Parker Waichman LLP

Nursing Home Legislation and Regulation Lawsuits

  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 […]

Nursing Home Legislation

 

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 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-YOURLAWYER (1-800-968-7529).

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