[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.truittlawoffices.com\/blog\/obra-guidelines\/#BlogPosting","mainEntityOfPage":"https:\/\/www.truittlawoffices.com\/blog\/obra-guidelines\/","headline":"What are OBRA Guidelines for Indiana Nursing Homes?","name":"What are OBRA Guidelines for Indiana Nursing Homes?","description":"The Omnibus Budget Reconciliation Act of 1987 forever changed the way our country views the rights of nursing home residents. It also changed our expectations about the quality of care that nursing homes must provide to them. Today, thanks to OBRA, we now have federal regulations that apply to the...","datePublished":"2018-06-04","dateModified":"2024-05-09","author":{"@type":"Person","@id":"https:\/\/www.truittlawoffices.com\/blog\/author\/richardtruitt\/#Person","name":"Richard Truitt","url":"https:\/\/www.truittlawoffices.com\/blog\/author\/richardtruitt\/","identifier":13,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/873e99ebaf9a19c98d76d750d942377a4e6f6cd1e89779c7698fb25efd30f015?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/873e99ebaf9a19c98d76d750d942377a4e6f6cd1e89779c7698fb25efd30f015?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Truitt Law Offices","logo":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","width":427,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2020\/12\/nursing-home.jpg","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2020\/12\/nursing-home.jpg","height":667,"width":1000},"url":"https:\/\/www.truittlawoffices.com\/blog\/obra-guidelines\/","about":["Nursing Home Abuse"],"wordCount":1023,"articleBody":"The Omnibus Budget Reconciliation Act of 1987 forever changed the way our country views the rights of nursing home residents. It also changed our expectations about the quality of care that nursing homes must provide to them. Today, thanks to OBRA, we now have federal regulations that apply to the majority of nursing homes in our country.If your loved currently lives in a nursing home in Fort Wayne or elsewhere in Northeastern Indiana, you should familiarize yourself with OBRA and the regulations that this landmark piece of legislation created. You may have grounds for a\u00a0nursing home abuse lawsuit\u00a0if your loved one suffers harm due to a nursing home\u2019s violation of his or her rights and fails to meet the basic standard of care that federal regulations have established.What is OBRA?As\u00a0AARP\u00a0describes, the Institute of Medicine released a study in 1986 that exposed widespread abuse and neglect of nursing home residents throughout the country. The study\u2019s findings spurred Congress to put the Federal Nursing Home Reform Act and several other bills into what became the Omnibus Budget Reconciliation Act of 1987, or OBRA.The legislation led to the enactment of federal regulations that are aimed at ensuring that nursing home residents receive \u201cthe necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, consistent with the resident\u2019s comprehensive assessment and plan of care.\u201d The regulations apply to all nursing homes in the U.S. which receive Medicare and Medicaid funding, which means the majority of nursing homes. You can find the regulations at\u00a042 CFR Part 483.State agencies such as the\u00a0Indiana Department of Health\u00a0are responsible for the enforcement of these regulations. At least once every 15 months, the agency must conduct an unannounced survey of a nursing home and check on whether the facility is providing residents with the quality of care that they are legally entitled to receive. The surveys include interviews with residents. Additionally, the agency must respond to complaints about nursing homes.If the agency conducts a survey or investigation and finds that a nursing home is out of compliance, the agency can impose sanctions. Those potential sanctions include ordering nursing home to follow a \u201cplan of correction,\u201d imposing fines and \u2013 in the worse cases \u2013 forcing the facility to close. A nursing home\u2019s violation of federal regulations may also serve as strong evidence in a\u00a0personal injury\u00a0or\u00a0wrongful death\u00a0claim against a nursing home.Rights of Nursing Home ResidentsAs stated above, OBRA recognized that nursing home residents have certain rights. Facilities must respect those rights and provide an environment that allows residents to exercise them. They include the right to:Enjoy living in a safe, clean, comfortable and homelike environmentFreedom from abuse, mistreatment and neglect (including corporal punishment or involuntary seclusion)Freedom from misappropriation of their property or financial exploitationFreedom from physical (and chemical) restraintsPrivacy (including confidentiality of their medical records)Accommodation of their medical, physical, psychological and social needsParticipate in resident and family groupsBe treated with dignity and respectExercise self-determinationCommunicate freelyChoose their attending physicianParticipate in the review of their written care plan and to be notified in advance about any changes in care, treatment or change of status in the facility.Voice grievances without discrimination or reprisal (and without being put in fear of such retaliatory action).Additionally, federal regulations require that nursing homes inform residents of their rights upon their admission to a facility.Duties of Nursing HomesIn addition to spelling out the rights of nursing home residents, the federal regulations set out specific requirements that nursing homes must follow. Those requirements include:Developing a\u00a0comprehensive \u201cperson-centered\u201d care plan\u00a0for each resident.\u00a0The facility generally must prepare this plan within 14 days after the resident\u2019s admission and review it on a quarterly basis. Additionally, the facility must keep accurate and thorough records that document the resident\u2019s care and treatment.Preventing pressure ulcers.\u00a0If a resident develops a pressure ulcer, or \u201cbed sore,\u201d the staff must provide treatment that promotes healing, avoids infection and stops new sores from developing.Preventing accidents.\u00a0The facility must ensure that the living environment \u201cremains as free of accident hazards as is possible.\u201d The staff must also provide adequate supervision and assistive devices to residents in order to prevent accidents such as falls.Providing adequate nutrition and hydration.\u00a0In particular, the facility must offer a \u201ctherapeutic diet\u201d if a resident suffers from a nutritional problem, and a health care provider orders the diet.Maintaining an infection prevention and control program.\u00a0The facility must provide a safe and sanitary environment that prevents the development and spread of\u00a0infections and communicable diseases.Providing competent medication services.\u00a0The facility must have procedures in place that ensure patients receive the right type and dosage of prescribed\u00a0medications.Maintaining sufficient staffing levels.\u00a0The facility must have a sufficient number of\u00a0nurses on staff\u00a0to meet residents\u2019 needs, and the nurses must have \u201cappropriate competencies and skills sets.\u201dWhat Can You Do If a Nursing Home Violates Federal Regulations?If you suspect that a nursing home has violated federal regulations and harmed your loved one, you should take steps that include:Notifying the nursing home in writing.\u00a0The nursing home may investigate the matter and take corrective action. However, if the facility ignores you or fails to take action that satisfies you, then you should take further action.Contact your local ombudsman.\u00a0The\u00a0Indiana Long-Term Care Ombudsman Program\u00a0has local representatives who will review and investigation your complaint.Report the suspected abuse or neglect.\u00a0Call your local law enforcement agency or Indiana Adult Protect Services at (800) 992-6978.Our Fort Wayne Nursing Home Abuse Lawyers Can Help YouIf you believe that your loved one has suffered abuse or neglect in a nursing home, contact\u00a0Truitt Law Offices\u00a0for a\u00a0free consultation. For nearly four decades, we have protected the rights of nursing home residents in Fort Wayne, Huntington and throughout Northeastern Indiana. We will take immediate steps to protect your loved one\u2019s safety and pursue the compensation that you and your loved one deserve."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.truittlawoffices.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What are OBRA Guidelines for Indiana Nursing Homes?","item":"https:\/\/www.truittlawoffices.com\/blog\/obra-guidelines\/#breadcrumbitem"}]}]