Revised Nursing Home Regulations on Admissions

Late last year, the Centers for Medicare & Medicaid Services (CMS) issued revised nursing facility regulations. The National Consumer Voice for Quality Long-Term Care, the Center for Medicare Advocacy, and Justice in Aging collaborated to create a document summarizing the highlights of these revised regulations. The changes primarily deal with admissions to nursing facilities and liability for nursing facility bills.

First, nursing facilities cannot require residents to enter into agreements or sign other documents that waive important rights. For instance, a resident cannot waive the protections of any federal, state, or local nursing home laws. Likewise, a resident cannot waive rights to Medicare or Medicaid coverage, or any responsibility of the facility to safeguard his or her personal property. A facility also must give notice to residents prior to admission of any service limitations or special characteristics.

Next, the revised regulations deal with responsibility for a resident’s nursing facility bill. A nursing home cannot compel a family member or friend of the resident to be financially responsible for a resident’s bill. However, a nursing home can require the resident’s agent to agree to pay the resident’s money toward his or her nursing facility costs.

Finally, the revised nursing facility regulations prohibit pre-dispute arbitration agreements, but this important consumer protection is currently blocked in litigation. It will be important to monitor this litigation in order to determine the continued legality of such arbitration agreements, which take away significant rights from residents who have disputes with nursing facilities.

Boller & Vaughan knows the devastation that can occur when nursing homes and other long-term care facilities breach regulations concerning health, safety, and admissions. Fortunately, we have the knowledge and the experience to help you through any type of elder abuse or neglect claim, particularly when injury results from a wholly preventable issue. No matter what type of nursing home facility abuse or neglect is at issue in your case, we can help. All too often, residents and their families are reluctant to demand justice for situations that occurred in the resident’s care. In this situation, you can count on your Madison elderly abuse attorneys to guide you through every step of the personal injury claims process.