All nursing homes are required by law to have abuse and neglect policies in place to keep residents safe. Sadly, abuse still occurs because of burnout, understaffing, poor hiring practices, and other factors. Learn more about nursing home abuse and neglect policies and how you can protect elderly loved ones.
State and federal laws mandate that nursing facilities follow policies aimed at preventing abuse and neglect. The goal is to keep residents safe by ensuring they and their families know their rights. Staff members also must be properly trained to prevent and report abuse.
Unfortunately, cases of nursing home abuse and neglect still happen despite these policies. Thankfully, there are ways for victims of nursing home abuse and their families to take action in these situations.
To stay safe, residents and families can:
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Yes, every nursing home must have policies to keep residents safe. It is both state and federal law.
“To protect the well-being of residents, nursing facilities must develop and implement written policies related to reporting allegations of abuse, neglect, mistreatment, injuries of unknown source, and misappropriation of resident property (allegations of abuse or neglect)…It is both required and expected that nursing facilities will report any and all allegations of abuse or neglect to ensure resident safety.”
— Office of Inspector General (OIG)
However, just because policies are in place doesn’t mean they are being enforced. This is why instances of abuse and neglect continue to make national headlines every year.
Nursing home policies are tailored so staff members will be able to properly care for residents and file reports if abuse or neglect occurs. These policies also help residents understand what they can do to make sure their concerns are heard.
Nursing home policies may outline the following rules and procedures:
It is important for residents and their families to understand their nursing home’s policies. This helps everyone to know what to expect and who is responsible for preventing abuse and neglect at every stage.
Nursing home staff members may break policies safe due to a variety of issues.
These issues include:
There are local, state, and federal laws which regulate how nursing homes are allowed to operate. These laws can help keep residents safe and protect them from abuse.
State Laws
Local and state laws regulate a wide range of nursing home procedures. For example, state and local laws often dictate who is allowed inside of nursing homes. During the pandemic, most states and localities passed regulations which severely limited who can travel in and out of nursing homes with the goal of reducing the spread of COVID-19.
Federal Laws
Federal laws control programs such as Medicare and Medicaid, as well as laws that mandate the reporting of abuse by nursing home staff (the Elder Justice Act). Federal laws are in place to ensure that there are national standards for nursing homes which are met everywhere.
These are never good excuses as to why someone violated a nursing home abuse policy – and perpetrators need to be brought to justice.
If you believe your loved one has suffered from nursing home abuse or neglect despite policies being in place to protect them, you need to take action.
You can:
All of these actions can help you protect your loved one and prevent nursing home abuse from worsening. If no action is taken, nursing home abuse or neglect may continue and cause more harm. This can result in a dangerous situation for elder residents.
When nursing home policies fail to keep residents safe, the facility and the staff need to be brought to justice. Nobody’s loved one should have to live at an abusive or neglectful nursing home. Thankfully, there are ways you can take action right now.
Reach out to our team for a free case review. We’ll help you determine if you are eligible to file a nursing home abuse lawsuit that allows you to hold an abusive facility accountable.
Nursing Home Abuse Support Team Last modified: April 29, 2021Written by:The Nursing Home Abuse Center Team
The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.
Get a free legal case review if you or a loved one has suffered abuse or neglect.
