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Placing a loved one in an assisted living facility is difficult enough without worrying about elder abuse or neglect. Unfortunately, these situations can happen. But there are federal and state nursing home regulations in place to protect the rights of nursing home residents,

Below, the elder abuse attorneys of Reed Law in Omaha, NE, share three of the most common nursing home issues and the laws in place to resolve them: 

1. Resident Is Evicted From The Nursing Homes

If a nursing home considers a resident to be “difficult” they may try to evict them from the facility. Sometimes, a facility may only give a resident a few days to vacate their rooms after an eviction. This is illegal — under nursing home regulations, a facility can only evict a resident for the following reasons:

  • nursing home regulation The resident no longer needs care from a nursing home
  • The resident is dangerous to other people
  • The nursing home cannot provide adequate care to the resident
  • The resident refuses to pay the nursing home
  • The nursing home is going out of business

Furthermore, if a nursing home tries to evict a resident, they must provide a written 30-day notice and instructions on how to appeal the eviction.  

2. Family Members Are Not Allowed To Visit

Sometimes, nursing homes may restrict the hours or days family members can visit a resident. However, this is also illegal. Under nursing home laws, family members must be allowed to visit at any time, even in the middle of the night.

3. Resident Has No Say In Their Care Plan 

Nursing home facilities determine the medical care that a resident will receive. However, if the resident does not agree with the facility’s plan, the facility must make adjustments. For example, the use of restraints, feeding tubes, or sedatives can only be used when necessary for the resident’s health. If a facility uses these medical treatments without cause, they are breaking federal law.  

For more information about nursing home regulations or to file a complaint against a local facility, contact Reed Law at (402) 933-0588, or visit the website to set up a consultation with a nursing home abuse attorney today.  

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