Elder Abuse Laws Applicable To Nursing Homes In The USIn 1987, the US federal government responded to several complaints of widespread neglect and abuse of elderly patients in nursing homes throughout the country. It then enacted a series of elder abuse laws. These laws established a framework within which nursing homes participating in Medicaid and Medicare programs were to function. The laws are known collectively as the Omnibus Budget Reconciliation Act (OBRA) of 1987 or alternatively as the Nursing Home Reform Act. They provide that certain requirements be satisfied by nursing homes in respect of the quality of nursing care provided by them to elderly patients. Under the laws, nursing homes throughout the US must lay down a written plan of care towards elder in-house patients. The plan must result in the highest practicable, psychosocial, mental, emotional, and physical well-being of each resident through activities and services without abuse towards or neglect of the inmates. Proven failure to keep within the laws would straightaway pull out a nursing home from federal funding under Medicaid and Medicare as also take away their practicing and operating license. The US law requires compliance by nursing homes to federal requirements for facilities that provide long term care of nursing home inmates. The laws are covered at length under the US Code of Federal Regulations (42 CFR Part 483). The above laws require that a nursing home have sufficient nursing staff to take care of all the residents which they admit in it. Moreover, a nursing home is required by the laws to assess the functional capacity of each resident and accordingly develop a nursing care plan that suits each such resident. A nursing home must take adequate care of the requirements of an inmate towards good nutrition, grooming, communication, eating, bathing, dressing, exercise, hygiene, and movement, besides of course medication. These requirements are more so emphasized under the laws in respect of those elderly patients who are not in a position to carry out their daily routine activities. It is imperative that nursing home staff ensure that the bed sheets of such patients are changed regularly to prevent infection. Furthermore, the position of patients is required to be changed by nursing home staff to prevent bed sores or pressure sores. In respect of elderly patients, who face the issue of urinary incontinence, the care providers of nursing homes are required under the laws to provide the requisite treatment and nursing services. This is to ensure as normal bladder functioning as is possible under the circumstances. In case, a nursing home fails to provide the above services to in-house patients or indulges in wrongful practices, the errant care provider can be prosecuted under the above laws. Although the abuse in case of injuries or death resulting from it to inmates cannot be adequately compensated under elder abuse laws, they can ensure monetary claim to families of elderly victims of nursing home neglect. Nursing Home Negligence And Abuse Terms Of Use Contact Privacy Policy |