Call Today
704-333-0885

Roadblocks to Shutting Down Bad NC Nursing Homes

Nursing homes are held to a very high standard of care, primarily because they are directly responsible for the lives of the elderly and their overall well-being. One of the federal regulations governing nursing home conduct is the Nursing Home Reform Act of 1987, which requires that all nursing homes who receive Medicare and Medicaid funds maintain facilities that are safe for the residents and keep them free from physical, mental and sexual abuse.

One part of the reform updated the law to include provisions that prevent nursing homes that have been terminated from the Medicaid program from being re-admitted to the program. These nursing homes can be re-admitted, however, if the specific state surveying agency that oversees the facility can establish that the deficiencies and non-compliance in the home that led to the termination have been remedied with sufficient assurances that they will not occur in the future.

One of the biggest obstacles in bringing a halt to abuse in nursing homes is the enforcement of the law and punishment levied against facilities that are not in compliance with federal regulations.

The most common punishment implemented against facilities not in compliance with federal regulations is a fine on the facility for their violations. Even facilities that are repeat offenders are often fined repetitiously instead of succumbing to harsher punishments like being shut down. The main reason for this is the problems within the regulations that govern the nursing homes themselves.

The Main Roadblock to Shutting Down Bad Nursing Homes

When discussing nursing home regulation reform in 1987, Congress ultimately decided that the Secretary of Health and Human Services should revise the repeat deficiency provision of Medicare and Medicaid regulations to limit the use of de-certification to instances where a nursing home cannot adequately justify repeat deficiencies that seriously threaten patient health and safety.

Taking away federal funds for repeat offenders would be a very effective method to punish facilities that continually jeopardize the health and safety of their patients. Instead, Congress adopted a philosophy that stifles the ability of regulators to de-certify facilities that are repeat offenders because now these non-compliant nursing homes can simply come up with a “good reason” to justify any deficiencies. Ironically, the law that regulates compliance by nursing homes is the biggest roadblock to shutting down bad nursing homes in North Carolina.

If you have a loved one that’s been abused at their nursing home or you suspect your loved one is being abused at a nursing home and want information on how you can take action, contact Campbell & Associates today for a free consultation with an experienced nursing home abuse attorney at our Charlotte law firm.

FREE AND CONFIDENTIAL CASE REVIEW

We want to hear your story, so we can help.
By submitting your request via our online forms or chat, you grant permission to our law firm to contact you by text message using the phone number that you provided so we may assist you with your request for a free case evaluation. Being contacted is not a condition of purchase or acceptance of services of any kind.

Call Today
704-333-0885

                                       

Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts and settlements. You can find the criteria for membership in the Million Dollar Advocates by clicking here. Campbell & Associates Personal Injury Firm does not represent or claim that similar results will be achieved in your case.

The National Trial Lawyers is a national organization composed of the Top 100 Trial Lawyers from each state. Membership to the organization is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense. For more information on the National Trial Lawyers organization click here. Campbell & Associates Personal Injury Firm does not represent or claim that similar results will be achieved in your case.