Federal Nursing Home Care Reform Act

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A 1986 study by the Institute of Medicine concluded that many nursing home residents were being abused. This study spurred reform efforts that became law in 1987. The Nursing Home Reform Act was passed as part of the Omnibus Budget Reconciliation Act of 1987.

The aim of the reforms was to ensure that patients received the highest practical care to promote their mental, physical and psychosocial well-being. The law established a Resident Bill of Rights and specifies the services that must be provided. Medicare and Medicaid payments will be suspended if the facility does not comply with the reforms. Since nursing homes rely on most of their expenses being funded from these sources, facilities are forced to ensure that their care is up to standard.

Services required for residents include: comprehensive care plans for each individual resident, periodic assessments by professionals, nursing services, rehabilitation services, social services, pharmaceutical services, dietary services, and if the facility houses more than 120 patients , you must employ a full social worker. weather.

The Resident Bill of Rights provides patients with the following:

-The right to be free from abuse, mistreatment and neglect;

-The right to be free of 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 participate in the review of one’s plan of care, and to be fully informed in advance of any changes in care, treatment, or change in status at the facility; Y

-The right to express complaints without discrimination or retaliation

To assess whether nursing homes meet the criteria designated by the Nursing Home Reform Act, the law established a certification process. It requires the state to conduct unannounced surveys and interviews of residents at random times. However, the government did not issue regulations for the process until 1995. If there are specific complaints filed against a nursing home, residents will often be surveyed so that if there is a problem, it can be detected.

If a nursing home is found to be in violation, it may have an opportunity to correct the deficiencies before discipline is imposed. However, the following penalties have been imposed for facilities that do not pass: directed in-service training of staff, directed remediation plan, state supervision, civil money penalties, denial of payment for all new Medicare or Medicaid admissions, denial of payment of all Medicaid or Medicare patients, temporary administration and termination of provider agreement.

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