Share

Gainesville Florida Estate Planning & Elder Law Blog

Wednesday, August 12, 2015

Twenty Common Nursing Home Problems and How to Fix Them: Here are the First Ten

When it comes to relevant laws that pertain to nursing home residents, the amount of knowledge the average person knows is very little. Unfortunately, Nursing Home Reform Law violations are all too common. The results could be harmful for residents. Knowing common problems and solutions could keep both you and your family members safe. Over the week we will note some of these. We start today with ten and the other ten next Monday.

    #1.  Discrimination against Medicaid-Eligible Residents

Fact – A Medicaid-eligible resident is entitled to the same service as any other resident

Solution – Always resist second-class treatment

    #2. Failing to Take Care Planning Seriously

Fact – Resident’s family has the right to participate in care plan 

Solution – Family should attend all care meetings to keep informed

    #3. Disregarding Resident Preferences

Fact – The facility must make adjustments to honor resident needs

Solution – The resident should voice any and all concerns regarding their needs and make sure they are fulfilled

    #4. Failing to Provide Necessary Services

Fact – The nursing home must provide all necessary care

Solution – Family members should make it clear that a shortage of staff or money is no excuse to provide less service to the resident

    #5. Improper Use of Physical Restraints

Fact – Physical restraints cannot be used as a form of discipline

Solution – The use of restraint can only be approved by the patient’s doctor and the patient. Making sure these rules are followed is vital

    #6. Improper Use of Behavior- Modifying Medication

Fact –  Medication can be used but only when the behavior is a diagnosed issue

Solution – The resident may feel free to say no at any point in treatment and family should monitor what drugs are being administered              

   #7. Excessive Use of Feeding Tubes

Fact – The use of a feeding tube is a last resort

Solution – There should never be hesitation to refuse a feeding tube if the resident is still able to eat with assistance

    #8. Imposing Visiting Hours on Families and Friends

Fact –  A resident’s family member can visit at any time

Solution – If the facility has strict visiting hours, you can tell them that the Reform Law allows family to visit at any time

    #9. Forcing Family and Friends to Take Financial Liability

Fact – A nursing home requires no one to be financially responsible except for the resident

Solution – One may volunteer to be financially responsible but make sure it is never forced and that the resident always makes the final decisions

    #10. Forcing Residents to Give Up Legal Rights and Commit to Arbitration

Fact – There is no good reason for an arbitration agreement to be signed

Solution – During admission, the form should not be signed in case of circumstance changes


Archived Posts

2019
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013



The Law Office of Sam W. Boone, Jr. assists in Gainesville, Florida and the surrounding counties.

*The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.*

* I have read and accept the disclaimer **


The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances.

© Sam W. Boone, Jr., P.A. | Disclaimer | Law Firm Website Design by Zola Creative



© 2019 Sam W. Boone, Jr., P.A. | Disclaimer
4545 NW 8th Avenue, Suite A, Gainesville, FL 32605
| Phone: 352-374-8308

Estate Planning | Advanced Estate Planning | Elder Law | Special Needs Planning | Probate / Estate Administration | Asset Protection | Guardianships | Pet Trusts | Planificación de Bienes | Planificación Avanzada de Propiedad | Reviews | About Us | Resources

Attorney Web Design by
Amicus Creative