saratoga elder law attorney

Nursing Homes

Elderly adults end up in nursing homes for a variety of reasons, including rehabilitation after a hospital stay, voluntary admittance in order to have assistance with their daily care, disability, as well as problematic behaviors associated with mental conditions such as dementia. In order to be admitted and afford to one of these nursing homes, many elderly adults rely on government programs such as Medicaid and Medicare. As a result of their reliance on government funded programs, some nursing homes will end services for an individual if their coverage is running out or they feel that the patient is ready for release, however, the patient may not agree with that same reasoning.

Why Am I Being Discharged?

THE BASICS – FEDERAL LAW

In 1965 federal law enabled the federal government to license nursing homes, under two categories; skilled nursing homes and intermediate care facilities that required less medical care and more personal care. In 1980 Congress enacted the Civil Rights of Institutionalized Persons Act which covered any state facility or institution that provides nursing, intermediate or long term care that is residential in nature or which has custody over the residents. Soon after Congress investigated larger issues involving the quality of life and services provided, or the lack thereof, provided in short, intermediate and long term care facilities. Part of that investigation included a request for a comprehensive study on the matter. By 1986 the Institute of Medicine published an exhaustive investigation of nursing homes in the United States. By 1987, Congress enacted the Nursing Home Reform Act. The animating factor of the Act was to insure that all nursing home residents receive care to help them achieve their best level of mental, emotional and physical care.

PROTECTIONS IN PLACE

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Securing Quality Care – Nursing Home Appeals

NURSING HOME RESIDENTS’ BILL OF RIGHTS