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Nursing Home Legislation and Regulation


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Nursing Home Legislation and Regulation Lawsuits

Nursing Home Legislation and Regulation | Lawsuits, Lawyers | Residents' Bill Of Rights, Abuse, Injury, Negligence, Regulations Not Met

Nursing Home Legislation and Regulation in Brief

  • By law, nursing home residents have the right to live free of physical abuse and nursing home negligence.
  • Nursing home legislation and regulations at both the federal and state level provide minimum standards of care that all facilities must meet, to ensure prevention of nursing home injury and nursing homes abuse.

Nursing Home Negligence Lawyers

The nursing home injury lawyers at our firm have been working for nearly two decades to make sure these nursing home laws and regulations are enforced. If your loved one has been victimized by a nursing home, our nursing home negligence lawyers will use their experience in nursing home injury law to assure that your loved one receives the compensation and care they deserve.

Federal Nursing Home Laws- Nursing Home Injury

A variety of federal nursing home laws and regulations have been enacted over the years to make sure residents' needs are met, and that they are safe from nursing homes abuse and neglect.  Following widespread reports of nursing homes abuse in the 1980s, the U.S. Congress enacted the Nursing Home Reform Act in 1987.  This important nursing home law specifies that a nursing home "must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.

All nursing homes must abide by federal requirements for long-term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483). If a long-term care facility doesn't comply with these important nursing home regulations, it can't participate in the federal Medicare and Medicaid programs.  These nursing home regulations, sometimes referred to as a "Residents' Bill of Rights,” govern staffing levels and ensure that residents' physical, nutritional, medical, and emotional needs are met. Among other things, this nursing home legislation entitles all residents to the right to live in an environment free from neglect, abuse, and mistreatment.  The strict enforcement of these regulations can go a long way toward preventing nursing homes abuse and neglect.

Our nursing home negligence attorneys have years of experience making sure that nursing homes provide residents with a safe environment as mandated by federal nursing home regulations. If you believe your loved one's rights have been violated by a nursing home, our nursing home injury lawyers can help.

State Nursing Home Laws - Nursing Home Negligence

Individual states also have enacted their own nursing home legislation. Sometimes, these state nursing home laws go even further in protecting residents from nursing home negligence than federal regulations. Typically, state nursing home laws require facilities to be licensed in order to operate, provide for annual inspections, set up procedures for handling nursing homes abuse and nursing home negligence complaints, and also impose sanctions for violation of state nursing home regulations. Any reports of alleged nursing homes abuse or nursing home negligence are investigated by the state regulatory agency.

Legal Help For Victims Affected By Nursing Home Negligence Legislation and Regulation

In addition to their experience with federal nursing home law, our nursing home injury lawyers have extensive knowledge of state nursing home legislation and regulation. If your loved one has been a victim of nursing home injury, a qualified Parker Waichman LLP nursing home injury lawyer can help you determine if they were a victim of nursing homes abuse or neglect in accordance with your state nursing home laws or call us at 1-800-LAW-INFO (1-800-529-4636).

Nursing Home Legislation and RegulationRSS Feed

Housing Mentally Ill in Nursing Homes Sometimes Leads to Violence

Mar 24, 2009 | Parker Waichman LLP
Sadly, it seems that nursing homes are increasingly housing the elderly alongside patients with mental illness.  The problem is that, in some cases—said U.S. News & World Report, citing the Associated Press (AP)—violence, sometimes with deadly consequences, has been reported.U.S. News noted that there is insufficient housing in psychiatric units, mental institutions are closing, and nursing homes have more room now that the emerging elder population is healthier or...

Nursing Home Abuse Arrests in Rochester NY

Jan 30, 2009 | Parker Waichman LLP
Two nursing homes in the Rochester, NY area are embroiled in an abuse scandal.  Yesterday, one certified nurse aide at the Kirkhaven Nursing Home in Rochester, and another who worked at the Edna Tina Wilson Living Center in Greece, NY, were arrested as part of a state-wide probe into nursing abuse and healthcare fraud.According to the New York State Attorney Generals office, the aides arrested were 32-year-old Monique Jones, who worked at Kirkhaven, and 47-year-old Nellie Weller, an aide...

Study: Standards Needed for Nursing Home Social Workers

Jan 8, 2009 | Parker Waichman LLP
Low federal standards and inconsistent state laws have caused lapses in nursing home social workers’ qualifications.  Although social workers are integral to nursing home residents’ quality of care, there are vast differences among workers backgrounds based on the first national study on nursing home social workers, said The Press Citizen.  This, according to the findings of a University of Iowa study that surveyed 1,071 nursing home social service directors.The study...

Nursing Homes Rated on New Government Website

Dec 22, 2008 | Parker Waichman LLP
The Centers for Medicare and Medicaid Services (CMS) has launched a Website ranking nearly 16,000 nursing homes.  Reuters Health reports that this is the first-ever federally-managed Website that >ranks nursing home facilities for quality.  "Around three million Americans depend on nursing homes at some point during each year to provide life-saving care," CMS administrator Kerry Weems said in a statement announcing the website launch.   "Most of those...

Nursing Home Workers Charged by Attorney General

Oct 8, 2008 | Parker Waichman LLP
Four nursing home workers caught on tape mistreating a patient  were charged yesterday with falsifying records and endangering a resident at a Suffolk County facility familiar with such problems, according to Attorney General Andrew Cuomo.  This case represents the fourth recent nursing home abuse case in the state, it is the first to originate out of the New York City area in which hidden camera technology was used to obtain evidence against nursing home employees, Cuomo says.Cuomo...

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