Things Nursing Homes Are Not Allowed to Do
It can be a difficult decision to put your loved one in a nursing home. They may feel they are losing their autonomy and become isolated from their support structure. However, they must meet standards of care to maintain their certifications.
With all the oversight, there are things nursing homes are not allowed to do to nursing home residents. Their care and comfort should be of the utmost importance. If not, nursing homes can be held liable if they violate these basic principles.
If you believe a nursing home is in violation, you have rights, and the Nursing Home Law Center can help you get justice for your loved ones.
Federal and State Regulations
Federal and state regulations help ensure minimum standards of care govern nursing homes.
On a federal level, the Nursing Home Reform Act outlines standards nursing homes must uphold to receive government funding. Under this law, they are required to provide patients with the following.
- Nursing and Rehabilitation Services: These can change based on the patient and include specialized services tailored to their treatment plan.
- Social Services: Services that help residents and their families navigate living in a nursing home facility.
- Access to Medication: Residents should have access to and be properly administered their medicine by qualified professionals.
- Dietary Services: All meals should meet the daily nutritional needs of the residents of the nursing care facility.
- Dental Care: Proper dental treatment is a fundamental right for each nursing home resident.
- Mental Health Services: Nursing homes must provide access to mental health services when applicable. [1]
Federal nursing homes will be inspected, and failure to meet these requirements can result in a loss of funding. The Centers for Medicare and Medicaid Services (CMS) govern nursing homes and the regulations they must abide by. [2]
The state certifies that the facilities meet the federal requirements for a skilled nursing facility. The regulations may vary, but overall, they oversee all critical rules about care. This can include resident rights, medical care, staffing requirements, infection control, and more. [3]
Ultimately, the state and federal nursing home regulations help ensure residents have access to safe and skilled treatment. Together, they will improve their quality of life and overall physical and mental well-being. If the facility is not up to standard, it should be held accountable.
Resident Rights
Nursing home residents are among the most vulnerable populations, and we must protect their rights. The CMS has a clearly outlined document that shares the fundamental rights of nursing home residents.
They include:
- Medical Care: Nursing home residents have the right to be informed about their health status and treatment plans. They are entitled to participate in decisions that affect their overall care. You also have the right to make decisions about your care.
- Activities: You should be able to participate in programming that meets your needs physically and socially.
- Respect: All residents have the right to be treated with dignity and respect, as well as be free from discrimination, abuse, and neglect. You have the right to privacy about your care and other personal needs. [4]
Residents and their families have rights; the nursing home cannot violate them. If it does, you can hold it liable under the law.
Common Nursing Home Violations
There are common things nursing homes are not allowed to do because they violate residents’ rights. These behaviors are strictly prohibited. Unfortunately, they can still happen in nursing homes. Here’s what to keep an eye out for to protect yourself or your family members receiving care.
Neglect and Abuse
Nursing home residents may face neglect and abuse while under the care of skilled professionals. The abuse can include:
- Physical: Nursing home residents may be physically assaulted, leading to injuries like broken bones, cuts, bruising, etc.
- Verbal: Yelling, berating, demeaning language, and hurling insults are also forms of abuse in nursing homes.
- Emotional: Patients can face emotional abuse by caretakers or other patients, which can lead them to feel isolated and vulnerable.
- Sexual: Sexual abuse and assault can occur within nursing homes between medical professionals, other patients, etc.
- Financial: Nursing home residents can be financially exploited. People can steal their credit cards, bank accounts, or identities. They can also force them to sign over their personal property, add them to their wills, and more.
Neglect is another form of abuse that can take physical or emotional tolls on patients. It can take many different forms, including:
- Poor hygiene
- Unexpected weight loss
- Bedsores
- Ignored or left alone for long periods
Abuse and neglect cases may be common in skilled nursing facilities that are understaffed, lack proper training, and are underfunded.
Medication Errors
Nursing home residents have the right to receive the proper medication, but sometimes, skilled nursing facilities make mistakes. They can:
- Give patients the wrong medicine
- Administer the wrong dose
- Withhold medicine
This goes against the basic standards of care in nursing homes. Improper medication management could potentially have life-threatening consequences. Some patients may:
- Experience dizziness
- Lose consciousness
- Develop additional health conditions
- Require hospitalization
One mistake in medicine can have severe consequences for a person’s health. Patients may even die if they are not given the right medicine, which is why proper medication management in nursing homes is critical.
Unsanitary Conditions
Nursing homes are home to many vulnerable and immunocompromised patients. If they live in unsanitary conditions, it increases their odds of catching an infection. Because there are many patients in a single location, it can quickly spread through residents.
Infection can spread in the following ways.
- Surfaces: Common surfaces and bedding that are not properly sanitized can spread infection.
