Whether you are trying to decide which nursing home is the best fit for you or your loved one, or have concerns about a nursing home’s care, you should know which red flags to look out for — particularly things nursing homes are not allowed to do.
Moving yourself or your loved one into a nursing home is a difficult decision. The last thing you should anyone should have to worry about is whether or not that nursing home lives up to the high standard of care it’s called to.
Unfortunately, nursing home abuse and negligence are more common than one might think. Every year, 5 million elder abuse cases are reported and 10% of all people over the age of 60 have reported abuse. A large majority of these cases occur in nursing homes and are likely to be higher as elder abuse is often underreported.
In this Article:
- Assisted Living vs Nursing Homes
- Federal Regulations for Nursing Homes
- Things Nursing Homes Are Not Allowed to Do
- Finding the Right Nursing Home
- How a Nursing Home Lawyer Can Help
Assited Living vs Nursing Homes
Many people mistakingly assume that assisted living facilities and nursing homes offer the same services. Yes, the two communities provide a safe place for residents who may need assistance in daily activities. However, the primary difference between nursing homes and assisted living is the level of care the residents require.
Assisted Living
For more than 800,000 Americans, assisted living communities offer long-term residential services for those who require minor nursing assistance but do not need full-time medical care. Services that are typically provided by assisted living communities include:
- On-site health clinic or resident nurse
- 24-hour staffing (on-site)
- Dining services/nutritional meals
- Transportation services to and from medical appointments
- Exercise and wellness programs
- Laundry service
Assisted living communities are best for seniors who are still active, in good health overall, and who want to maintain their independence. These communities offer an environment for consistent intellectual stimulation and meaningful social connections.
Nursing Homes
Nursing homes are for seniors and other adults with serious medical issues or chronic conditions requiring 24-hour supervision. They provide custodial care — such as bathing, feeding, and dressing — as well as skilled care. Some nursing home residents are only there for short-term rehabilitation after hospitalization while other residents are there long-term for ongoing medical issues. Since nursing homes often need to provide hospital-level care, the facilities are less likely to have an apartment-like appearance commonly seen in assisted living communities.
Nursing homes, like assisted living, are required to offer opportunities for social connection as well as:
- Mobility assistance
- Palliative care
- Speech therapy
- Mobility assistance
- Physical/occupational therapy
- Nutritional services
One notable difference between assisted living communities and nursing homes is the cost. The median monthly cost of assisted living in the U.S. is $4,995. While this is substantial, it’s still not as high as the cost of nursing homes, with a median cost of $9,733 per month. This is due to the increased level of care and on-site medically trained staff.
Federal Regulations for Nursing Homes
Federal regulations for nursing homes are designed to ensure the safety, well-being, and proper care of residents. Skilled nursing facilities that participate in Medicare and Medicaid must meet a set of stringent requirements outlined by the Centers for Medicare & Medicaid Services (CMS). These include maintaining proper staffing levels, ensuring the safety of residents, providing adequate medical care, and adhering to care plans tailored to each resident’s needs.
A critical piece of legislation in this area is the Nursing Home Reform Act of 1987, which established standards for care and residents’ rights. This act mandates that nursing homes provide services that promote the highest possible quality of life for each resident, emphasizing their physical, mental, and psychosocial well-being.
Illinois Nursing Home Care Act (1979)
The Illinois Department of Public Health (IDPH) enforces the Illinois Nursing Home Care Act (1979) which offers similar protections to federal regulations for nursing homes and offers guidelines on filing a nursing home complaint. The IDPH is responsible for investigating complaints of abuse, neglect, and exploitation in nursing homes and taking appropriate action to ensure nursing home compliance.
Nursing homes that have violated the Illinois Nursing Home Care Act may be subject to fines, penalties, and even license revocation.
10 Things Nursing Homes Are Not Allowed to Do
Nursing homes cannot…
1. Abuse or neglect residents.
Unfortunately, 1 in 3 older adults have been the victim of nursing home abuse and neglect. Nursing home abuse can be physical but also emotional, sexual, and financial. Abuse or neglect of any kind is strictly prohibited.
2. Use physical or chemical restraints without medical necessity.
Nursing homes should actively work to maintain the free will of all their residents. While physical or chemical restraints may occasionally be used, they must be for specific medical conditions with a doctor’s approval.
3. Discriminate against residents.
Discrimination based on race, color, national origin, disability, age, or gender in nursing homes is illegal. These facilities should be a safe space and no one should ever feel that they are getting less than they deserve due to their protected class.
4. Involuntarily discharge or evict residents without cause.
Residents can only be discharged under specific circumstances, such as non-payment or inability to meet medical needs. And even under these circumstances, the law requires nursing homes to give proper notice before formally removing a resident.
5. Refuse access to medical records.
Residents have the right to access their medical records at any time. Nursing homes should keep clear and detailed records of the medical care received at their facility.
6. Deny participation in care decisions.
Autonomy is a precious thing, especially for those who require daily assistance. Residents should be involved in decisions about their care and treatment unless a medical proxy or power of attorney has been assigned.
7. Restrict visitors without valid reasons.
Residents are entitled to have visitors unless it poses health or safety risks. Similarly, nursing homes cannot force residents to see visitors they do not want to see.
8. Manage resident finances without consent.
Nursing homes cannot control or access a resident’s financial accounts without legal authority.
9. Ignore complaints or grievances.
Facilities must address and respond to residents’ complaints in a timely and appropriate manner. Remember that in Illinois, the IDPH investigates all nursing home complaints and will decide the best course of action to prevent any future violations.
10. Deny access to quality care.
Every nursing home resident should receive the same quality of care regardless of diagnosis, severity of condition, or payment source. Care should adequately and appropriately meet the needs of every resident.
Finding the Right Nursing Home
Finding the right nursing home may feel like a daunting task. Fortunately, Illinois maintains a public record of all nursing home violations. While searching for the right nursing home for you or your loved one, it might be a good idea to take a look at the quarterly reports for nursing home violations. Watch out for any red flags indicating abuse or habitual violators.
Come up with a list of a few nursing homes in your area to compare quality and take a tour of your top choices before settling on just one.
How a Nursing Home Lawyer Can Help
Nursing homes that violate the rights of their residents may be subject to legal action. A nursing home abuse lawyer would be able to identify abuse or neglect and determine whether or not you have a legal case. Family members may be able to file a lawsuit on behalf of their loved one in case the victim is unable to.
For a FREE case review, contact our caring, motivated, and empathetic team at Disparti Law Group and find out why thousands say… Larry wins!
