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The
Nursing Home Quality Protection Act, enacted in 2001,
provides more stringent safeguards for our elder Americans
from institutional elderly abuse and sub par nursing
home care. It strives to provide better quality of care
to nursing home residents.
The Act came about at the urging of consumer and elder
advocates, media pressure, and government concerns and
was supported by the Alliance for Retired Americans;
Alzheimer's Association; American Federation of State,
County, and Municipal Employees(AFSCME); National Association
of Social Workers (NASW); National Citizens' Coalition
for Nursing Home Reform (NCCNHR); National Committee
to Preserve Social Security and Medicare (NCPSSM); and
Service Employees' International Union (SEIU).
1.
Increased Funding
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2.
Mandatory Nurse Staffing Levels
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Nursing homes must maintain minimum staffing levels
(i.e. all residents receive at least 4.13 hours
of individual
nursing care per day).
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Secretary can modify or delay this staffing level
if the quality of care is not compromised
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Staffing
levels shall not fall below 3.45 hours
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Establishes a new system of "substandard care
refunds" that were not used before.
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Homes with violations that are required to refund
money (ranging from $2,000 to $25,000) will not
receive future payments if refunds are not paid
within 30 days.
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Nursing homes can appeal the refunds, but only after
the refunds are paid.
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Refunds are used to make grants to recruit and retain
nursing staff, improve education and training of
nursing staff, and improve workplace safety.
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4. Increased Public Disclosure
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More Internet disclosure about conditions in nursing
homes (copies of inspection reports, complaints
filed by residents and their families, summaries
of enforcement actions taken against nursing homes,
and staffing information).
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6.
Greater Protection for Nursing Home Residents
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Tightens up current law that leaves some nursing
home residents outside the protection of federal
health and safety standards.
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Nursing home inspectors monitor the well-being of
all residents, whether or not their care is paid
for by Medicare and Medicaid.
If the safety and health of your loved one is in jeopardy, and you feel that they have suffered some form of nursing home abuse or neglect, contact us to speak with an attorney. |
