The Nursing Home Reform Act (NHRA) of 1987 is one of the most significant legislations in the history of long-term healthcare in the United States. It was enacted as part of the Omnibus Budget Reconciliation Act (OBRA) of 1987 and has since played a critical role in shaping the standards of care in nursing homes across the nation.
Historical Context
Prior to the enactment of the NHRA, concerns about the quality of care in nursing homes were widespread. Reports of neglect, abuse, and substandard conditions had led to a growing outcry for federal intervention. Consequently, the Institute of Medicine (IoM) was commissioned in 1986 to conduct a comprehensive study on the state of nursing homes. The resulting report painted a grim picture of neglect and abuse, underscoring the need for sweeping legislative reform. This led to the passing of the Nursing Home Reform Act in 1987.
Key Provisions of the NHRA
The primary aim of the NHRA was to ensure that residents of nursing homes receive quality care that improves or maintains their “highest practicable” physical, mental, and psychosocial well-being. The Act defined the fundamental rights of residents and established a set of standards for nursing home services.
- Resident Rights: The Act emphasized the rights of the residents, including but not limited to the right to freedom from abuse, mistreatment, and neglect; the right to privacy; the right to accommodation of medical, physical, psychological, and social needs; the right to participate in resident and family groups; the right to be treated with dignity; the right to exercise self-determination; the right to communicate freely; the right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility.
- Standards of Care: The NHRA mandated that nursing homes must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.
- Certification: The Act required nursing homes to be certified by the state and federal government. This process involves regular surveys and inspections to ensure that nursing homes comply with the Act’s provisions.
- Staffing: NHRA mandated sufficient staffing levels and required that a registered nurse be on duty eight hours a day, seven days a week; a licensed nurse on duty in the evenings and on weekends; and a social worker on staff if the home has 120 beds or more.
Enforcement of the NHRA
The Act also created a system for enforcing these standards. State survey agencies conduct unannounced surveys, including resident interviews, to evaluate whether nursing homes meet the required standards. If deficiencies are identified, the nursing home must address them or face potential penalties, including fines, denial of payment from Medicare and Medicaid, or in extreme cases, closure of the facility.
Impact of the NHRA
The NHRA has had a significant impact on long-term care in the United States. It has elevated the standard of care in nursing homes, defined the rights of residents, and created a system for ensuring these rights are upheld. While the NHRA has not completely eliminated instances of neglect and abuse, it has provided a framework for addressing these issues and holding nursing homes accountable for their care.
However, challenges remain. Staffing shortages, inadequate training, and underfunding continue to plague many nursing homes. Additionally, enforcement of the Act’s provisions can be inconsistent, with some nursing homes facing minimal consequences for serious deficiencies.
The Nursing Home Reform Act of 1987 was a landmark piece of legislation that aimed to improve the quality of life and care for residents in nursing homes across the United States. It established a comprehensive set of resident rights, mandated minimum standards for nursing homes to meet in their care, and introduced a regulatory system to enforce these standards.
However, while the NHRA has brought about significant improvements, the challenge of providing high-quality, person-centered care in nursing homes remains. Ongoing issues include staffing shortages and inconsistency in enforcement of the Act’s provisions. As we continue to face an aging population and increased demand for long-term care services, it is more important than ever to build on the foundation laid by the NHRA to ensure that every nursing home resident is treated with the dignity, respect, and high-quality care they deserve.
As the United States moves forward, it’s crucial that stakeholders — including lawmakers, healthcare professionals, and the general public — remain committed to improving upon the legacy of the NHRA. This might involve revisiting and revising the existing standards, enhancing the enforcement mechanisms, and investing in resources and staff training. At the heart of these efforts must be a commitment to uphold the rights of residents and to ensure their physical, mental, and psychosocial well-being.
In the end, the goal is simple yet profound: to ensure that every individual in a nursing home is treated with dignity, respect, and receives the quality of care they deserve. The Nursing Home Reform Act of 1987 brought us closer to this goal, and our task now is to continue that journey.
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If you or a loved one has been a victim of nursing home abuse or neglect, it’s time to take action. Parker Waichman LLP is here to help you seek justice and hold those responsible accountable for their actions.
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