Using Law and Regulation to Protect Nursing Home Residents When Their Government Fails Them

Return to www.nursinghome411.org or LTCCC's homepage, www.ltccc.org.

FULL REPORT OMBUDSMAN SECTION INTERVIEW SECTION LEGAL ADVOCACY SECTION

NEW!  LEGAL RIGHTS BRIEFING FOR CONSUMERS

When a nursing home fails in its responsibility to provide good care for residents,

and government fails to hold the nursing home provider
accountable, it is important that consumers know their options and legal rights.

    

RESOURCE BRIEFS: CONSUMER & OMBUDSMAN ADVISORY ATTORNEY ADVISORY POLICY MAKER ADVISORY

Despite strong legal requirements for nursing homes to provide good care and dignified conditions for residents, the nursing home crisis continues. As a result, too many of our most vulnerable citizens suffer needlessly every day because nursing homes fail to provide good care and the government fails to hold them accountable. OBRA 87, the landmark federal law passed in 1987, requires that every nursing home resident “be provided with services sufficient to attain and maintain his or her highest practicable physical, mental, and psycho-social well-being.” Yet, as we approach OBRA 87’s 20 th anniversary, nursing homes too often continue to be: unpleasant and hostile environments, the agent of harm rather than provider of care & protection, and, for good reason, “the option of last resort.”

  LTCCC’s report identifies the primary legal mandates that are too often disregarded by both nursing homes and government surveillance and provides pragmatic as well as inspiring examples of people and organizations that have overcome systemic hurdles in the fight to protect nursing home residents. “Our goal is to give people insights into the promise that this country has made to every single nursing home resident and the ways in which some have made that promise a reality,” said Richard Mollot, LTCCC’s executive director and author of the report, “We believe that this report will be useful to many people - families, advocates, ombudsman, political leaders and journalists – who aren’t legal scholars or experts but who know there is a crisis and want ideas on what they can do to protect vulnerable residents.”

Some highlights from the report:

  • A lawyer in Washington DC sued the state of California – and won - because it would not implement OBRA’87.
  • A lawyer in New York uses a new state law to sue nursing homes for neglect or abuse. This new approach puts the burden of proof on the facility.
  • A California Supreme Court decision permits the possibility of nonecomonic damages, punitive damages and attorneys’ fees.
  • The DC Ombudsman filed a lawsuit to implement a model transfer and discharge plan.
  • The New Mexico Ombudsman went undercover in nursing homes – which led to new state law to permit this type of activity.

 

 

 


Last Updated: May 17, 2007