Things Nursing Homes Cannot Do: What You Should Know

• Nursing homes are institutions for old people who cannot live independently due to health issues, whether it is mental or physical. While nursing homes contribute significantly to the lives of several seniors and their families, it’s essential to understand your rights as a resident or as a family member of someone residing in one. Knowing the  which things nursing homes are not allowed to do assures that vulnerable people get the proper care and treatment.
• Whether you are looking to place a loved one in a nursing home or want to know your rights as a resident, knowing what’s legally prohibited will help you advocate for quality care and protection. This post details the legal limits of nursing home operations and offers some very enlightening insight into the which things nursing homes are not allowed to do

What Are Nursing Homes?

• Nursing homes, sometimes referred to as skilled nursing facilities (SNFs), are residential institutions that provide comprehensive care services for older adults, including 24-hour medical care, assistance with ADLs such as bathing, dressing, and eating, and rehabilitation services, including physical therapy. Tends to serve individuals with needs that cannot be met at home or even in assisted living facilities.
• Since nursing homes take care of some of the most vulnerable members of society, the government enforces strict regulations to ensure that its residents are protected from neglect, abuse, and other forms of dangerous practices. State regulations do differ, but they basically follow the guidelines set forth by the federal government by the Centers for Medicare and Medicaid Services.

 Why Knowing What Nursing Homes Can’t Do Is Important

The things nursing homes are not supposed to do is a means of avoiding mistreatment or poor care. You will, therefore, enjoy the following advantages.

– Know when a nursing home is outside the regulated actions
Advocate for proper care to your relatives
Report any incidents of neglect, abuse, or illegal activities
Avoid putting your family members in low-standard facilities

This article explores some of the most impactful things nursing homes cannot do, plus applicable laws governing these practices.

1. Nursing Homes Can’t Deny Care Based on Ability to Pay

• Arguably, one of the most important rights of nursing home residents is access to care, regardless of financial status. Under both federal and state law, things nursing homes cannot do include refusing care or evicting a resident solely because they are unable to pay for services.
• A nursing home cannot discriminate based on the ability to pay if a resident is on Medicare, Medicaid, or other public assistance. The nursing home also must provide adequate notice of a decision to discharge or transfer a resident so family members may make alternative arrangements.
• For instance, Medicaid-eligible residents cannot be evicted from a nursing home without their consent unless they are a threat to themselves and others, or the facility lacks the ability to provide proper care for the patient.

 2. Nursing Homes Cannot Neglect Residents

• Neglect in the nursing home is one of the worst things families fear. Things nursing homes cannot do: Such include some basic needs: food and water, hygiene, medical care, and safety. Neglect can also be actual neglect: such as failure to administer scheduled medication, assist with personal care, or monitor a person’s physical and emotional well-being.
• Under the Nursing Home Reform Act, nursing facilities shall provide care that ensures resident’s safety, comfort, and dignity. Failure in so doing may lead to sanctions or legal action against such facilities. Neglect often precipitates severe consequences for patients or residents, such as developing bedsores, infection, malnutrition, dehydration, and physical harm due to injuries.
•  Examples of neglect include:
  No medical explanation for weight loss and dehydration
  Poor personal hygiene condition
  Untreated medical condition, wounds
  – No social interaction and emotional care.

3. Nursing Homes Shall Not Restrain Residents Physically Except When There is a Legal Ground**

• Physical restraints are allowed only under specific conditions and only when the affected person or his or her representative agrees on this. What is prohibited for nursing homes include the use of physical restraint
  For the sake of convenience of the health professionals or as a measure of punishment. Physical restraint results in bodily harm and mental stress. If carried out wrongly, physical limitation may even result in death also.
• According to federal laws, the management of residents requiring assistance for mobility, or those dealing with behavioral problems or any form of illness, requires that nursing homes adopt least restrictive measures. A similar provision has been directed toward chemical restraints which are a type of medical intervention resulting from medications. To illustrate this further, an example under this type would be a prescription involving the use of antipsychotic drugs just for the purposes of causing sedation except when its use becomes a medical requirement for dealing with a recognized condition.

The use of restraints must be regularly reviewed with the intention of ensuring that the rights and well-being of the residents are being met.

