Thursday , July 19th 2018
 
       
 
Practice Areas
 
 
 

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 Florida, persons who violate a resident rights may be liable for damages. Fla. Stat. § 400.023.

Fuentes & Berrio, L.L.P 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 Fuentes & Berrio, L.L.P now at 305-931-2002 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.

<< back

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

 
Contact Us
 

For questions about personal injury laws, fill out the form below or contact us by phone.

Law Offices of
Fuentes & Berrio.LLP

709 E. Hillsboro Blvd.
Deerfield Beach, FL 33441

(877) 354-LAWS
Toll Free
(954) 752-1110
Broward County
(305) 931-2002
Miami Dade
(561) 279-2424
Palm Beach
(352) 387-1000
Martin County
(954) 794-1212
Fax
If you would like to contact us or have us review your case, please fill out the form below.
 
 
 

Home | About us | contact us | newsletter | ESPAÑOL

Copyright © 2008 Fuentes & Berrio, L.L.P., All rights reserved | Developed by LawyerEdge