Nursing Home Laws

Virtually every state has its own laws and regulations which govern the standard of care and the operating procedures for nursing homes. There are several major nursing home federal statutes and regulations which apply. These include:

Federal Statutes:

The Nursing Home Reform Act of 1987: The Federal agency responsible for the enforcement of this Act is the Health Care Financing Administration of the Department of Health and Human Services. The acronym for this group is HCFA, pronounced "hickfa."

Federal Regulations:

42 CFR Part 483 (1994): These regulations set forth specific criteria governing all aspects of nursing home care, including the rights of nursing home residents, the quality and adequacy of care, treatment and maintenance of residents, the number and quality of staff, etc. All nursing homes and/or long-term care facilities which receive any Medicare or Medicaid reimbursement funding are subject to these regulations. Compliance is monitored by routine and unknown inspections of nursing home facilities. The regulations are primarily of two types (a) residents' rights, which specifies the rights of all residents in nursing homes; and (b) "compliance requirements," which define the basic standard for the health, safety and welfare of residents.

State Laws: (Examples):

1. VA Code Ann. Sec. 18.2-369, Abuse and Neglect of Incapacitated Adults: Any responsible person who abuses or neglects an incapacitated adult may be guilty of a Class I Misdemeanor, and if the violation results in serious bodily injury, it can be punishable as a felony.
2. VA Code Ann. Sec. 63.1-55.3: Physicians and nurses are required to report abuse, neglect or exploitation of adults in nursing homes.
3. VA Code Ann. Sec. 32.1-125: All nursing homes are required to have a license issued by the Commonwealth of Virginia.
4. VA Code Ann. Section 32.1-126.01: Nursing homes are prohibited from hiring any one without a thorough criminal records check. Failure to comply can result in the loss of the nursing home license.