When you speak to a nursing home attorney St. Petersburg FL about your loved one’s care in their nursing home, they will explain to you that your loved one is protected by several major pieces of federal legislation. If you are concerned about the care your loved one is receiving or have suspicions they are being abused or neglected, here is an explanation of the protections they have under the law.
The Elder Justice Act
Enacted in 2010 as a part of the Patient Protection and Affordable Care Act, or PPACA, the Elder Justice Act is the most comprehensive federal law that aims to prevent elder abuse. The act created an elder justice coordinating council within the Department of Health and Human Services that focuses on elder abuse and exploitation. The law also allocated $400 million to states for use in adult protective services. An additional $67.5 million was allocated to train and recruit qualified nursing home staff. The law mandates that owners, operators and staff of nursing homes report suspected abuse or neglect, and it established forensic centers to help law enforcement agencies better collect and test evidence of crimes towards the elderly.
The Patient Safety and Abuse Prevention Act
Also enacted in 2010 as another part of the PPACA, the Patient Safety and Abuse Prevention Act established a national background check program for all nursing home staff.
The Nursing Home Transparency and Improvement Act
Under the Nursing Home Transparency and Improvement Act, consumers are provided with access to all of the following information about nursing homes:
- The names of the managers, operators and owners of the facility
- Per resident and per day hours of care
- Rates of employee retention and turnover
- The number of complaints, how serious they were and what their outcomes were
- How much money the facility spends for administrative services, indirect care and direct care
The Federal Nursing Home Reform Act
Before the passage of the PPACA, the lone federal law that provided protections for nursing home residents was the Federal Nursing Home Reform Act. Enacted in 1987, this law is still effective. It requires regular assessments and thorough care plans for residents. It also includes a bill of rights guaranteeing residents all of the following:
- The right to access medical records
- The right to refuse medical treatment
- The right to be provided a written list of the services and fees
- The right to have control over their own finances
- The right to select their own doctor
- Privacy rights
- Confidentiality rights
- The right to keep and use their own personal belongings
If you believe your loved one may be suffering from abuse or neglect, or that they are being exploited, you may need the help of a nursing home attorney St. Petersburg FL.
Contact a Nursing Home Attorney St. Petersburg FL
To speak with a nursing home attorney St. Petersburg FL at Giroux & Associates Inc, call (727) 895-5399.