- Air: Many germs can be spread by coughing or breathing.
- Lack of PPE: Medical professionals who improperly wear personal protective equipment and need to change it as directed can spread infection from patient to patient.
- Utensils: Germs can live on eating utensils and glasses and spread among residents.
If the nursing home does not maintain proper sanitary conditions, it can have dangerous consequences for its residents. If infections are not taken care of promptly, they can lead to death. Some may even be resistant to antibiotics, which makes them harder to treat.
Privacy Violations
Nursing home residents have the right to privacy and confidentiality, including their medical records. Your personal information should not be disclosed to anyone unless the nursing home has your permission.
Nursing homes can violate HIPPA and face fines. If they continue to leave their patients’ information unprotected, they could even lose funding and irrevocably damage their reputation as skilled nursing facilities.
Denying Access to Family and Friends
Nursing homes do not have the right to deny access to family and friends. Doing so can be a form of abuse. They are isolating their patients from their support system, which can have devastating effects on the patient’s well-being.
Nursing homes that are denying access to family and friends may be trying to hide abuse. If you cannot see your loved one, get a reason in writing. Certain medical conditions may preclude access to residents, but it is rare.
Legal Implications of Nursing Home Violations
If you believe your loved one’s nursing home violates any of the patient’s rights, you have options.
Regulatory Violations
Patient rights violations are taken seriously in nursing homes because they are accountable for federal and state regulations. Nursing homes undergo regular inspections, and continued violations can lead to fines, loss of funding, and even forced closure.
Facilities will no longer be able to cover Medicare or Medicaid services. Patients must find alternative accommodations because their insurance does not cover medical expenses. Federal and state laws are in place to protect the residents and hold nursing homes accountable.
Liability
If you are pursuing legal action against the assisted living facility, you must prove they are liable for the harm that was caused. That means even though they were not directly responsible for the damage, they created the conditions that made the nursing home abuse possible.
Violations against state and federal regulations can be used as evidence in your case.
Resident Rights
Nursing home laws exist to ensure residents receive quality care. They have the right to be protected from violations of their fundamental rights. Family members can pursue legal action on their behalf if they suspect elder abuse, nursing home neglect, or other serious violations.
Reporting Nursing Home Violations
If you suspect nursing home abuse, then you must file a report. Here are the steps you can take to report nursing home violations.
State Survey Agencies
You can contact your state’s health department. They are the agencies that certify assisted living facilities qualify for funding and conduct investigations to ensure they maintain quality care. Complaints can be made confidentially at your state department’s toll-free number.
Federal Agencies
The CMS oversees nursing homes to ensure they meet a federal standard of care, which can be different based on local and state regulations. If they do not meet federal requirements, they can lose their Medicare and Medicaid status. They will no longer receive funding, and all patients with that coverage will be relocated to new facilities.
If you wish, you can report suspected elder abuse in a nursing home to your regional CMS center.
Directly to the Nursing Home
Residents and their families can report nursing home violations directly to the facility. If they face retaliation for their complaint, that further violates nursing home law. Facilities should investigate all reports fairly and impartially.
If the claim is substantiated, nursing homes should take swift action to fix it. Failure to do so can result in serious state and federal consequences.
The Role of a Care Home Lawyer
Care home lawyers like Nursing How Law Center can help protect residents’ rights and address nursing home violations.
Legal Representation
Nursing home negligence and abuse lawyers can help residents and their families file complaints or lawsuits. Residents and their families often feel as if their complaints are not taken seriously by the nursing home unless they retain legal representation. Lawyers can advise you of your rights and help recommend appropriate legal options based on your case.
Advocacy
Care home lawyers are your advocates. They understand how to navigate the complex legal process to advocate for residents’ rights and meet their needs. Lawyers give a voice to vulnerable elders and help prevent mistreatment from happening to others by holding nursing homes accountable.
Investigating Allegations
Lawyers can help investigate allegations of nursing home violations. You can give over your evidence to them, and they can take it one step further. Lawyers can subpoena medical records, video footage, nursing home reports, and more. They have access to more information than most people and use it to build a case.
Once they thoroughly investigate the allegations of nursing home abuse, they help you receive compensation for the abuse. They are committed to seeking justice and protecting the legal rights of residents based in nursing homes.
Contact a Nursing Home Lawyer Now!
You should seek legal advice if you or your loved ones have concerns about nursing home violations. At Nursing Home Law Center, we offer free consultations. We will listen to your complaints without judgment and help you understand your rights.
Contact us today by calling (800) 926-7565 or filling out the contact form on our website to learn more.
References: [1] Nursing Home Reform Act, [2] Centers for Medicare and Medicaid Services, [3] CMS, [4] CMS