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Nursing Home Reform Act - Rights of Nursing Home Residents

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Nursing Home & Assisted Living Abuse

The current state of nursing home and assisted living facilities is great cause for concern. For years, Virginia families have brought their loved ones to these facilities in the belief that they are doing right by their parents or grandparents, putting them in the care of those who can devote the time to properly care for them. In too many of these cases, families have found the care to be lacking or even non-existent.

Some of the most urgent problems occurring in nursing homes and assisted living facilities include bed sores and other preventable infections; malnutrition; inadequate or unqualified staffing; sexual assault, physical abuse and emotional abuse. The law firm of Dulaney Lauer & Thomas has represented families who have been betrayed by facilities who promised better care for their loved ones. Because the Commonwealth of Virginia lacks the resources or commitment to properly oversee and enforce the rights of the elderly, it is up to families impacted by this crisis to take action. In many cases, our attorneys have shown nursing homes and assisted living facilities that the pattern of neglect and abuse they practice is unacceptable. We ensure that these institutions make amends for the pain they cause to the elderly and their families.

Are Recent Remedies Enough to Cure the Crisis in Assisted Living?

On March 23rd, 2005, Governor Mark Warner signed into law HB 2512 and SB 1183, legislation designed to address the most urgent failings of the nursing home and assisted living industry in Virginia. The Legislation to Improve Care and Safety of Residents in Assisted Living Homes does the following:

requires licensure of assisted living administrators
increases the maximum monetary penalty per inspection from $500 to $10,000
establishes criteria for assessing penalties by focusing on harm or potential harm to residents
allows for a summary suspension of a facility’s licensure to protect public safety or health
requires medication aides at assisted living facilities to be registered by the Board of Nursing
strengthens disclosure requirements for facilities to tell residents and family members what circumstances would cause a resident to be discharged from a facility
and improves screening of residents with mental health care needs.

These updates in the law are a good start to addressing the myriad problems in assisted living facilities, but with only $4.5 million set aside to enforce them, in most cases it will still be up to loved ones to identify signs of abuse and report them.

As so often is the case in for-profit healthcare environments, new laws alone won’t change the system. Instead, we have found that direct accountability to victims and their families has proven to be the best deterrent to neglect and abuse.

In the counties of Loudon, Prince William, Fauquier, Culpeper, Madison, Orange and throughout Virginia, the attorneys of Dulaney Lauer & Thomas are here to help families take effective action against facilities that mistreat the elderly. We’ve represented many families whose loved ones have suffered from neglect due to inadequate staffing, malnutrition, lack of sanitation, and physical and sexual abuse. We know the homes and the companies that have failed in their pledge to deliver quality care for the elderly, and we know the steps to take to punish this neglect. If you have concerns about the treatment of a loved one in an assisted care or nursing home facility, contact our offices today for responsive legal help.

Library for Nursing Home & Assisted Living Abuse:

Nursing Home Reform Act - Rights of Nursing Home Residents
Description: Virginia nursing home residents are given certain rights and services under the Nursing Home Reform Act. This article discusses the details of this law and the standards that it establishes. If you suspect that your loved one is the victim of nursing home abuse or neglect call Dulaney, Lauer & Thomas, LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.

Web Resources for Nursing Home & Assisted Living Abuse:

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Dulaney, Lauer & Thomas, LLP
98 Alexandria Pike
Suite 11
Warrenton, VA 20186

Phone: 888-907-2631

DULANEY, LAUER &
THOMAS, LLP

Warrenton Office
98 Alexandria Pike
Suite 11
Warrenton, VA 20186
Toll Free: 888.907.2631
Local: 540.349.2631
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Culpeper Office
209 N. West Street
Culpeper, VA 22701
Toll Free: 800.741.1012
Local: 540.825.6046
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