What is the Nursing Home Reform Act of 1987?
There are many laws in place intended to protect nursing home residents. Of these, the Nursing Home Reform Act of 1987 is one of the most important, as this federal law governs nursing home abuse cases throughout the country. As part of the Omnibus Budget Reconciliation Act, the Nursing Home Reform Act created a Residents’ Bill of Rights to ensure patients are properly taken care of. To ensure the proper care is provided, the Act also outlines minimum standards nursing homes must meet. Below, our Tampa nursing home abuse attorney outlines the main provisions of the Act.
Important Provisions of the Nursing Home Reform Act of 1987
The Act includes many different provisions that are meant to better protect nursing home residents. These include, but are not limited to:
- Creation of a Residents’ Bill of Rights: The Residents’ Bill of Rights is one of the most important provisions in the Act. Residents have the right to be free from abuse and the use of restraints, the right to be treated with dignity and participate in their own care plan, the right to privacy, and more.
- Minimum standards of care: The Act requires nursing homes to create individualized care plans and to accommodate for the physical, medical, social, and psychological needs of residents.
- Staffing requirements: The Act requires nursing homes to provide proper training to all staff members and complete evaluations for nurse aids. A nurses’ aid registry was also created under the Act.
- Greater oversight and enforcement: To ensure compliance, the Act also includes a system of regular inspections of nursing home facilities. When facilities are not compliant, the Act also outlines penalties such as civil monetary penalties, denial of payment for new admissions, and termination from the Medicare and Medicaid programs.
- Regulating psychotropic drugs: Psychotropic drugs alter the brain chemistry to affect thinking, mood, and behavior. The Act requires extensive documentation to warrant the use of such drugs and ensure that residents are not given unnecessary medications.
Has the Act Been Successful?
The Act has made great strides in reducing the physical mobility and function of nursing home residents, particularly by reducing the use of physical restraints across facilities. Many facilities throughout the country have also improved their standards and increased their certification due to the Act.
Still, many argue that the high number of nursing home abuse incidents show that it still persists. There are continued calls for continued improvement and enforcement from advocacy groups in Florida, and throughout the nation.
Call Our Nursing Home Abuse Attorney in Tampa if Your Loved One’s Rights Have Been Violated
If you believe your loved one’s rights have been violated while in a long-term care facility, you need legal help. At Kohn Law, our Tampa nursing home abuse attorney can determine if a violation has occurred, who is liable for it, and help your loved one obtain the maximum compensation they deserve. Call us now at 813-428-8504 or chat with us online to schedule a consultation and to get the sound advice you need.
Source:
aging.senate.gov/imo/media/doc/hr172tl.pdf
