Federal Standards for Nursing Home Care

Nursing Home Regulations

Attorneys at our Albuquerque, New Mexico, firm see frequent examples of violations of state and federal regulations governing nursing home care. Below is information about patient rights and nursing home regulations. If you are concerned that someone you know is a victim of nursing home abuse or neglect contact Branch Law Firm® for a free consultation. A lawyer will explain what you can do to help.

New Mexico and federal nursing home regulations are often ignored. If you are concerned about the welfare of a patient do not wait. Please contact an attorney at our Albuquerque office today for a free consultation.

Federal Standards for Nursing Home Care

Nursing homes receive millions of dollars through Medicare and Medicaid. A large percentage of Americans will spend at least some time in nursing homes. These and other factors resulted in the Federal Nursing Home Reform Act of 1987, which set national minimum standards of care and outlined the rights of patients living in certified nursing facilities. These regulations* are intended to provide patients with a high quality of life, not just adequate medical care:

• Patients' ability to perform daily activities will be maintained or improved if possible.
• Each patient will have an individualized care plan.
• Nursing assistants will have a specified amount of training.
• Residents with mental retardation or mental illnesses will have access to services in and outside of the nursing home.
• Residents have the right to safely bank personal funds with the nursing home.
• Patients can choose their personal physicians.
• Patients have access to their medical records.
• Patients have the right to leave the nursing home overnight and return.
• Staff will not use unnecessary physical or chemical restraints (sedation).
• The nursing home will not try to get payment from family members for Medicare or Medicaid services.

In addition to the above regulations the Americans with Disabilities Act (ADA) applies to nursing homes and New Mexico law provides patients with additional rights, including the right to monitor care with a video camera.

Despite New Mexico and federal regulation and required inspections vulnerable adults are still subjected to abuse and neglect. Nursing home administrators, in addition to failing to properly screen, train, and supervise nursing home staff resort to falsification of records to conceal medication errors and other fraud. It is important, if you are concerned about a nursing home resident, that you take appropriate measures to protect him or her.

Call 1-800-828-4529 or e-mail our Albuquerque office. A lawyer will provide a free consultation and help you determine how to proceed.

* Information from the National Long Term Care Ombudsman Resource Center: http://www.ltcombudsman.org/ombpublic/49_346_1023.cfm