Nursing home regulations are put in place to help ensure that residents receive adequate care and protection from abuse or neglect. These regulations cover a wide range of areas, including staffing levels, training requirements for staff, medication management, and the handling of residents’ money.
By setting these standards and regularly inspecting nursing homes to ensure that they are being met, regulators can help prevent negligence and other forms of mistreatment in nursing homes.
The Nursing Home Reform Act of 1987, also known as the Omnibus Budget Reconciliation Act of 1987 (OBRA 87), was a piece of legislation passed by the United States Congress that established federal standards for nursing homes that participate in the
Medicare and Medicaid programs. The act was implemented in order to address concerns about the quality of care provided in nursing homes and to ensure that nursing home residents receive adequate and appropriate care. The law includes provisions that require nursing homes to provide a clean and safe environment, to offer residents a choice of medical providers, and to develop and implement plans of care that are individualized to meet the needs of each resident. It also requires nursing homes to provide residents with the necessary services to maintain their health and well-being, and to allow residents to participate in the decision-making process about their own care.
When a nursing home violates state or federal regulations, it can face a range of penalties depending on the severity of the violation and the number of times it has occurred. These penalties can include fines, the loss of Medicaid or Medicare funding, and in some cases, the loss of the facility’s license to operate. In cases where the violation has resulted in harm to residents, the nursing home may also face legal action from the affected residents or their families. The goal of these penalties is to motivate nursing homes to comply with regulations and provide high-quality care to their residents.
The family members of a nursing home resident can register complaints with the state or federal government if they believe that the nursing home is not providing adequate care or is violating regulations. These complaints can be made to the state agency responsible for regulating nursing homes, or to the federal Centers for Medicare and Medicaid Services (CMS). The state agency or CMS will then investigate the complaint and take appropriate action if necessary. It is important for family members to speak up if they have concerns about the care their loved one is receiving, as this can help ensure that the resident receives the best possible care.