Placing a relative in a nursing home could be one of the most difficult decisions a family member may have to make. When entrusting the care of a beloved elderly family member to a nursing home, one does so with the belief that they will receive top quality care and be treated with the dignity and respect any patient would deserve. However, much of the elderly residing in nursing homes are at particular risk for abuse and neglect. According to the Administration of Aging, elder abuse is a term referring to “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult, including, but not limited to physical abuse, sexual abuse, emotional abuse, neglect, exploitation,
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House of Representatives, Committee on Government Reform, Special Investigations Division, 2001).
In 1987, Congress passed the Omnibus Budget Reconciliation Act (OBRA-87), also known at the Nursing Home Reform Act, which created a national set of standards of care and established a bill of rights for residents living in nursing home facilities. Participating nursing home facilities must comply with the criteria set forth by …show more content…
The surveys generally focus on residents' rights, quality of care, quality of life, and the services provided to residents, while also conducting more targeted surveys, or complaint investigations, in response to complaints against nursing homes (American Association of Retired Persons, 2001). If the survey reveals that a nursing home is out of compliance, sanctions including, but not limited to civil monetary penalties, denial of Medicare and Medicaid payment, and termination of provider agreement may be imposed to rectify deficiencies. Although there have been great advances in laws and regulations of nursing homes in the United States within the last several decades, methods of monitoring facility standards are still found to be ineffective. In 2007, nearly two decades after the implementation of the Nursing Home Reform Act, a scathing report issued by the U.S Government Accountability Office (GAO) revealed the incompetencies of federal enforcement of monitoring nursing homes by analyzing federal sanctions from the fiscal years of 2000 through 2005 against 63 nursing homes in four states: California, Michigan, Pennsylvania, and Texas (GAO-07-241). Some key findings of the report revealed that “almost half of the 63 nursing
House of Representatives, Committee on Government Reform, Special Investigations Division, 2001).
In 1987, Congress passed the Omnibus Budget Reconciliation Act (OBRA-87), also known at the Nursing Home Reform Act, which created a national set of standards of care and established a bill of rights for residents living in nursing home facilities. Participating nursing home facilities must comply with the criteria set forth by …show more content…
The surveys generally focus on residents' rights, quality of care, quality of life, and the services provided to residents, while also conducting more targeted surveys, or complaint investigations, in response to complaints against nursing homes (American Association of Retired Persons, 2001). If the survey reveals that a nursing home is out of compliance, sanctions including, but not limited to civil monetary penalties, denial of Medicare and Medicaid payment, and termination of provider agreement may be imposed to rectify deficiencies. Although there have been great advances in laws and regulations of nursing homes in the United States within the last several decades, methods of monitoring facility standards are still found to be ineffective. In 2007, nearly two decades after the implementation of the Nursing Home Reform Act, a scathing report issued by the U.S Government Accountability Office (GAO) revealed the incompetencies of federal enforcement of monitoring nursing homes by analyzing federal sanctions from the fiscal years of 2000 through 2005 against 63 nursing homes in four states: California, Michigan, Pennsylvania, and Texas (GAO-07-241). Some key findings of the report revealed that “almost half of the 63 nursing