doesn’t rise to the level of a lawsuit, we like to let them know what their rights are and sometimes we write a letter to the facility and that solves the problem. But if the family member knows what their rights are and they take this regulation to the facility, 99 times out of 100, the problem solved. If you’re having a problem with your loved one getting dental care or getting dentures in a nursing home, feel free to call Lanzone Morgan.
James Morgan