Nursing Home Abuse and Nursing Home Neglect Informational Resource

Nursing Home Reform Act

Everyone who has a family member or loved one in a Nursing Home should be aware of the laws and have the information needed to ensure that their loved one's live comfortably in their nursing home.

At the request of Congress, the Institute of Medicine conducted a study and found that residents of nursing homes were being abused, neglected, and given inadequate care. The Institute of Medicine proposed sweeping reforms, most of which became law in 1987 with the passage of the Nursing Home Reform Act, part of the Omnibus Budget Reconciliation Act of 1987 (OBRA).

Nursing Home residents have rights and in 1987, Congress passed the Nursing Home Reform Act to ensure that these rights were maintained. The Nursing Home Reform Act entitles all nursing home residents to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of property or funds. Neglect and abuse are criminal acts whether they occur inside or outside a nursing home. Residents do not surrender their rights to protection from criminal acts when they enter a facility.

Resident's Bill of Rights - Nursing Home Reform Act

To ensure quality care in nursing homes, the Nursing Home Reform Act requires that certain services are given to residents, which provide for the Residents' Bill of Rights.

The Nursing Home Reform Act established the following rights for nursing home residents:

  • The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
  • The right to voice grievances without discrimination or reprisal.

 

Required Services - Nursing Home Reform Act

The Nursing Home Reform Act requires that certain services be provided to residents of nursing homes and establishes the criteria of services to be provided. Some of the required services include:

  • Periodic assessment of each and all residents;
  • Development of a comprehensive care plan for each and all residents;
  • Access to nursing services;
  • Access to social services;
  • Access to rehabilitation service;
  • Access to pharmaceutical service; and
  • If there are more then 120 beds present at the nursing home, access to a full-time social worker.

 

Nursing Home Surveys and Certification - Nursing Home Reform Act

In order to meet the standards of the Nursing Home Reform Act, the law established a strict certification process that requires the states to conduct periodic surveys of nursing homes. These surveys are to be unannounced and include resident interviews at least once every 15 months. More specifically, the surveys focus on the overall quality of care, quality of life and quality of services provided to residents in nursing homes.

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