Federal Regulations Regarding Nursing Home Neglect

The United States Code of Federal Regulations (42 CFR Part 483) mandates that all nursing homes providing long-term care that receive Medicare and Medicaid funding be in compliance with federal regulations. These regulations protect nursing home residents from neglect, abuse and exploitation.

Nursing Home Reform Act

• The Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), also known as the Nursing Home Reform Act, specifies that nursing homes must provide services and activities to attain and maintain the overall well-being of each resident. The U.S. Code of Federal Regulations (42 CFR Part 483) is included in this legislation.

Residents' Rights

• Residents of nursing facilities are entitled to exercise their civil and constitutional rights and to be free of coercion, reprisal and discrimination when exercising their rights.

Physical Abilities and Assistance

• Nursing homes are required to provide services that prevent the decline of the resident's ability to perform normal, every day activities, including communication. They are also required to provide services to maintain healthy nutrition, grooming and oral hygiene if the resident is unable to perform these activities. Residents must also be adequately supervised and have the use of assisting devices as necessary to prevent accidents and injuries.

Pressure Sores

• Residents must receive adequate care to prevent pressure sores and receive treatment for existing pressure sores to prevent infection or more sores from developing.

Nutrition

• Nursing homes are required to maintain adequate nutrition for each resident. Residents must be provided with enough fluids to maintain adequate hydration and health.

Staffing

• Nursing homes must employ adequate staff to provide services for each resident. Additionally, there must be adequate staff on duty during each shift to provide these services.