Nusing Home Abuse

With over 1.5 million elderly and dependent adults now living in nursing homes throughout the country, abuse and neglect has become a widespread problem. Even though some nursing homes provide good care, many are subjecting helpless residents to needless suffering and death. Most residents in nursing homes are dependent on the staff for most or all their needs such as food, water, medicine, toileting, grooming- almost all their daily care. Unfortunately, many residents in nursing homes today are starved, dehydrated, over-medicated, and suffer painful pressure sores. They are often isolated, ignored and deprived of social contact and stimulation. Because of insufficient and poorly trained staff commonly found in nursing homes. Care givers are often overworked and grossly underpaid that often results in rude and abusive behavior to vulnerable residents who beg them for simple needs such as water or to be taken to the bathroom.

Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide all the care listed on the care plan. Most corporate owned nursing homes today are not sufficiently staffed, and they can not provide all the care listed on the care plan. Consequently, residents are not taken to the toilet when necessary; they're often left lying in urine and feces. They also develop painful and life-threatening decubitus ulcers, and are not fed properly, they're not given sufficient fluids. They are also over-medicated or under-medicated, and dropped causing painful bruises and fractures, are ignored and not included in activities, are left in bed all day, call lights not answered. These are all forms of negligence, performed daily in nursing homes.

Nursing homes who receive federal funds are required to comply with federal laws that specify that residents receive a high quality of care. In 1987 Congress responded to reports of widespread neglect and abuse in nursing homes during 1980's, which enacted legislation to reform nursing home regulations and require nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care. The legislation, included in the Omnibus Budget Reconciliation Act of 1987, which specifies that a nursing home "must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care." To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

In addition to federal laws regulating the quality of care in nursing homes, states have enacted laws as well. The state laws must be at least as stringent at the federal laws. Some states have adopted laws that are tougher than the federal laws. In Iowa, nursing home care and services are regulated under Title 22 of the Iowa Code of Regulations.

There are three different types of Nursing Homes. A Skilled Nursing Facility (SNF) is a facility that is required to provide continuous (24-hour) nursing supervision by registered or licensed vocational nurses. Commonly referred to as "nursing homes" or "convalescent hospitals," these facilities normally care for the incapacitated person in need of long or short-term care and assistance with many aspects of daily living (walking, bathing, dressing, and eating). At a minimum, SNF's provide medical, nursing, dietary, pharmacy, and activity services.

An Intermediate Care Facility (ICF) is a facility that is required to provide 8 hours of nursing supervision per day. Because of their physical appearance, these facilities are often confused with the SNF's. Intermediate care, however, is less extensive than skilled nursing care and generally serves patients who are ambulatory and need less supervision and care. Licensed nurses are not always immediately available in an ICF. At a minimum, ICF's provide medical, intermittent nursing, dietary,