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Oct 18, 2015 by |

The 1987 Nursing Home Reform Act

ATTORNEY NEWSLETTER

The Nursing Home Reform Act was established by Congress to protect nursing home residents, especially their privacy, dignity and medical needs. It ensures they receive the care necessary for mental, physical and psychological well-being.

The Nursing Home Reform Act ensures each resident will not be abused, receive improper medical treatment, or be isolated.

For this reason, The Nursing Home Reform Act provides a list of rights: for example, the right to be admitted without a third-party guarantee as a condition of admission, the right to be treated with dignity, the right to reasonable accommodation, the right to participate in planning care and treatment and any changes in care and treatment, the right to informed consent in a language patient can understand, the right to refuse treatment, the right to privacy, confidentiality, and visitors, and the right to appeal hearings.

Furthermore, the Nursing Home Reform allows surveys on nursing homes. In a period of 15 months at irregular intervals, these surveys have to be achieved including interviews with the residents. Afterward, if there are complaints, the surveyors have to investigate.

In addition, California has completed this reform by introducing additional rights: principally, a contract may not require the resident to provide advance notice of voluntary discharge, arbitration agreements may not be required as a condition of admission, an arbitration agreement may be rescinded by the resident or his or her agent within 30 days of signing it, and a third party guaranty of payment may not be a condition of admission.

If you feel the your rights or those of a love one have been abridged, or that you have been taken advantage of by nursing home staff or caretakers, please contact Evans Law Firm at (415) 441-8669. Evans Law Firm practices elder law, pursuing cases involving elder abuse, both financial and physical, investment, insurance and banking fraud, and Medicare and Medicaid fraud.

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