What are the federal and state laws governing nursing homes?
In South Dakota, both federal and state laws govern nursing homes. The federal law is the Nursing Home Reform Act of 1987 (NHRA). This law ensures that nursing homes provide care in accordance with federal standards and provides protections to residents. It requires nursing homes to assess a resident’s needs and develop an individualized care plan that meets those needs. The NHRA also requires nursing homes to provide quality care, maintain and monitor residents’ safety, protect residents from abuse and neglect, and respect the rights of residents. South Dakota also has its own laws governing nursing homes, including the Nursing Home Licensure Act. This law requires all nursing homes to obtain a license from the South Dakota Department of Health and establish standards of care. It also requires that a facility have an administrator responsible for nursing home operations and employ a sufficient number of staff to care for residents. Additionally, South Dakota requires that nursing homes provide quality care, respect the rights of residents, and maintain a safe and healthy environment. Finally, South Dakota and federal laws both provide protections and legal recourse for victims of nursing home abuse. These laws require that nursing home staff immediately report any instances of abuse and neglect to the proper authorities. They also provide victims with the right to file a civil suit against the nursing home for any damages suffered due to the abuse. These laws are in place to ensure the safety and well-being of those living in nursing homes.
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