Nursing Home Abuse and Neglect Laws

Unfortunately, there are circumstances in which residents of nursing homes such as elderly people often experience abuse and neglect resulting in physical, emotional and psychological pain. Nursing homes are strong indicators of negligence and most common problems incurred by the residents include physical and sexual abuse, bedsores, failure to get adequate nutrition, lack of facilities etc. According to nursing home abuse and neglect law every state has abuse protection laws and when a nursing home abuse injury or death occurs, the victims have every right to file a lawsuit against it for the damages incurred.

Federal and state nursing home laws:

Thousands of senior citizens across United states are being abused , neglected or exploited and more than half million reports of abuse against nursing homes are reaching authorizes every year while millions more cases set off unreported.

Since most of the nursing homes in US receive funds from the government it is mandatory that they must comply with federal legislation which calls for excellent quality of care and concern. Therefore if any of the nursing homes violate these standards it is considered as the violation of federal law. Under this nursing home abuse and neglect law the nursing homes are required to create and follow a personalized care plan for each of their residents.

The state laws must also act in accordance with the federal rules and regulations, implementing strict and tough nursing home abuse and neglect law strategies on the quality of service provided. For instance, California State is the leading example which implements strict nursing home regulations protected by the California Elder Abuse & Dependent Adult Civil Protection Act.

Nursing Home Reform Act:

As there were widespread increase of neglect and abuse reports in nursing homes in 1980s, Congress enacted a legislation called Nursing Home reform act in 1987 as a part of the Omnibus Budget Reconciliation Act (OBRA). This Nursing home abuse and neglect law made the responsibility of nursing home care a subject of federal legislation and created a standardized bill of rights for in-patients.

The Nursing home abuse and neglect law brought some changes in federal values to improve the standards of care in nursing homes. Among them the most significant one is that all the nursing homes are required to participate in the Medicare and Medicaid programs that comply with the certain requirements of quality care.

As stated by the Nursing home abuse and neglect law all nursing homes that receives funding from the Medicare and Medicaid programs are required to provide services and activities as per the federal regulations and maintain the highest possible physical, emotional and mental welfare of the residents.


Law Article Archive