What Laws Protect the Elderly From Nursing Home Abuse in Nebraska?
April 29, 2021 • Nursing Home Abuse
Nursing home abuse is a crime that strips senior citizens of the enjoyable, carefree retirements they deserve. It can make a senior’s time in a nursing home a nightmare, causing emotional distress and debilitating physical injuries.
Nebraska has several laws in place that aim to prevent nursing home abuse and keep the elderly safe while in the care of others. It is a nursing home’s legal obligation to obey these laws and protect the wellbeing of its residents. Unfortunately, many nursing homes fail to fulfill their legal responsibilities – leading to preventable resident injuries, illnesses, infections and deaths.
Nevada State Laws Governing Nursing Home Abuse
Nebraska’s Department of Health and Human Services (DHHS) has dozens of regulations for the safety and efficiency of health care providers, found in the Nebraska Administrative Code. These regulations address various health occupations within nursing home care. They control important issues such as standards of practice, training protocols, mandatory reporting of violations and more.
The main rule that applies to nursing homes and similar long-term care or hospice facilities is Title 175, Chapter 12. This rule outlines licensing requirements, licensee responsibilities, inspection requirements, rules of compliance, standards of operation and care, resident treatment, and more. Some of the required standards of care at a nursing facility include:
• Assure adequate protection and promotion of the health, safety and wellbeing of residents.
• Comply with applicable state statutes.
• Assure the appropriate management of the facility.
• Conduct periodic performance reviews and implement improvement programs.
• Communicate with the DHHS in regard to hiring new employees.
• Provide ongoing employee training to all nurses and staff members.
• Report any alleged abuse of a resident to Adult Protective Services right away.
If a nursing home in Nebraska fails to fulfill all of these rules and requirements, it can face penalties such as a fine or the failure to renew the facility’s business license. If the nursing home’s violation led to the injury or death of an elderly resident, the nursing home could also face criminal and/or civil penalties.
Federal Laws Regarding Nursing Home Abuse
Nursing home residents are given many additional rights and privileges under federal law. Laws such as the Nursing Home Reform Act and Elder Justice Act establish rules and programs to better protect nursing home residents in the U.S. These laws set the standards for nursing home care in the country. They require nursing homes to fulfill certain actions and responsibilities that will better protect residents from harm, such as:
• Assess each resident’s individual needs.
• Create tailored and individualized care plans.
• Provide proper medical care, nutrition and hygiene.
• Keep residents as active, healthy and happy as possible.
• Maintain accurate resident records and keep them private.
• Provide proper supervision and medical devices to prevent resident harm.
• Provide emergency medical services, when necessary.
• Allow the resident to be in control of his or her own health care.
This is only a short list of examples from pages of responsibilities owed by nursing homes to their elderly residents in the U.S. A nursing home has a legal duty to adhere to all applicable rules, requirements and responsibilities put in place to protect vulnerable senior citizens. If it or any of its employees carelessly or intentionally breaks these rules, the nursing home could face criminal or civil consequences for injuring a resident.
Do You Have a Nursing Home Abuse Case?
If your loved one recently suffered a serious physical injury or is exhibiting other signs of nursing home abuse, such as depression or withdrawal, contact a nursing home abuse attorney in Omaha right away. An attorney can closely review the facts of your case to search for signs of wrongdoing, such as a nursing home violating one of the many state or federal laws in place to protect the elderly in Nebraska.
If a nursing home or one of its employees is guilty of abuse or neglect, your family could be eligible for financial compensation for the harm it causes to your elderly loved one. Consult with a compassionate and dedicated attorney today by contacting Matthew G. Miller, PC, LLO. We understand nursing home abuse laws and offer free initial consultations in Omaha. Our attorneys are committed to pursuing justice against nursing homes that break the law.