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NCJ Number: 50584 Find in a Library
Title: NURSING HOME LAW (FROM LAW OF THE ELDERLY, 1977, BY JONATHAN A WEISS)
Author(s): P M GASSEL
Corporate Author: Practicing Law Institute
United States of America
Date Published: 1977
Page Count: 29
Sponsoring Agency: Practicing Law Institute
New York, NY 10019
Format: Article
Language: English
Country: United States of America
Annotation: NURSING HOME PATIENT VULNERABILITY, PATIENT RIGHTS, STANDARDS OF CARE, LITIGATION RELATING TO INSTITUTIONAL ABUSE, CHOOSING A NURSING HOME, TRANSFER TRAUMA, AND ALTERNATIVES TO INSTITUTIONAL CARE ARE DISCUSSED.
Abstract: CATEGORIES OF NURSING HOMES -- SKILLED NURSING FACILITIES, INTERMEDIATE CARE FACILITIES, RESIDENTIAL CARE FACILITIES -- ARE IDENTIFIED ALONG WITH FEDERAL AND STATE STANDARDS WHICH MUST BE MET FOR PUBLIC FUNDING THROUGH MEDICARE, MEDICAID, AND SIMILAR PROGRAMS. REASONS UNDERLYING PATIENT VULNERABILITY ARE DISCUSSED (I.E., WEAKENED PHYSICAL CONDITION, ISOLATION, FEAR OF REPRISALS) FOLLOWED BY DETAILS ON PATIENT RIGHTS, INCLUDING THE RIGHT TO A NORMAL ENVIRONMENT, FREEDOM FROM CONSTRAINTS, MEDICAL TREATMENT, FREEDOM FROM REPRISALS, PROTECTION FROM FORCED LABOR, THE RIGHT TO LEAVE, THE RIGHT TO SERVICES, AND THE RIGHT TO MANAGE PERSONAL FINANCES. FEDERAL AND STATE ROLES IN ENFORCING STANDARDS OF CARE ARE OUTLINED REGARDING INSPECTIONS, DEFICIENCIES, COST DATA DISCLOSURES, INVESTIGATIONS OF CONDITIONS, AND THE PATIENT'S RIGHT OF ACCESS TO CHANNELS OF COMMUNICATION. THE USE OF LITIGATION IN SAFEGUARDING PATIENT RIGHTS IS ASSESSED IN TERMS OF DAMAGES, SUITS AGAINST GOVERNMENT AGENCIES, FAIR HEARINGS, AND PRIVATE ADVOCACY. FACTORS TO BE CONSIDERED IN CHOOSING A NURSING HOME INCLUDE COSTS, SERVICES, AND MEDICARE AND MEDICAID QUALIFICATIONS. ALTERNATIVES TO NURSING HOME CARE (I.E., HOME HEALTH CARE AND THERAPY OPTIONS) ARE REVIEWED. FINALLY, THE ISSUE OF INVOLUNTARY TRANSFER IS BROACHED, WITH EMPHASIS ON UTILIZATION REVIEW PROCEDURES AND TRANSFER TRAUMA. COURT DECISIONS, FEDERAL STATUTES, AND OTHER REFERENCE SOURCES ARE FOOTNOTED. (KBL)
Index Term(s): Federal programs; Judicial decisions; Laws and Statutes; Older Adults (65+); Right to treatment; Services; Standards; State aid
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50584

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