4. Nursing Homes Cannot Abuse Residents

• Any form of abuse that occurs in a nursing home is both unethical and illegal. Things nursing homes are not allowed to do include any form of abuse-physical, emotional, sexual, or financial. Abuse may take the form of hitting or slapping a resident or emotionally manipulating or isolating them. Financial abuse-specifically, using a resident’s personal finances for your own good-is a serious violation.
• Federal law requires nursing homes to shield its residents from abuse and immediately report allegations. So, family members or advocacy groups must be vigilant to these forms of abuse, such as bruises, withdrawal, sudden financial changes, or unusual behavior.
•  Types of abuse:
  – Physical abuse: infliction upon a resident by hitting or slapping and rough handling
  – Emotional abuse: Threats, insults, or humiliation
  – Sexual abuse: Unwanted or inappropriate sexual contact
  – Financial exploitation; stealing from or manipulating a resident

 5. Nursing Homes Cannot Isolate Residents Without Justification

• Isolation is an abusive practice that affects the ability of a resident to build new relationships, maintain their emotional and physical well-being. Things nursing homes cannot do include isolate a resident from other residents or family members unnecessarily.
• Under federal regulations, the residents should be socialized and allowed to participate in group activities except for medical illness that would lead to undue harm to them. Residents are not to be isolated for convenience or as punishment. Isolation is strictly prohibited due to the mental and emotional growth residents achieve through socialization.

 6. Nursing Homes Must Provide Prior Notice Before Evicting or Discharging Residents

• A nursing home cannot arbitrarily throw out or discharge a resident. What nursing homes cannot do includes the discharge of a resident without notice or good cause. The federal government requires that any discharge or termination of a resident of a nursing home be documented in writing with the stated reason for the termination, and date of effect, together with details on how the rights of the resident to contest the decision shall be pursued.
• Nursing homes should follow strict procedures when discharging their residents, such that no one can be discharged from the nursing home without proper care or transportation.

 7. Nursing Homes Cannot Deny Residents Medical Care Needed

• One of the prominent roles of a nursing home is to provide appropriate medical care. What nursing homes are not allowed to do includes not giving residents medical care they need, such as administering medication at given times, taking vital signs, or treating.
• Nursing homes must have licensed medical professionals, doctors, nurses, and physical therapists to provide for the medical and rehabilitative needs of its residents. Furthermore, they should maintain medical records and make sure that residents receive appropriate care for chronic conditions, acute illnesses or injuries.

8. Nursing Homes Cannot Violate Residents’ Rights to Privacy

• There is the provision for a resident’s right to privacy, including confidentiality of medical records and personal details. What nursing homes are not permitted to do is violate this right by making private details public without consent or bring in unauthorized people into access confidential information.
• All nursing homes should respect the privacy of its residents while giving them personal care, including dressing and bathing and toileting. Staff should knock before entering a resident’s room and make sure private matters are conducted discreetly.

 9. Nursing Homes Cannot Deny Access to Family or Legal Representatives

• A nursing home shall permit a resident to receive and retain visitors, including but not limited to, family members, friends, and legal representatives, subject only to such restrictions as the resident may elect. Things nursing homes are not allowed to do include denial of access to a resident’s room by the resident’s family or legal guardian and restriction of communication.
• Families are integral to the well-being of those residing in nursing homes. They are also some of the most important advocates of care needs. Nursing homes should ensure a regular visit and open communication with the family members.

 10. Nursing Homes Cannot Fail to Provide Adequate Staffing

• Quality care demands adequate staffing. Among the things nursing homes are prohibited from doing is failing to maintain adequate staffing levels. A nursing home must have adequate trained staff to provide care for all residents. If the number of staff is inadequate, then the risk of neglect, delayed medical treatment, and poor living conditions increases for the residents.
• Under federal law, there must be a minimum number of employees present in a nursing home to attend to the high needs of its residents.

 Conclusion

Nursing homes have strict laws and regulations in place to protect the safety and well-being of the residents. Knowing what nursing homes are not allowed to do gives families and residents the right to detect and seek redress in violation of these principles. Whether it prevents abuse, correct medical attention, or a resident’s rights, information is the first step toward a safe and helpful living environment.

If you suspect a nursing home of violating these regulations, do not hesitate to report the problem to the proper authorities – perhaps your state’s department of health or the Office of the Long-Term Care Ombudsman. Awareness and action on your part can help protect the rights and dignity of nursing home residents.