Basic rights and services for nursing home residents in Georgia

Residents of nursing homes in Georgia have rights and needs that must be met by law. Thanks to the Federal Nursing Home Reform Act of 1987 (also known as OBRA ’87), any long term care facilities that wants to receive Medicare or Medicaid funds must provide services that meet the certain standards. These standards are established so that each nursing home resident can attain and maintain the “highest practicable physical, mental, and psycho-social well-being.”

OBRA ’87 came about because of a 1986 study by the Institute of Medicine (IOM) which found that nursing home residents were being subjected to abuse, neglect, and inadequate care. To improve the living conditions for long-term care residents IOM proposed sweeping reforms, many of which became law as part of OBRA ’87. In order to meet the requirements of the new law, nursing homes must ensure that they protect their resident’s basic rights – spelled out in a Resident’s Bill of Rights – and provide basic services as defined in the Act.

Nursing Home Resident Rights

Below are rights afforded to nursing home residents thanks to OBRA ’87 as summarized by the AARP. Nursing home residents have the right to:

1. Freedom from abuse, mistreatment, and neglect
2. Freedom from physical restraints
3. Privacy
4. Accommodation of medical, physical, psychological, and social needs
5. Participate in resident and family groups
6. Be treated with dignity
7. Exercise self-determination
8. Communicate freely
9. Participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
10. Voice grievances without discrimination or reprisal

Basic services for nursing home residents

In addition to protecting nursing home residents’ basic rights, long-term care facilities must ensure that they provide basic services that meet certain standards. Some of the services that must be provided by nursing homes that expect to receive Medicare and Medicaid financing include:

Each resident must receive a periodic assessment

A comprehensive care plan must be developed for each resident

Facilities must provide nursing services for residents

Facilities must provide social services for residents

Facilities must provide rehabilitation services for residents

Pharmaceutical services must be available to residents

Dietary services must be available to residents

All facilities with over 120 beds must provide the services of a full-time social worker

If you are concerned that your loved one may be being abused or neglected at a Georgia nursing home, please don’t hesitate to ask for help. You can contact the Atlanta based attorneys at Kaufman Law to discuss your case for no cost or obligation.

Kaufman Law, P.C.

12 Beck Street, N.W.

Atlanta, GA. 30318

Toll Free: (888) 973-2540

Phone: (404) 355-4000