Why do state nursing home regulators refuse to see second hand smoke as an abuse against patients.?

The mantra is that the nursing home is the cigar and cigarette smoker's home ....But it is the administration which decides to place the smokers in close proximity to the sickest patients, who cannot object. If thiis treatment causes helpless patients to die of of pneumonia and circulatory failure, nursing home regulators still say it is not abuse.