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more_legal_areas nursing_homeThe establishment of Medicare and Medicaid in 1965 led to the creation of federal nursing home regulations for the first time. Any nursing homes that qualify and voluntarily elect to use Medicare and Medicaid must fellow the nursing home regulations set out by the federal government. The enforcement of these nursing home regulations is carried out by the Health Care Finance Administration section of the United States Department of Health and Human Services.
The first set of federal nursing home regulations was authorized by Congress in 1967, with updates in 1980 and 1987. These nursing home regulations require that each facility provide care that enables their patients “to attain or maintain the highest practicable physical, mental, and psychosocial well-being”. The facilities must allow patients a choice in activities, schedules, and health care, must provide 24 hour licensed practical nurse care every day, with at least one RN on duty at least 8 hours every day. The federal nursing home regulations also mandate that the State must establish, monitor, and enforce state licensing and federal standards.
In addition to federal nursing home regulations, many states and local authorities have their own specific nursing home regulations that are intended to protect the residents of nursing homes. Violation of state or federal nursing home regulations can lead to the shutdown of the nursing home facilities, or in less extreme cases, punitive measures such as fines.
If a nursing home is operating in violation of nursing home regulations, the residents may be eligible for some form of financial compensation, for pain and suffering, the cost of transferring to another facility, punitive fines, etc. If you suspect that a residential facility used by yourself or a loved one is not meeting nursing home regulations, you may wish to contact an attorney to discuss your legal options.
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