Philip J. Geib
Nursing Homes
Nursing homes provide around-the-clock professional medical care for patients with chronic illnesses or patients recovering from acute illnesses who need skilled nursing care but do not need to be hospitalized. Also known as long-term care facilities, nursing homes vary by the level of care they provided.
Federal Regulation of Nursing Home Care
Nursing homes are extensively regulated and operate under federal, state, and local laws and regulations. In response to a study commissioned by Congress to examine the state of nursing home care in America, additional laws were enacted in 1987 establishing comprehensive standards for nursing homes. The federal Nursing Home Reform Act (NHRA), part of the Omnibus Reconciliation Act of 1987 (OBRA 87), applies to all nursing facilities and their owners and operators who receive Medicare or Medicaid funds.
NHRA Nursing Home Consumer Rights
- The NHRA requires all Medicare and Medicaid certified nursing homes to care for residents "in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident." The NHRA also accords residents basic human rights of choice, privacy, and autonomy.
- To be free of interference, coercion, discrimination, and reprisal.
- To be free from any physical or chemical restraints not required to treat the residents medical symptoms.
- To be free from verbal, sexual, physical, mental abuse, corporal punishment and involuntary seclusion.
- To have access to all records pertaining to ones self, including current clinical records within 24 hours.
- To receive a written statement of fees, charges, and services.
- To manage ones own financial affairs.
- To participate in resident and family groups.
- To express grievances.
Federal regulations also require nursing home facilities to conduct a comprehensive assessment of each residents ability to function and perform activities of daily living. The assessment serves as the basis for a plan of care that provides goals and strategies to meet a residents medical, nursing, and psychosocial needs. Each resident must be assessed by the nursing home staff within 14 days of admission and then periodically thereafter.
The NHRA outlaws discrimination against residents who are, or may become, Medicaid recipients. A nursing home cannot:
- Require that a resident agree not to apply for Medicaid benefits;
- Solicit or receive any gift, money, or donation as a precondition of admission;
- Require that a friend or family member guarantee payment.
If you have questions regarding the care that you or someone under your charge has received, please give us the opportunity to speak with you. We offer a free initial consultation and as always will come to you if needed.