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Understanding the Federal Nursing Home Reform Act

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

The Federal Nursing Home Reform Act (FNHRA) was originally passed in 1987 to ensure that all nursing home residents receive the quality care and attention they deserve. To do this, the FNHRA offers particular services to each and every resident, as well as a Residents’ Bill of Rights, and nursing homes which receive federal funding (such as Medicare or Medicaid) are covered by the Act, as well as additional laws which vary by state.

Here are some of the required services of the FNHRA:

  • Comprehensive care plans and periodic assessments for each resident;
  • Rehabilitation, nursing, and social services;
  • Dietary and pharmaceutical services;
  • The services of a full-time social worker if the nursing home contains more than 120 beds.

The Act also established a number of rights for nursing home residents to ensure they receive the highest-quality care. These include the right to:

  • Choose a personal attending physician
  • Participate in community, religious, and social activities
  • Participate in family/resident groups
  • Examine the results of the state’s most recent survey of the nursing home
  • Refuse a transfer to a new room in the facility
  • Accommodation of all physical, psychological, social, and medical needs
  • Confidentiality regarding all personal and clinical records
  • Freedom from mistreatment, abuse, neglect, and physical restraints

Residents must be informed of these rights by the nursing home, both verbally and in writing, upon their admission to the facility.
The FNHRA also includes a subsection, the “Federal Quality Assurance Privilege,” which requires nursing homes to maintain “assurance committees” which meet four times per year to “identify issues with respect to quality assessment” and “develop and implement appropriate plans of action to correct identified quality-deficiencies.” These committees typically consist of the director of nursing services, a facility-designated physician, and at least three other nursing home staff members.

If you or a loved one has been a victim of nursing home abuse, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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