UPDATE: In September 2016, The Center for Medicare and Medicaid Services (CMS) ruled in favor of improving the care, safety, and consumer protections for long-term care facility residents that participate in Medicare and Medicaid programs.
What Do These CMS Regulations Mean for Nursing Home Patients?
The goals of these improvements were to reduce unnecessary hospital readmissions and infections that result from improper care of the elderly, doctor error, and overall negligence when treating patients of the long-term care facilities. As the first comprehensive rules applied to long-term care facilities since 1991, these regulations seek to change the quality of care of the elderly in nursing homes, as well as increase safety measures in place for patients.
These Changes to Nursing Home Care Include:
- Prohibiting the use of pre-dispute binding arbitration agreements by nursing homes when making decisions about their residents
- Mandating that staff members at facilities are properly trained to care for residents with dementia
- Holding facilities liable for not appropriately staffing their nursing homes to cut costs and save money.
- Bettering the criteria for discharging patients to ensure that unhealthy patients or elderly unable to care for themselves are being discharged unjustly
- Requiring the presence of an infection prevention and control officer and antibiotic stewardship program that includes new protocols to monitor antibiotic administration and use.
The elderly are some of the most vulnerable residents in New York and throughout the country. The fragile health condition of elderly patients and the position of power that hospitals and nursing homes have over their patients leave elderly patients susceptible to abuse and medical malpractice. As a result, the elderly are often victims of medical malpractice in hospitals or nursing homes.
Woman Brings $6 Million Medical Malpractice Case Against Hospital and Nursing Home
A recent complaint filed by a nursing home patient in Gloversville identifies some dangers of not receiving proper medical care and treatment. A Gloversville woman recently filed a medical malpractice lawsuit against the Nathan Littauer Hospital Association and the Fulton Center for Rehabilitation and Healthcare.