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New federal regulations may help to curb nursing home abuse.

Will Nursing Home Reform Reduce Elder Abuse?

Across the United States, elder abuse is a massive problem — and it continues to be grow. Elder abuse can take many forms, from physical and sexual abuse, to emotional or mental abuse and even financial exploitation. Older Americans may be particularly vulnerable to different types of abuse, especially if they suffer from dementia or other types of memory-related problems.

However, new federal regulations from the Centers for Medicare and Medicaid Services may help to curb some of these abuses. The goal of these regulations is to improve the health and safety of nursing home residents, with an extensive revision to the rules governing the way that nursing homes are run. These new regulations are designed to allow both residents and their families to be more actively engaged in their own care, and to protect their ability to file complaints. The rules will go into effect in three separate stages, starting in November 2016.

These regulations may help to limit elder abuse in a number of ways. First, the regulations require that all nursing homes must appoint an official to handle complaints. That official must follow a “strengthened grievance process,” and documents all disputes in writing. This new process may help to give families and other loved ones lodge complaints and make a record of issues.

Second, the definition of abuse under the new regulations has been expanded to include financial exploitation. This is incredibly importation, as financial abuse costs elderly Americans a reported $36.5 billion per year, according to the National Council on Aging.

Third, and perhaps most importantly, these new regulations require better training for all staff, including regular employees, contract workers and even volunteers. This training will be focused on dementia, preventing elder abuse, patients’ rights and communication. Nursing homes will also face stricter hiring oversight, and will be prohibited from hiring employees who have been disciplined for abuse, neglect, mistreatment or financial exploitation of residents or others.

Fourth, patients have the right under these regulations to receive family visitors at any time, provided that the visits do not impose on another resident’s rights (such as if the resident shares a room). Non-family members can visit as well, as long as they meet “clinical and safety requirements. This is a major win for reducing the incidence of elder abuse, as the ability of family members to visit at different times can be critical in preventing abuse in nursing homes. After all, if a family member could show up at any time, an employee is less likely to engage in abusive behavior than if there are set visiting hours.

Other regulations also aim to make sure that residents receive a certain standard of care, such as setting up a baseline care plan with 48 hours of admission, and preventing nursing homes from “dumping” low income residents in hospitals.

Of course, protecting loved ones from abuse will require more than just new regulations. If your paren, grandparent, other family member or friend is in a long-term care facility or nursing home, then you should remain vigilant to the signs of elder abuse and visit as often as possible. If you believe that your loved one has suffered any form of elder abuse, contact PLBH today at (800) 435-7542 or info@plblaw.com. Our experienced elder abuse attorneys will help your family member recover for the harm that they have suffered, and in many cases, we will not charge a fee unless we recover for you. Initial consultations are always available free of charge.