Nursing Homes and Skilled Care Facilities Must Adhere to Federal Regulations, Statute, and Guidelines
Certain residential and skilled care facilities are governed by higher regulatory and statutory standards of care than other facilities. The level of care a facility offers may determine whether a patient or resident has suffered neglect or elderly abuse under the law.
Here’s a brief overview:
Four Types of Health Care Facilities
Federal regulations governing how a facility must operate often depend on how an institution is classified. Generally, nursing and residential care facilities can be classified in one of four ways:
- adult boarding facilities,
- residential care facilities
- intermediate care facilities
- skilled nursing facilities
State and federal elder abuse laws regulate skilled nursing facilities and intermediate care facilities, particularly with respect to their participation in Medicare and Medicaid.
These facilities are typically nursing homes and long-term care facilities that furnish shelter, prepare nutritious food and provide nursing and daily care for sick, aged, or infirm persons. These facilities may have obligations related to developing patient care plans, overseeing patient care, and ensuring that patients remain healthy, and safe from harm.
National standards for nursing homes serving as “extended care facilities” are contained in the Federal Medicare Health Insurance Program for the Aged.
Standard of Care under Federal Nursing Home Regulations
A resident in a nursing facility that participates in the Medicare program has the right, under the statute, to be free from:
- verbal,
- sexual,
- physical and mental abuse, and
- any physical or chemical restraint that is imposed for purposes of discipline or convenience.
Guidelines to Uphold Federal Elder Abuse Laws
Under federal elder abuse law guidelines, each nursing facility must develop and implement written policies and procedures prohibiting mistreatment, neglect, or abuse of residents.
Each facility must also ensure that all alleged violations of the preceding policies are immediately reported to the facility administrator or other officials and must demonstrate that all alleged policy violations are thoroughly investigated. Additionally, facilities must prevent further potential abuse while an investigation is in progress, report investigation results to the administrator or other officials within five working days of the alleged incident, and, if the alleged violation is verified, take appropriate corrective action.
A resident in such a nursing facility is entitled to receive verbal and written notice of the rights and services in the facility to which he or she is entitled under the Federal Nursing Home Regulations. This notice must be given prior to or upon admission, and periodically throughout the resident’s stay, in a language the resident understands.
Get Help & More Information on the Federal Nursing Home Regulations
To report elderly abuse or neglect, contact Adult Protective Services immediately and contact us for legal advice on protecting your loved one or recovering from loss.
You should also research the South Carolina NURSING HOME PATIENT BILL OF RIGHTS.
We provide dedicated service to our clients, and are not afraid to look through the details to determine what happened, and whether you or your loved ones’ rights were violated. We are cognizant of the fact that you maybe contacting us for help with a difficult and potentially emotional situation. The Strom Law Firm LLC understands that the time following an accident is often difficult for all parties involved.
Contact the Nursing Home Abuse and Neglect Lawyers at the Strom Law Firm LLC at 803-252-4800
Learn More: How to Prove Negligence In Your Nursing Home Abuse Lawsuit
