Supreme Court Affirms FNHRA 1983 Protections for Nursing Home Residents
The Federal Nursing Home Reform Act (FNHRA), enacted in 1987, stands as a crucial safeguard for individuals residing in nursing homes across the United States. Under this legislation, nursing home residents are granted a comprehensive set of rights and protections to ensure their well-being and preserve their dignity. A recent landmark case, HHC v. Talevski, affirmed the right of individuals to seek legal recourse via Section 1983 when these rights are violated.
The FNHRA, also known as the Nursing Home Reform Act or OBRA '87, was enacted as an amendment to the Social Security Act. It sets forth a set of standards and regulations for nursing homes that receive federal funding through Medicaid and Medicare. These provisions are aimed at promoting quality care, protecting residents' rights, and ensuring their overall well-being.
Protected Rights under the Act:
1. Quality of Care: The FNHRA mandates that nursing homes provide services and care to residents that meet professional standards. This includes ensuring appropriate medical care, assisting with daily living activities, and promoting residents' physical and mental well-being.
2. Individualized Care Plans: Nursing homes are required to develop personalized care plans for each resident, based on their unique needs and preferences. These plans encompass medical treatment, dietary requirements, social activities, and overall care strategies.
3. Freedom from Abuse and Neglect: The Act prohibits any form of physical, mental, emotional, or sexual abuse towards nursing home residents. It also safeguards against neglect, ensuring that residents receive proper attention, hygiene, and assistance with daily activities.
4. Privacy and Dignity: The FNHRA recognizes the importance of privacy and dignity for nursing home residents. This includes the right to private accommodations, confidentiality of personal information, and the ability to make decisions about their own care and treatment.
5. Visitation and Communication: Residents have the right to receive visitors, including family members, friends, and advocacy groups. The Act ensures that residents can maintain regular communication with the outside world, helping to prevent isolation and promote social connections.
6. Access to Information: The FNHRA mandates that nursing homes provide residents with access to their medical records, as well as information about available services, fees, and policies. This empowers residents to actively participate in decisions about their care.
About Murdock & Associates: Murdock & Associates is a Las Vegas-based law firm specializing in catastrophic loss, wrongful death, nursing home and assisted living abuse and neglect, sexual assault, and fire litigation. Known for their relentless pursuit of justice, the firm represents victims of abuse and neglect, providing unparalleled legal representation and support. With a commitment to upholding the highest standards of legal practice, Murdock & Associates fights passionately for the rights of those who have suffered immeasurable harm.