Nursing homes and long-term care facilities that receive federal
funds must comply with certain federal regulations and laws. These
regulations and laws set out in detail the type and quality of
care that residents in these facilities must receive. Due to the
many reports of nursing home abuse and neglect that surfaced in
the 1980's, in 1987 Congress passed legislation in an effort to
reform nursing home practices and procedures and to set standards
for the care rendered to residents. These laws were incorporated
into the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987)
and is also known as the Nursing Home Reform Act. New Jersey also
requires nursing homes to meet state standards on the type and
quality of care required for residents of these facilities.
Reports from various state agencies note that some of the reported
causes of death of nursing home residents are chronic urinary
tract infections, pressure ulcers and respiratory infections.
Many of these deaths may be preventable. An extensive report on
nursing home care problems in California generated a congressional
hearing and an extensive report to the Special Committee on Aging
of the United States Senate.
While a number of the federal regulations are listed below, a
basic tenet of the Act is that a nursing home or long term care
facility must provide services and care to attain or maintain
the highest practicable physical, mental and psychosocial well-being
of each resident and this care must be given based on written
documentation for each resident, known as an individualized plan
of care.
Your Legal Rights
If you or someone you know has been a victim of nursing home
abuse or health care fraud, you may be eligible to file a claim.
