In New Jersey, federal and state laws apply to any instance in which a senior patient is abused or neglected in a nursing home. The offenses could lead to a civil and criminal case against the facility. A local attorney could provide guidance for families that suspect these heinous crimes.
How Does the Nursing Home Reform Act Apply?
The Nursing Home Reform Act defines the exact requirements for all nursing home administrators. According to the laws, the administrator is required to assess all patients periodically and establish their health status. A care plan must be in place for all patients that live in the facility. The administrator must provide dietary services, rehabilitation after injuries or surgeries, nursing care, and offer social services for the patients. A social worker must be hired for any facility in which more than one hundred-twenty residents could live in the nursing home.
What can the Government Do to Enforce Nursing Home Laws?
The federal government can penalize any nursing home facility that is in violation of the law. According to the laws, the government could impose fines that start at $50 and range up to $10,000 for each violation. Federal agencies can also require state monitoring of the facility and a directed strategy for correction violations. The facility could be denied any payments from Medicaid or Medicare recipients. New management could be assigned to the facility, or the provider agreement could be terminated.
Who is Identified in a Lawsuit Against the Nursing Home?
It depends on who owns and operates the facility. The state of New Jersey could be the defendant if the facility is owned and operated by the state. However, if a private entity or organization is responsible for the facility, the owner is the defendant. Typically, the administrator could be included as well as any staff members who were identified during an investigation.
Are Criminal Charges Imposed?
If the patient is physically or sexually assaulted, criminal charges are imposed on the individual that perform these acts. Law enforcement must be notified and informed of all allegations against the facility and/or their staff.
In New Jersey, federal and state regulations outline the direct responsibilities for nursing home administrators. When administrators fail to protect patients, they are held accountable under these laws. Families that need legal help for elderly abuse in nursing homes contact an attorney now.