Understanding Nursing Home Abuse Law

| Saturday, July 27, 2013
By Tim Vanhoy


When you are no longer able to care for your loved one, you can count on nursing homes to step in and provide professional care. You depend on the nursing facility to ensure the safety and comfort of your loved one so they live out the rest of their days in comfort and peace. When a loved one needs a safe place to rehabilitate after surgery or an injury, you can turn to nursing facilities as well. Since you will place the well being of someone you love in the care of the facility, you must choose your facility with absolute care.

You cannot check your loved one into a nursing home and go on with your life. You have to remain active in their lives to ensure that they are being cared for according to nursing home law. This means the nursing home provides a safe facility, delivers medication on time, and properly grooms your loved one. You will make the best decisions on behalf of your loved one if you familiarize yourself with laws pertaining to nursing homes before selecting a nursing home or your loved one.

Do you think Medicare is going to pay for all charges incurred when your loved one stays in a nursing home? This is a common mistake that you will correct if you study the law. Medicare actually stops paying for nursing home charges after the 100th day of your loved one's stay. Medicare will pay in full for your loved one's care for 20 days, and then you must pay $144.50 per day until they reach the 100th day. Further, this coverage can be denied if your loved one does not stay in a hospital for at least three days prior to being admitted into the nursing facility. The hospital's discharge diagnosis and the nursing home's admission diagnosis must match completely.

Medicaid eligibility is determined by the state you live in. If you start gathering information as soon as you can, you will feel more comfortable with your interviewing of the different nursing homes. Your decision will also be more easily made with the assistance of knowledge of the nursing home laws.

There are also federal laws that ensure your loved one receives proper care while staying in a nursing home. For example, every patient entering a nursing facility must be thoroughly assessed, and a functional capacity must be noted. This information is used to develop a care plan that guides the nurses and doctors caring for the patient. Study up on this law as well as other federal guidelines that control the nursing home environment.

Nursing homes are required to provide nutritious meals for your loved one. They are also obligated to ensure they are properly groomed. If your loved one cannot bathe or dress themselves, then the facility must take care of that for them. The same goes for using the restroom, feeding themselves, and communicating with other people. The ability to do these things is noted when your loved one enters the facility, and those skills should not deteriorate while they are in the facility.

It is also the responsibility of the nursing staff to make sure your loved one is fed nutritious foods and kept well hydrated while they are in the facility. Hydration is important to your loved one's overall health. Nutritious foods can help reduce the risk of your loved one developing bed sores. Proper hydration and nutrition may also prevent other health complications during the recovery process.

What happens if your loved one does develop a pressure sore while in the nursing home? The nursing staff is obligated to immediately address the problem so it does not grow into multiple sores that cause considerable discomfort or pain for your loved one. The nursing staff must also properly treat all problems that develop with your loved one while in the nursing home, and that includes problems with your loved one's bowels.

It is important to understand that a nursing home is not required to provide around-the-clock care. They are not required to dedicate nursing staff only to the care of your loved one. What they are obligated to do is ensure your loved one is properly monitored by the right equipment and attended to in an efficient manner. They must provide enough care to ensure the health and well being of your loved one.

Pharmaceutical services are to meet the needs of each resident. The home is also responsible to ensure that the residents are free of medication errors. The residents also have the right to receive proper treatment to maintain vision and hearing abilities. The nursing home is responsible by law to maintain accurate and accessible clinical records on each of its residents, including medication records.

Finally, nursing home facilities are legally bound to ensure your loved one has a high quality of life while they are recovering or living in the facility. To ensure this happens and your chosen facility is up to the standards required in your state, it is important to familiarize yourself with your state's laws. Every state lists different laws that nursing homes must abide by.

Your loved one should never face discrimination, neglect, or abuse while in the care of a nursing home. Restraints are no longer legal for nursing home residents, and your loved one should receive help and proper care for all problems experienced while in the facility. It is your job to know the laws and thoroughly investigate a facility before admitting your loved one for care. Make sure the facility is meeting state and federal requirements for care.




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