If you or a loved one has been harmed while a nursing home resident, contact an attorney for advice about protecting your legal rights and seeking recompense for injury.
Nursing homes are institutions that furnish shelter, feeding, and care for sick, aged, or infirm persons. They are not strictly considered hospitals, in that they do not necessarily render medical treatment, but may be considered hospitals for certain purposes, depending on various laws that govern their operation.
Federal regulations distinguish among four types of healthcare facilities, starting with those that offer the lowest level of nursing care, ” adult boarding facilities,” then ” residential care facilities,” ” intermediate care facilities, and finally, those that offer the highest level of nursing care, ” skilled nursing facilities.” Different standards apply depending on how an institution is classified. State and federal governments regulate skilled nursing facilities and intermediate care facilities, particularly with respect to their participation in Medicare and Medicaid. National standards for nursing homes serving as ” extended care facilities” are contained in the Federal Medicare Health Insurance Program for the Aged.
A resident in a nursing facility that participates in the Medicare program has the right, under statute, to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. Restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to ensure the safety of the resident or other residents. The Secretary of Health and Human Services has the authority to specify circumstances in which emergency use of restraints is permitted until such an order can reasonably be obtained.
Under federal guidelines, each nursing facility must develop and implement written policies and procedures prohibiting mistreatment, neglect, or abuse of residents. Each facility must also insure that all alleged violations of the foregoing policies are immediately reported to the facility administrator or other officials, and must demonstrate that all alleged policy violations are thoroughly investigated. Additionally, they must prevent further potential abuse while an investigation is in progress, report investigation results to the administrator or other officials within five working days of the alleged incident and, if the alleged violation is verified, take appropriate corrective action.
A resident in such a nursing facility is entitled to receive verbal and written notice of the rights and services to which he or she is entitled during his/her stay in the facility. This notice must be given prior to or upon admission, and periodically throughout the resident’s stay, in a language the resident understands. The resident must acknowledge his or her receipt of such notice in writing.
If you or a loved one has been harmed while a nursing home resident, contact an attorney for advice about protecting your legal rights and seeking recompense for injury.
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representatives of the state and federal governments.
