Preserving the rights of nursing home patients is essential. Various federal and state laws were formed to protect residents from abuse and neglect. Becoming familiar with these laws is important to safeguard oneself or a family member from becoming the next victim. It is vital for detecting existing abuse or neglect.
In the 1980’s, reports of neglect and abuse in nursing homes was prevalent. In 1987, Congress enacted legislation to compel nursing homes to participate in the Medicare and Medicaid programs and comply with certain requirements for quality of care. This law is included in the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), also identified as Nursing Home Reform Act. This stipulates that a nursing home “must provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care, etc.”
Nursing homes must comply with the federal requirements for long term care to participate in the Medicare and Medicaid programs, as approved in the U.S. Code of Federal Regulations (42 CFR Part 483).
Under the regulations, a nursing home must:
- Have adequate nursing staff. (42 CFR §483.30)
- Conduct initially a comprehensive and accurate assessment of each resident's functional capacity. (42 CFR §483.20)
- Develop a comprehensive care plan for each resident. (42 CFR §483.20)
- Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and move, toilet, eat, and to communicate. (42 CFR §483.25)
- If a resident is unable to carry out activities of daily living, to supply the necessary services to maintain good nutrition, grooming, and personal oral hygiene. (42 CFR §483.25)
- Ensure each resident receives proper treatment and assistive devices to maintain vision and hearing abilities. (42 CFR §483.25)
- Ensure each resident does not develop pressure sores. If a resident has pressure sores, to provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25)
- Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)
- Ensure each resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)
- Maintain acceptable boundaries of nutritional status. (42 CFR §483.25)
- Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR §483.25)
- Ensure residents are free of any sizeable medication errors. (42 CFR §483.25)
- Promote each resident's quality of life. (42 CFR §483.15)
- Maintain dignity and respect of each resident. (42 CFR §483.15)
- Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)
- Provide pharmaceutical services to meet the needs of each resident. (42 CFR §483.60)
- Be administered in a manner that enables the nursing home to use its resources effectively and efficiently. (42 CFR §483.75)
- Maintain accurate, complete, and easily accessible clinical records on each resident. (42 CFR §483.75)
Any nursing home receiving federal funds must comply with federal legislation that demands a high quality of care. All states must fulfill these regulations at a minimum. However, some states have implemented tougher laws. Your local Department of Health should have specific regulations pertaining to your state.
If you feel your rights or your loved one’s rights have been violated in a nursing home, contact me today. If you need Nursing Home Abuse Lawyer in the San Antonio area, call me at 210-227-1888. Initial consultations are always free and confidential.