OBRA
Nursing homes are regulated by the federal government under the Omnibus Reconciliation Act of 1987 (OBRA), 42 U.S.C. § 1395 - 1396 (1999). State governments are also involved in the regulation of nursing homes. Under OBRA, state governments are responsible for licensing and certifying nursing homes in their states. In order for nursing homes to receive Medicare or Medicaid, facilities must comply with OBRA provisions.
The primary goal of OBRA is to establish uniform standards for nursing homes and ensure the protection and safety of patients. For example, under OBRA, nursing homes must be inspected annually. Nursing homes are also required to create individualized care plans, reduce the use of chemical and physical restraints, and ensure that staff members are properly trained for special need situations.
Although OBRA seeks to protect residents in nursing homes, OBRA does not allow nursing home residents to file a lawsuit in order to enforce OBRA regulations. State and federal agencies, however, are able to impose penalties or seek legal action for OBRA violations.
State Legislation
Because states are responsible for licensing and certification of nursing homes, most states have adopted similar provisions found in OBRA. One provision that states have widely adopted is a "Resident Bill of Rights." A resident bill of rights requires a nursing home to provide certain rights to residents. The rights generally grant residents in nursing homes a right to a dignified existence, self-determination, and access to other persons and services inside and outside the facility. Residents also have a right to be free from coercion, discrimination, interference, and reprisal from the facility. If a nursing home fails to meet these rights, it may be penalized, or have their license revoked.
Some states also have statutes that provide patients various remedies for nursing homes malpractice. In Pennsylvania, persons may also be held criminally liable. 18 Pa. Cons. Stat. Ann. § 2713.
Richard C. Senker, Attorney at Law is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved one has been victimized by medical malpractice while in the care of a senior citizen facility, call Richard C. Senker, Attorney at Law now at 1 800 AUTOCRASH or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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The Law Office of Richard C. Senker handles the following types of cases: Personal Injury including Automobile Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Wrongful Death, Insurance Bad Faith, Nursing Home Abuse, Workers' Compensation, Airplane Accidents, Dog Bites, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.
The Law Office of Richard C. Senker serves the following areas: Abington, Allentown, Ambler, Ardmore, Audubon, Bensalem, Berks County, Berwyn, Bethlehem, Blue Bell, Boyertown, Brandywine, Bridgeport, Bristol, Broad Axe, Broomall, Bryn Athyn, Bryn Mawr, Bucks County, Cheltenham, Chesterbrook, Chester County, Chester Springs, Chestnut Hill, Churchville, Coatesville, Collegeville, Conshohocken, Darby, Delaware County, Devon, Douglasville, Doylestown, Dresher, Drexel Hill, Eagleville, East Greenville, East Norriton, Elkins Park, Erdenheim, Exton, Feasterville, Flourtown, Fort Washington, Frazer, Gilbertsville, Gladwynne, Glenside, Green Lane, Harleysville, Hatboro, Hatfield, Haverford, Havertown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lafayette Hill, Langhorne, Lansdale, Lansdowne, Lehigh County, Lehigh Valley, Levittown, Limerick, Lionville, Lower Gwynedd, Lower Merion, Lower Pottsgrove, Lower Providence, The Main Line, Malvern, Media, Methacton, Montgomery County, Montgomeryville, Norristown, North Wales, Oaks, Olney, Oreland, Paoli, Perkasie, Philadelphia, Phoenixville, Plymouth Meeting, Pottstown, Quakertown, Radnor, Red Hill, Rockledge, Rosemont, Royersford, Schwenksville, Sellersville, Skippack, Southampton, Souderton, Springfield, Springhouse, St. Davids, Telford, Trevose, Trappe, Trooper, Upper Darby, Upper Dublin, Upper Gwynedd, Upper Merion, Upper Pottsgrove, Upper Providence, Valley Forge, Villanova, Warminster, Warrington, Wayne, West Chester, West Norriton, Willow Grove, Worcester, Wyndmoor, Wynnewood.
The legal information offered by The Law Office of Richard C. Senker and contained herein regarding Pennsylvania legal statutes and Pennsylvania claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Pennsylvania lawyer regarding your specific inquiry.See Terms of Use. |
