Elder Law Information From Elder Abuse Lawyers in California – Young & Wallin
If your loved one currently resides or if you are considering placing an elderly family member in a residential nursing home or facility, it is important that you understand the laws that govern these elder nursing home institutions and how those laws are designed to protect you or your loved ones. The information provided below details many of the rights and privileges afforded elderly citizens residing in assisted care facilities. Elder law in California is subject to these provisions.
To find out more about elder law in your state contact California elder abuse attorney Michael Young or California elder abuse lawyer Thomas Wallin for a free consultation.
The Nursing Home Reform Act
Elder Law is generally governed by the 1987 Nursing Home Reform Act, a set of laws that establish the standards of care for elder nursing homes and assisted living facilities. The Nursing Home Reform Act was adopted to protect residents from neglect, abuse, and mistreatment and commands that all facilities provide:
- Individual care plans for each resident
- Nursing services
- Social services
- Pharmaceutical and medication services
- Nutritional and dietary services
- In facilities with more than 120 beds, a full-time social worker
- Rehabilitative services
If you believe you or your loved one is receiving substandard care, contact a California elder abuse lawyer immediately. California nursing home and assisted living residents can rely on Young & Wallin to help them in their time of need. Young & Wallin handle elder abuse cases throughout the state of California including Los Angeles, San Diego, Orange County, San Francisco and the inland empire.
The Residents' Bill of Rights
The Nursing Home Reform Act guarantees the following rights to nursing home residents:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility;
- The right to voice grievances without discrimination or reprisal.
If any of these rights are violated, the nursing home resident has rights and needs to contact a California elder abuse attorney immediately.
Survey and Certification
To ensure that licensed nursing homes abide by the stipulations of the Nursing Home Reform Act, they are required to undergo a standard certification process that is conducted by each state which includes:
- random interviews;
- evaluations at least once during a 15-month period;
The surveys evaluate elderly residents’ quality of life, quality of care, and safety, as well as the services provided. In addition, more specialized surveys are conducted in response to complaints about particular facilities.
If the survey exposes any violations of the Act, the offending facility will be given a chance to correct the problem. If the deficiency is not corrected, the subsequent methods will be used to ensure compliance:
- Directed in-service training of staff;
- Directed plan of correction;
- State monitoring;
- Civil monetary penalties;
- Denial of payment for all new Medicare or Medicaid admissions;
- Denial of payment for all Medicaid or Medicare patients;
- Temporary management; and
- Termination of the provider agreement.
For further information on California codes relating to elder abuse and nursing home neglect cases look at the California Welfare and Institutions Code.
If you need further assistance in California, please contact elder abuse lawyer Michael Young or nursing home abuse attorney Thomas Wallin from the California elder abuse law firm of Young & Wallin.
To learn more about how the Nursing Home Reform Act pertains to your specific case, please contact us today.
The law firm of Young & Wallin handles elder abuse and nursing home negligence cases throughout California including Los Angeles, San Diego, Riverside, San Bernardino, San Francisco, Fresno, Bakersfield, Orange County and more. We are committed to helping you and your loved ones get the compensation they deserve.
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