Is there a law that limits how many residents a Certified Nurse Assistant can care for?

6 answers | Last updated: Mar 13, 2012
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An anonymous caregiver asked...
Is there a law that limits how many residents each CNA (Certified Nurse Assistant)can care for? I have seen one CNA care for up to 20 residents at a time before. Are the laws different for each state?
 

Caring.com User - Carolyn  L.  Rosenblatt
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Carolyn Rosenblatt, R.N. and Attorney has over 40 years of combined experience in her two professions. As a nurse, she has extensive experience with...

I do not know of a law that specifically limits the number of residents a CNA can have at any one time. I don't claim expertise on that point. The See also:
Is it time to consider assisted living for my elderly mother?
law does give some guidance on how many hours per day of nursing care a nursing home resident must receive. The laws that affect nursing facilities are both from the Centers For Medicare/Medicaid Services (CMS) and from state laws and regulations. In that regard, they do vary from state to state. For instance, in California, there is a state law setting nurse/patient ratios in hospitals while other states don't have the same law.

You do not say whether you have a loved one in a nursing home, or what the cause of your concern is. I suspect you are close to the problem of overworked nursing assistants and have raised the question because it affects the care of someone close to you. If that is your situation, it is important to raise your concerns with the facility where you are seeing this overload on CNA's. It does not sound safe. Have you spoken to the director of nursing?

It has been historically true that long term nursing care facilities were understaffed. Whether that is different where you are depends on many factors, including the attitude of the administrators and the availability of CNA's. Many facilities are out of compliance with applicable laws about staffing. I know from my own experience of working as a nurse's aide in nursing homes, lifting, moving, bathing, feeding, dressing, transferring, turning, cleaning and checking bedridden residents that no one can safely care for 20 infirm people like that at the same time. If that is what you are seeing, I hope you will speak up about it and try to get it changed.

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FrancesC said...

I am a CNA in the state of Georgia and I can tell you in Georgia there is not a LAW that regulates how many people a CNA can care for. There are, however, state regulations enforced by the Georgia Department of Community Health that specify what the caregiver to resident ratio must be in assisted living (also known as personal care homes) and nursing homes. You should search your state's regulation web sites to find the information you're looking for or call your local council on aging. Start with http://www.ncoa.org/ and search for your state.

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An anonymous caregiver said...

i am happy with that answer because its so sad to see thosecnas worked to death like that i was one my selfe i took care of 21 patients night and when i got off my shife i socked my feet took ahot bath but my body wouldent let me move the next i cryed because i need my job and i like taking care of my patients but bodys telling me no please give me some advice.

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FrancesC said...

Anonymous: Have you considered working for a health care staffing agency such as Home Instead, Visiting Angels or Bright Star? I don't know what part of the country you're in, but in my area these places are always looking for CNAs to be placed with people who need help. I have worked for a couple of different agencies and the ones I worked for did temporary assignments (one or more days) as well as long-term assignments. I don't know what these agencies pay in relation to a nursing home or assisted living, but in all of the assignments I've had I have done one-on-one care as a CNA. Maybe this is something you could consider, as the work would be at least a little less taxing physically. Hugs and prayers to you and best of luck with what you decide.

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An anonymous caregiver said...

i know what u mean.. i work noc shift full time and i have almost a hole sation to my self and i have 24 - 28 residents it just depends on how many cna we have working that night..... i really think this is not right... cause not just taking care of each and everyone of them i also have to get 5 of them up every morning starting at 5am and i have to have them up by 6:30am when my shift is over... that is to much... i really hope there is a law agains this...

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An anonymous caregiver said...

As I see it there is no answer to the question. My wife come home every night tired as hell, maney time crying because of the abuse that goes on at her job. I am 57 years old and I will not allow to placed in a nursing home where the CNA's are working there life away. Administrators seem not to care and the only thing they are looking for is the money. the revolving door attitude is alive and doing very well. I say CNA's enough is enough stand up for what is right. It is the right thing to do.

ENOUGH

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