Statutory & Compliance
Civil Actions Based on Statutes:
Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state’s adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly.
All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting.
Civil Actions Based on Statutes:
Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse or neglect. Additionally, some states have special statutory rights of action for the violation of the rights of residents of long-term care facilities. Generally, the statutory rights of long-term care facility residents include the right to be free from abuse and neglect, or the right to a safe environment.
To qualify for Medicaid funds, long-term care facilities that qualify as “skilled nursing facilities” must meet certain federal, statutory and regulatory requirements. Most nursing homes today fall in this category and, therefore, must meet federal standards. One federal requirement is that such facilities comply with a “Residents Bill of Rights,” which provides that residents have the right to be free from verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion.
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