Are there any state or federal laws that provide additional protection for nursing home residents?
Yes, both state and federal laws provide additional protection for nursing home residents in California. On the state level, California has adopted the Elder Abuse and Dependent Adult Civil Protection Act, which provides a legal recourse for elders and dependent adults who have suffered from abuse or neglect in a nursing home or other facility. This includes physical and sexual abuse, neglect, financial exploitation, and abandonment. In addition, California has enacted the Long-Term Care and Ombudsman program, which requires the state’s Ombudsman to examine reports of elder abuse or neglect in licensed nursing homes. On the federal level, the Nursing Home Reform Act of 1987 sets standards for nursing homes that are funded or certified by Medicare or Medicaid. The Act includes a patient’s bill of rights that entitles residents to privacy, dignity, respect, and freedom from abuse or mistreatment of any kind. Nursing homes must also provide residents with adequate care and services and must follow certain standards related to the provision of health and safety services. Additionally, the act requires nursing homes to provide prompt and adequate notice of any change in the resident’s health status or care plan.
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