Is Your Nursing Home Following These 18 OBRA Regulations?
With our aging population increasing, more people will need to go to a nursing home at least temporarily sometime in their lives. Unfortunately, with understaffing and a lack of commitment to quality care, some nursing home residents are the victims of nursing home abuse. If your parent or other loved one is being neglected or abused by nursing home staff, the Omnibus Budget Reconciliation Act (OBRA)—also known as the Nursing Home Reform Act of 1987—could help you hold the nursing home liable for compensating your family member for his or her injuries.
18 OBRA Regulations Your Loved One’s Nursing Home May Be Violating
Almost 30 years ago, Congress passed OBRA to improve the care nursing home residents receive and sets forth the minimum requirements for the quality of their care. Any nursing home that accepts Medicaid and Medicare must comply with OBRA. Violations of these laws could constitute nursing home neglect or abuse. The Act requires nursing homes to do the following:
- Promote the quality of life of residents
- Ensure that residents are treated with dignity and respect
- Conduct an initial accurate assessment of a nursing home resident’s functional capacities
- Develop a comprehensive plan for each resident’s treatment
- Prevent the deterioration of a resident’s ability to take care of his basic needs like bathing, dressing, and grooming, using the toilet, and eating
- Provide assistance for residents who need help with their basic needs
- Ensure that residents receive treatment to maintain their hearing and vision abilities
- Take measures to prevent patients from developing pressure sores and providing treatment to stop infections and further pressure sores from developing
- Provide assistance to residents who have bladder control issues
- Provide residents with adequate nutrition
- Supervise residents and provide assistive tools to prevent falls
- Ensure that residents are consuming sufficient liquids to not become dehydrated
- Prevent medication errors
- Ensure that the nursing home has sufficient nursing staff
- Give residents the right to choose activities and schedules and participate in their health care decisions
- Provide pharmaceutical services that meet the needs of residents
- Use resources effectively and efficiently
- Maintain accurate and complete medical records for patients that are easily accessible
If you or a family member was abused or neglected by a nursing home, the staff may have violated OBRA, which may make it easier to prove your case. Fill out my online form today to schedule a free consultation to discuss your concerns about your nursing home care.