Several state and federal laws protect residents, including the elderly, in nursing homes. These regulations entitle nursing home residents to privacy, security, and optimal health.
The elder law requires that nursing homes should offer quality services. These services should promote the mental and physical aspect of residents. This should be according to the documented plan of care.
The Nursing Home Reform Act makes up the main guidelines for nursing home laws. The Act has guidelines for each funded nursing home. State and federal laws also allow residents and their loved ones an important right.
They have a right to speak out their complaints about the facility. At times, the elderly can get harmed because of abusive or negligent behavior. If that happens, they can take legal action and hold the nursing home accountable.
Below is a simple guide to the Elder Law and its implications.
History and Background
The Nursing Home Reform Act came into force under the Omnibus Budget Reconciliation Act of 1987. The role of the Nursing Home Reform Act is to regulate nursing homes. The regulations target nursing facilities that seek funding for Medicaid or Medicare services.
The Act ensures that residents get protection in various aspects. These aspects include dignity, privacy, individuality, and medical needs.
Elders in a nursing home should receive the best care. Such care should be free from abuse, isolation, or unsuitable medical treatment.
Rules that Elder Law Requires Nursing Homes to Follow
The Nursing Home Reform Act put in place guidelines for the functioning of a nursing home. Residents in a nursing home must receive a good care plan. The plan should cater to their physical, mental, and psychological welfare.
Each of them stands to enjoy the following rights.
1. Aging Residents Have Basic Rights
Persons in a nursing home should enjoy basic rights like those listed in the U.S. Constitution. Nursing homes should promote the quality of life of patients as much as they can. The physical, psychosocial, or mental state of a resident may not decline if it is avoidable.
Residents have a right to keep banking or personal property funds with the nursing facility.
Residents should bathe, eat, dress, communicate, groom, ambulate, and transfer. Their ability to do these things should not deteriorate unless it’s unavoidable. If the residents are unable to carry out certain tasks, the facility should offer help.
Besides, each nursing facility should have enough employees to meet the residents’ needs.
The elders in a nursing home have a right to take part in the creation of their care plan. Moreover, they have the right to choose their best physician. They should also access their medical documents.
Residents in a nursing home may plan or take part in a resident or family council. Furthermore, residents should be free from inappropriate physical or chemical residents.
2. Health and Safety
The federal nursing home regulations need nursing homes to meet nutritional parameters. This includes providing adequate fluid intake to patients to maintain hydration. They should also provide pharmaceutical services to residents.
It’s essential for nursing homes to undergo inspection. The inspection will enhance the residents’ safety and hygiene. Inspectors ensure there’s proper handling of medication, food, and contaminated materials.
Nursing homes should help patients not to develop bed or pressure sores. Residents who develop these sores must receive appropriate treatment. The treatment should hinder infection, enhance healing, and prevent the recurrence of sores.
3. Full-Time Medical Care Cut-Off
Most states don’t need a person in need of constant nursing care to live in a nursing home. Most nursing home facilities can provide residents increased help with various medical tasks. The tasks include insulin administration, blood glucose testing, and medical management.
But, even quality nursing homes may not admit people that need constant medical care. Thus, if a loved one requires continuous care, consider taking them for home health care. You could also place them in a different skilled nursing facility.
4. The medication adherence rule
Residents reserve the right to control the receipt of medical services. This happens based on informed decision making, including the refusal to take medication. But, in some states, residents must take the prescribed medication or risk discharge.
A reputable nursing facility will record the refusal. They will also get in touch with the resident’s doctor and allowed family members to find a remedy. But, the facilities are not under any obligation to keep elders who put their own health at risk.
The rules on who should provide medications in assisted living homes can be challenging. You should establish which workers have permission to help residents with medication.
Besides, determine the extent of help the law allows them to help and how they deal with related issues. This will help you decide which prospective nursing facility offers adequate help. And their help should suit your senior loved one.
5. The Care Plan Mandate
Most states need workers in a nursing home to assess the needs assessment of every resident. This should happen after admission to create a personalized care plan.
In Georgia, for example, this should happen within 14 days after admitting an elder. The plan is subject to evaluation every year, and whenever the elder’s care requires change.
In California, the care plan of an aging adult must contain a list of their likes and dislikes. It should also contain suggestions for their preferred community-based social activities.
It’s also essential to inquire about the care plan policies of a prospective facility. You should access a document of the current plan whenever you want. Feel free to request the team in charge of care to address any issues and possible changes.
The elder law has many rules for nursing homes. But, only a few of these may apply to an aging person looking to join an assisted living community.
Even so, knowing more about the policies surrounding residential care is important. It will help you to figure out the type of questions to ask potential nursing home providers.
Contact us for any information regarding elder laws.