Written By:
Adam H. RosenblumYour Dedicated & Trusted Legal Team
3 Generations & 100+ Years of Combined Legal Experience
The Nursing Home Reform Act
In the mid-1980s, Congress requested a study to investigate the quality of nursing homes across the country. In 1986, the Institute of Medicine found that nursing home patients in every state were being abused, neglected and given inadequate care. As a result of the study, Congress passed the Nursing Home Reform Act (NHRA) of 1987. Nursing home facilities had three years to prepare for the NHRA—which took effect on October 1, 1990. The NHRA applies to all facilities that receive or wish to receive funding from Medicare and Medicaid. The NHRA is meant to ensure that residents of nursing homes receive quality care. In addition, the act provides criteria for all nursing homes to meet in order to receive government funding and establishes the Residents’ Bill of Rights. The NHRA specifies which services a nursing home is responsible for providing residents. Further, the Act establishes standards for these services. Required services include:- Periodic assessments for each resident
- Comprehensive care plans for each resident
- Nursing services
- Social services
- Pharmaceutical services
- Dietary services
- Rehabilitation services
The Residents’ Bill of Rights
Nursing home patients are in a vulnerable stage of their adult life. Some residents require care because of limited physical or mental abilities and others require care because of aging or disease. No matter the reason, deciding to put a loved one in a nursing home is a difficult decision. Families should know that federal law establishes rights intended to protect the dignity of their loved ones. If there is a violation of those rights in any way, families retain the right to seek damages through civil litigation. It is important that families understand exactly what rights their loved ones are entitled to under the NHRA’s Resident Bill of Rights. Nursing home residents have the right to:- Freedom from abuse, mistreatment and neglect
- Freedom from physical restraints
- Privacy
- Accommodation of medical, physical, psychological and social needs
- Participate in resident and family groups
- Be treated with dignity
- Exercise self-determination
- Communicate freely
- Participate in the review of one’s care plan
- Be fully informed in advance of any changes in care, treatment or change in status in the facility
- Voice grievances without the fear of discrimination or retaliation
Rights as a New York State Nursing Home Resident
The New York State Department of Health expands on the federal Resident Bill of Rights. The New York expansions includes the right to:- Dignity, respect and a comfortable living environment
- Freedom to make choices
- The safeguard of money and property
- Freedom from both chemical and physical restraints
- Easy to use complaint system
- Receiving visitors of your choosing at the time of your choosing
Nursing Home Resident’s Right to Dignity
Because of the expanding aging population in the U.S., nursing homes have increasingly become a place where elderly people with complex needs are cared for until death. As a result, physical impairments and being dependent on others threatens the dignity of nursing home residents. Because of the diminished quality of life in most nursing home residents, helping to maintain a resident’s dignity is an important element in nursing home care. Nursing home staff have a responsibility to promote the personal dignity of patients as part of their daily practices. Studies show that personal dignity is closely tied to a patient’s sense of worthiness. Further, these studies link outside circumstances and the actions of others to personal dignity. Several studies note that nursing home staff can enhance or preserve the personal dignity of residents through:- Individualized care
- Restoring a resident’s control or autonomy
- Showing respect
- Advocating for the patient
- Sensitive listening
About The Author
Adam is the founding attorney and principal of Rosenblum Law. With more than two decades of legal experience in numerous areas of law practice, his primary focus is law firm management and business development.
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How to Cite Rosenblum Law’s Article
APA
Adam H. Rosenblum (Aug 20, 2018). Federal Regulations for Preserving Nursing Home Resident Dignity. Rosenblum Law Firm, https://rosenblumlaw.com/federal-regulations-for-preserving-nursing-home-resident-dignity/
MLA
Adam H. Rosenblum "Federal Regulations for Preserving Nursing Home Resident Dignity". Rosenblum Law Firm, Aug 20, 2018. https://rosenblumlaw.com/federal-regulations-for-preserving-nursing-home-resident-dignity/