Nursing Home Abuse Law

Abuse in nursing homes is a serious offense that happens across the country daily and often goes undetected. While there are state nursing home abuse laws and protections in place, the Federal government also has a nursing home abuse law titled the Nursing Home Reform Act which was signed into place by Ronald Reagan in 1987. This law set into motion minimum standards of care for nursing home residents that are legally required by all long term care and nursing home facilities that receive federal funding. These standards are in place to insure that residents of nursing homes receive a quality of life, not just quality care. The law limits the use of chemical and physical restraints; allows residents the right to have and maintain funds independently, and offers them freedom to file grievances without fear of reprisal. The Nursing Home Reform Act is enforced by the Long Term Care Ombudsman Program and is available for residents and family members to contact for assistance. If there is no solution found through the Ombudsman, there are also professional attorneys who specialize in nursing home abuse law.

Fast Facts

  • The National Center on Elder Abuse states that best estimates are that between 1 and 2 million elderly (age 65+) have been mistreated, injured or exploited by a caregiver.
  • 57% of nurses aids in long term care facilities admitted to witnessing or even participating in acts of abuse.
  • Data suggests only 1 in 14 incidents come to the attention of authorities.

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