Federal Nursing Home Neglect Laws
South Carolina nursing home abuse attorney Andy Arnold concludes A Time to Care: A Guide to Nursing Home Care with a review of federal nursing home neglect laws.
Federal Law
Federal laws and regulations provide the most specific forms of protection for residents of nursing homes. The federal law was enacted in order to "promote and protect the rights of each resident." In order for nursing homes to be a part of the Medicare or Medicaid programs, they have to meet the following requirements:
Accommodation of Needs
Nursing home residents must receive reasonable accommodations of their needs and preferences.
Activities
Nursing homes must provide social activities that reflect the interests of the nursing home residents. Normally provision for activities should be made in the plan of care for each resident.
Admission Policy
No facility may require a third party guarantee of payment or accept any gifts as a condition of residence staying there. They may accept contributions to their facility only if they do not influence admission or continued stay.
Nursing homes may not require residents to waive their right to receive or apply for Medicare or Medicaid benefits.
Facility may charge those residents who are Medicaid-eligible for requested services or items.
Care Plan
A team of nurses, social workers, nutritionist and other therapists must design a care plan which attempts to address all the residents care needs. A resident must be assessed for risk of pressure sores, falls, pain, and harmful drug interactions. A resident must be monitored and any changes must be taken into account in the resident's plan of care.
Choice
Residents have the right to choose their own physician(s).
Residents should be permitted to participate in their own care and treatment.
Dignity
Individual residents will be treated with dignity and respect by the facility and their staff.
Exercise of Rights
Nursing home residents have the freedom to exercise their rights as residents without fear of discrimination, restraint, interference, coercion or reprisal.
Grievances
Grievances may be voiced without fear of discrimination or reprisal. The nursing home must resolve grievances promptly.
Quality of Life
Nursing homes must provide a level of care that enhances the quality of life.
Nursing homes will promptly send and receive resident mail unopened. Residents will have access to writing materials and supplies.
Notice of Bed-Hold Policy
Family members and residents are to receive written notice of state and facility bed-hold policies before and at the time of a transfer.
Notice of Rights and Services
Residents should receive information (in writing and orally) of all of their rights, the applicable rules, and all regulations regarding conduct and responsibilities.
Residents have the right to refuse medical treatment.
Residence may inspect and purchase duplicate copies of their health records.
Nursing homes are obligated to keep residents up-to-date and informed as to their state of health.
Residents may refuse room changes that are requested by the facility.
Residents will be notified of their Medicare and Medicaid benefits. This will be accessible in an appropriate location.
A facility must inform residents of applicable services and charges.
The facility will notify their residents and interested family members of room or roommate changes.
A facility must notify its residents or certain family members of any changes in the rights provided.
Participation in Resident Groups
Residents may participate in any groups that do not violate any laws.
Nursing homes need to provide appropriate spaces for groups and meetings.
If invited by a group or meeting, staff and others may attend the meeting.
A nursing home facility will adequately address any concerns of a group.
Participation in Other Activities
Residents can participate in any activities as long as they do not violate the rights of other residents.
Property
Residents are permitted to retain and use their own personal property as they desire provided that the space is available.
Protection of Funds
Residents may handle their own finances.
Any funds that are deposited to the facility will be handled with the best interests of the depositor.
Deposited funds with the facility will be protected by a security bond.
Deposited funds will not be intermixed with the funds of the facility.
Upon request, the facility must provide a quarterly, personalized financial report.
Restraints
Nursing homes are not allowed to use physical restraints, nor are they allowed to use psychoactive drugs, on residence for either discipline or as a simple convenience. These can only be used if they are for the purpose of treating legitimate medical purposes.
Right of Privacy
Residents have the right of privacy, which includes:
- Personal care
- Medical treatments and Medical Records
- Telephone use
- Visits
- Personal Correspondence
- Family or group meetings
Social Services
Nursing homes must provide those social services that protect or bolster resident's well being.
Staff Treatment
Nursing homes must protect its residents from staff abuse and neglect.
If staff abuse or neglect is suspected or alleged, nursing homes must investigate the incident and report it to the state ombudsman or appropriate state agency (DHEC).
Telephone
Residents must be allowed to use the telephone in private.
Transfer and Discharge
Transfers and discharges is permitted when the nursing home cannot meet the specific needs of a resident or if it necessary to protect the safety of a resident.
In addition, transfers and discharges may occur when the resident no longer needs long-term care services or is unable to make the proper payments.
Nursing homes must provide residents with safe transfers or a discharge.
Residential Environment
Nursing homes must provide an environment that is safe, clean, comfortable, and as close to a normal home as is reasonable. This includes ensuring that residences have clean and adequate baths and as well as clean bed linens.
Nursing homes must provide housekeeping and maintenance services.
Lighting and sound must be maintained at adequate and comfortable levels.
Nursing homes will maintain comfortable and safe temperature levels.
Visitation Rights
Residents may receive or deny visitors.
Nursing homes must allow visitation rights with any state or federal agency that provides health, social, or legal services.
Work
Residents cannot be forced to work or perform services for the facility. And any resident who choose to work for the nursing home must be paid. The nursing home must also keep detail records of the type of work performed.
Greenville Nursing Home Abuse Lawyer
If your elderly loved one has been affected by a nursing home facility that has violated one of these federal laws, you need an attorney with experience with federal and state nursing home neglect laws. South Carolina attorney Andy Arnold has that experience. Contact the Law Office of W. Andrew Arnold in Greenville, SC to schedule a free nursing home neglect consultation.
