The Nursing Home Reform Act (NHRA)

Nursing Home Reform Act

As previously stated, The Nursing Home Reform Act (NHRA), public law 100-203 is a federal policy. This policy provides guidelines for care facilities such as nursing homes to follow. In addition, he NHRA also provides guidelines for services the care facility must provide or they are subject to face punishment from the federal government (Nursing Home Reform Act, 1987). The Nursing Home Reform Act is part of the Omnibus Budget Reconciliation Act (OBRA) of 1987 section C under title IV, Medicare, Medicaid, and Other Health-Related Programs (Hollis Turnham, 2007). As previously stated, the Nursing Home Reform Act was introduced that there was legislation to ensure fair treatment for nursing home residents (Gerontology

As evidenced through the hearing, there are mixed feelings about the NHRA. While it is clear that regulations that came from the NHRA have bettered the nursing home system, there are still nursing homes that fall through the cracks. Some of the reasons that NHRA is not reaching all nursing homes is politics, staff-issues and outdated regulations.

A major deficit in the NHRA is its protections specifically pertaining to sexual orientation and gender identity. One journal published in Texas Law Review reports on the treatment of queer patients (Ritter, 2011). The author states that although the NHRA has had some success in improving the conditions of nursing homes, there is evident abuse and neglect of queer patients (Ritter, 2011). There are reports of nursing home staff that have abused and ridiculed patients based on their sexual and gender identity. The lack of training and awareness of queer culture is a large contributor to this stigmatizing behavior evidenced by these staff members. Reports of this type of mistreatment is on the rise in nursing homes (Ritter, 2011). In regards to sexuality, sexual aggression has also been reported as an under recognized problem. There is evidence that suggests most sexual crimes against older adults happen in long-term care facilities, this suggests that more interventions must

Since ombudsman program is federal, it is mandated by law that every state has this program (Netting, Huber, Paton, & Kautz, 1995). This program is for all older adults living in long-term care facilities in the United States. Through OBRA and NHRA, it guaranteed ombudsman access to resident’s medical records.

The purpose of the ombudsman is advocating for the rights of the resident. The benefit is that there is a professional who is representing the family and resident who are unable to speak up for themselves. Ombudsman work in both state and federal legislative to promote policies that advance elder rights (Netting, Huber, Paton, & Kautz, 1995). Structurally, ombudsman program works out of agencies on aging and are state run. Additionally, ombudsman can work alongside social workers and serve as a mediator available to both social workers and residents.

Policy Impact Nursing Home Care