In 1986, Congress commissioned a study that found that nursing home abuse was widespread – too many nursing home residents were being abused and neglected, or otherwise not properly cared for. In response to the problem, Congress enacted the Nursing Home Reform Act (NHRA) of 1987 to improve the quality of care and outline the rights of residents living in 17,000 care facilities across the country.

The NHRA aimed to make sweeping reforms on several different issues. One main factor was to eliminate those with mental illness from “standard” nursing homes through screening and identification of more appropriate, specialized facilities. The Act also eliminated the two-tier system of “nursing facility” and “intermediate care facility” requiring that all facilities provide accepted nursing care standards. Further, the NHRA put the responsibility of protecting the rights of its residents squarely on the nursing home’s shoulders, and outlined penalties for non-compliance of any stipulation in the Act.

Although the NHRA is a great reform in theory, it has failed to stop nursing home abuse. In fact another Congress investigation in 2001 showed that abuse and neglect were increasing. During a two-year study period, over 5,000 nursing homes had been cited 9,000 times for various abuse violations including incidents that caused harm or death. That’s one-third of the nursing homes in America, and it does not include unreported or undiscovered incidents. Some industry experts have estimated that only 1 in 14 incidents are properly reported.

Some non-profit and independent groups are voicing their frustration over the system and the lack of government to follow through on the Act. The National Mental Health Association printed a statement in June 2000 that urged its affiliates to “ensure that provisions of the law are appropriately followed and that necessary resources are made available to provide both appropriate nursing home care and alternative community services for persons with a serious mental illness.”

The American Association for Retired Persons (AARP) delicately stated “the extent to which the Nursing Home Reform Act succeeds in actually improving nursing homes, however, depends on the effectiveness of its enforcement.” And in 1999, researchers at the University of California, San Francisco found that “the deteriorating quality of health care in US nursing homes may be due, in part, to poor enforcement of federal regulations.”

As rampant nursing home abuse continues, consumers are left in a position where they cannot trust the system – and that trust cannot be built until inspections and enforcement increase.

If you or a family member has been injured in a nursing home, contact Jim S. Adler & Associates for legal advice. Nursing homes and facilities have a duty to keep all of their residents safe, and to protect them from abuse and neglect by staff and other residents.

Call us today or click on the link on this page for a free case review. Nursing home abuse can lead to unnecessary pain and suffering, and may add to your medical bills. Jim S. Adler & Associates can help you get the compensation you deserve.