What Aren’t Nursing Homes Allowed To Do?

There might come a time when the best living arrangement for your elderly loved one is a nursing home facility. Much like an assisted living facility, nursing home residents are provided help with activities of daily living tasks such as grooming, dressing and nutrition.

Unlike an assisted living facility, nursing homes also provide around-the-clock medical assistance and monitoring. As much support as they provide, there are certain things that nursing homes are not allowed to do.

The following post details some of those areas that a nursing home staff needs to avoid.

Resident Rights

The Centers for Disease Control and Prevention estimates that there are 15,300 nursing homes in the country, representing 1.6 million licensed beds. The majority of those homes accept Medicare and Medicaid patients. Because of that, the Centers for Medicare and Medicaid Services (CMS) has regulations that every facility is expected to follow. These rules should be spelled out to each resident before they move in.

The following are some of the things nursing homes are not allowed to do:

Make Care Decisions

Nursing homes are designed to provide a certain level of care for their residents.

However, when a medical incident arises that requires enhanced care, nursing homes can’t make care decisions for residents without their consent. Before residents contract with the nursing home, they and their families should set up advanced directives for care that would apply to residents who are dealing with dementia issues.

It’s crucial for residents and their families to establish treatment options, and those options should be in writing.

Additionally, the nursing and support staff at a nursing home can provide standard care for certain chronic conditions, such as diabetes management, post-stroke and post-surgery recovery, and Alzheimer’s or Parkinson’s disease care.

However, when complex medical care is needed, the resident will be transferred to a hospital while keeping the immediate family fully informed.

Control Resident Finances

Every nursing home resident arranges to deposit their monthly charges directly into the facility’s accounts.

Additionally, there could be additional charges that need to be approved.  However, the nursing home staff is not permitted to manage a resident’s money. They aren’t allowed to pay a resident’s credit card bills or monitor and manage retirement savings accounts.

Discriminate

Nursing homes are not permitted to engage in unfair treatment or discriminatory practices. The same federal laws that establish the standards of care also stipulate that nursing homes can’t discriminate against residents based on race, disability, age, religion, or national origin.

The Administration for Community Living has established a long-term care ombudsman program. The ombudsman acts as an advocate for residents and their families to help resolve any issues they might have with treatment or suspected discrimination.

Unexpectedly Terminate Care

A nursing home can’t evict or terminate a resident’s care without due cause.

Legal reasons, such as paying nursing home bills, might result in the termination of a resident contract. This would only be put into action after appropriate notification.

Nursing Home Red Flags

The primary reason for visiting your loved one in a nursing home is to check in with them to see how they are being cared for and if they need any additional support.

Those visits are also an opportunity for you to conduct an inspection of the facility to see if there are any red flags or warning signs that you need to address. Here’s what you need to keep an eye out for:

• Poor hygiene
• Unaddressed weight loss
• Noticeable decline in mood or engagement
• Frequent staff shortage
• Unsanitary conditions
• Complaints from other residents

Reporting Issues

What happens if you notice any of the red flags or see nursing home staff doing some of the things they shouldn’t be doing?

In those instances, you must inform the staff of your concerns. If those issues are severe, you might need to reach out to your local ombudsman.

Additionally, you can speak to an experienced attorney who has experience litigating nursing home complaints. That is where you’ll get the best information to help you decide the best course of action to protect your loved one.