Recent series of articles Wall Street Journal In an effort to control their behavior and behavior, he draws an obtrusive picture of nationwide nursing home systematically prescribing residents with antipsychotics. The Wall Street Journal In spite of the FDA's warning about the use of the same drug, the use of new antipsychotic drugs to control the behavior of dementia patients has been reported to have increased rapidly. At the center of Medicare and Medicaid Services, approximately 30% of the residents of nursing homes report that they are taking antipsychotics.
Although reports of this nature are not new, lawyers, families, and friends will rekindle the need to know, understand and effectively claim the residents of the nursing home for nursing homes. right.
The 1987 Nursing Assistance Reform Act ("NHRA"), a part of the Omnibus Budget Arbitration Act (OBRA) in 1987, establishes quality standards for nursing homes across the country, a state investigation and certification Process (42 CFR 283.0). These rules represent the minimum standards for long-term care facilities. They were promulgated to improve the quality of residents' care. The general objectives of OBRA are as follows.
(A) Promote and improve the quality of life of residents.
(B) Provide services and activities to achieve or maintain the practical, physical, mental and spiritual social well-being of each resident according to the plan of nursing.
(C) Participation by residents and defenders is stipulated as a criterion for evaluating whether facilities comply with administrator requirements. And
(D) Ensure access to the long-term care ombudsman (third-party resident attorney) for residents of the facility so that the ombudsman can access records, residents and caregivers.
The goal is to be carried out by the NHRA to establish residents' rights bibliography:
- The right to freedom from abuse, abuse, and neglect;
- Right to physical freedom from freedom.
- Rights of privacy.
- Right to accommodation in medical, physical, psychological, social needs;
- Right to participate in residents and family groups.
- Right to treat with dignity.
- Right to exercise self determination.
- Right to communicate freely.
- Participate in reviewing one care plan and fully
- Notify in advance about changes in care, treatment, or change in condition within the facility. And
- Right to appeal complaints without discrimination or retaliation.
Copies of the rights chapter of residents of nursing homes should be posted in the lobby of the establishment in a prominent manner. These rights are inherently common, but NHRA specifically defines the parameters of each right. For example, compared to medications, NHRA has been found to be effective for residents to have no unnecessary physical or chemical constraints, including antipsychotics and sedatives, unless the doctor approved within a certain limited time period Forbidden.
In addition, NHRA specifically provides the following:
(A) The facility notifies the resident of the name, expertise and means for contacting the physician responsible for the care of the resident.
(B) The facility shall notify residents, their guardians or families of interest about the declining health of the resident, or the physician wishes to change the treatment.
(C) The facility must provide access to the resident 's medical records within one business day and shall grant the right to receive a copy of the record at reasonable cost.
(D) The facility shall provide written explanations on the rights of residents, state laws relating to willingness to survive, durable power of attorney, etc, unless we submit a copy of the facility policy to implement these directives It will not. This is particularly important when the facility refuses to respect the prior instructions to the inhabitants in connection with the decision of life-threatening, nutrient tubes, ventilators, respirators.
(E) Residents have the right to privacy covering all aspects of care. And
(F) Residents can not come home to another room, another nursing home, hospital or home.
In short, with familiarity with OBRA and NHRA, practitioners can obtain a better perception of protocols for the following relevant fields.
- Abuse including unnecessary or excessive restraint.
- Pressure ulcer, infection, depression, fracture.
- Harmful drug reaction and excess drug.
- Nutrition, hydration, unintentional weight loss.
- Dining and food service.
- Sufficiency of staff including nursing.
- Rehabilitation care (including physical therapy and speech therapy).
As the baby boom generation grows older, it is inevitable that quite a few people spend their time at the aged home. Knowledge of their rights is very important to lawyers, families and friends.
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