Nursing Home Residents’ Rights

More than two decades ago, the U.S. Congress requested that the Institute of Medicine conduct a study regarding the care of nursing home residents.  The study’s findings were alarming. According to researchers, nursing home residents were often the victims of abuse and neglect.  It was also found that they were not receiving adequate care.  As a result of this study, the Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act of 1987, established guidelines for nursing homes.

Nursing home residents are now protected under the Nursing Home Reform Act and are given certain legal rights.  Nursing home facilities that receive Medicaid or Medicare must provide specific services to residents, including a comprehensive care plan, nursing services, social services, rehabilitation, periodic assessments, dietary services and pharmaceutical services.  If the nursing home has more than 120 beds, there must be a full-time social worker.

One of the major changes that came about as a result of the Nursing Home Reform Act had to do with mandatory reviews.  At least every 15 months, an inspector will go to a nursing home to conduct a survey, which includes interviews with residents.  The survey is unannounced and focuses on the rights of residents, quality of care, quality of life and services being rendered.  If there are complaints being made about a nursing home, a complaint investigation will be initiated.

If a nursing home is in violation of the Nursing Home Reform Act, a citation or deficiency notice will be issued.  The severity of the citation depends on the violation.  Remedies will be given to correct the violation.

Nursing home abuse is devastating for the victim and the victim’s family members.  If you feel that your loved one may be the victim of nursing home neglect or abuse, contact Dulaney, Lauer & Thomas, LLP at 888-907-2631 for the Warrenton office or 800-741-1012 for the Culpeper office.

The article, Nursing Home Reform Act – Rights of Nursing Home Residents, has more information on this topic.