Federal Laws for Nursing Homes
Older American Act , 1965This Act created the Administration on Aging, authorized grants to states for aging-related community planning, services programs, research, demonstration and training projects; called for the development of State Units on Aging; and the “Aging Network,” a web of federal, state, and local agencies linked together to focus on social services and other programs primarily targeted to older adults living in their homes.
Nursing Home Reform Act, 1987
In response to reports of widespread neglect and abuse in nursing homes in the 1980s, Congress enacted legislation in 1987 to require nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care. This law is included in the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), also known as the Nursing Home Reform Act. It specifies 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..."
The Act was passed to ensure that nursing homes residents’ rights were maintained. It entitles all nursing home residents to receive quality care and live in an environment that maintains or improves the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of property or funds. Neglect and abuse are criminal acts whether they occur inside or outside a nursing home. Residents do not surrender their rights to protection from criminal acts when they enter a facility.
To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
Residents’ Bill of Rights
The right to freedom from abuse, mistreatment, and neglect
The right to freedom from physical restraints
The right to privacy
The right to accommodation of medical, physical, psychological, and social needs
The right to participate in resident and family groups
The right to be treated with dignity
The right to exercise self-determination
The right to communicate freely
The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
The right to voice grievances without discrimination or reprisal.
Required Services
Under the regulations, the nursing home must:
Have sufficient nursing staff.
Conduct initially a comprehensive and accurate assessment of each resident's functional capacity.
Develop a comprehensive care plan for each resident.
Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to communicate.
Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal oral hygiene.
Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities.
Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing.
Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible.
Ensure that the resident receives adequate supervision and assistive devices to prevent accidents.
Maintain acceptable parameters of nutritional status.
Provide each resident with sufficient fluid intake to maintain proper hydration and health.
Ensure that residents are free of any significant medication errors.
Promote each resident's quality of life.
Maintain dignity and respect of each resident.
Ensure that the resident has the right to choose activities, schedules, and health care.
Provide pharmaceutical services to meet the needs of each resident.
Be administered in a manner that enables it [the nursing home] to use its resources effectively and efficiently.
Maintain accurate, complete, and easily accessible clinical records on each resident.
The elder abuse attorneys at Williamson & Lavecchia, LC are experienced at representing victims of abuse at nursing homes and assisted living facilities. Please contact us at (804) 288-1661 to see if we can assist you.
