The Federal Nursing Home Reform Act (FNHRA) aims to protect nursing home residents by setting quality standards for care. This law also provides residents with a means to hold facilities accountable if their rights are violated. Understanding how this act impacts residents’ rights to sue can help families navigate the complex legal landscape surrounding nursing home care.
Understanding the Federal Nursing Home Reform Act
Congress passed the Federal Nursing Home Reform Act in 1987 as part of the Omnibus Budget Reconciliation Act. It set requirements for nursing homes receiving Medicare or Medicaid funding to ensure they deliver quality care. The law outlines specific rights for residents, including the right to proper medical care, freedom from abuse, and the ability to make decisions about their own treatment.
Rights to sue under the FNHRA
The FNHRA gives nursing home residents the ability to enforce their rights if they experience substandard care or abuse. Under this law, residents or their families can file lawsuits to hold facilities accountable for failing to meet federally mandated standards. Courts have ruled that the FNHRA creates enforceable rights, which means residents can sue when nursing homes violate these protections. This is an essential tool for residents seeking justice when facilities fail to uphold their responsibilities.
Recent Supreme Court ruling strengthens residents’ rights
A recent Supreme Court decision, Health and Hospital Corp. v. Talevski, strengthened residents’ ability to sue under the FNHRA. The Court ruled that residents have a private right to take legal action if nursing homes violate the rights outlined in the act. This decision has made it clear that nursing home residents can use federal courts to enforce their rights. As a result, families now have more power to demand accountability from negligent nursing homes.
The FNHRA empowers nursing home residents and their families by providing a clear path to justice. Holding nursing homes accountable ensures that facilities deliver the quality care that residents deserve and prevents future abuse and neglect.