Case Types -Nursing Home Care Giver Institution Abuse

Nursing Homes and Institutional Care Abuse

There are state laws protecting many rights of elderly care. Contact our law firm to discuss your abuse case. Your elderly friend or family member might have been abused. If you notice a severe change, contact our law firm to review your abuse case. Our law firm will inform you of your legal rights and lawsuit claim.

Elder Abuse In Nursing Homes

The United States Census Bureau projects that California's elderly population will nearly double within the next 20 years - from 3.7 million to more than 6.4 million.

The United States General Accounting Office claims that more than 43 percent of all Americans over the age of 65 will reside in a nursing home sometime in their lives.

In 1998, the United States General Accounting Office reported that one in three California nursing homes was cited for serious or potentially life-threatening care problems.

In 1999, the U.S. Congress Committee on Government Reform (USCCGR) reported that of the 439 nursing homes in a major city only one was in total compliance with federal standards of care.

In 2000, the USCCGR reported that only 18 of the 288 nursing homes in a major city Area were in full or substantial compliance with federal standards of care.

In 2001, the USCCGR reported that all 27 of the nursing homes in the 22nd Congressional District violated federal health and safety standards.
Together, these staggering statistics and projections illustrate the urgent need to address and remedy the poor quality of care in many of skilled nursing facilities.

Regulations are standard for many of below

Following areas and categories related to long term care facilities:

Adult Abuse Registry
Assisted Living Facilities
Criminal Background Checks and Mandatory Drug Testing
Group Homes (for persons with AIDS and for persons with Mental Illness)
Neighborhood Homes for Persons with Developmental Disabilities
Nursing Assistant/Aide and Certified Nursing Assistant Training and Qualifications
Nursing Homes
Rest (Family Care) Homes
Rest (Residential) Homes.

Federal Enforcement Actions
Federal enforcement actions (Code of Federal Regulations, Chapter IV, Part 488, Subpart F, cited as 42CFR488, Subpart F) that can be imposed include the following:

• Temporary management (Section 415, cited as §488.415)
  
• Denial of payments for new admissions (Section 417)
  
• Denial of payments for all individuals (Section 418)
  
• State monitoring of the nursing facility (Section 422)
  
• Directed plan of correction (Section 424)
  
• Directed in-service training by an outside agency (Section 425)
  
• Transfer of residents, or closure of the facility and transfer of residents (Section 426)
  
• Civil money penalties (Section 430)
  
• Termination of the provider agreement (Section 456).
  This website for 42CFR488, Subpart F gives the Text file/version of the regulations.