State Nursing Home Laws
Every state has nursing home abuse protection laws in place. State nursing home laws are required to reaffirm the federal laws. All state governments require nursing homes to create and follow a personalized care plan for each of their residents. By both state and federal law, nursing homes are required to periodically assess the status of each resident and update any possible changes that may need to be made to their personalized care plans. By both state and federal law, nursing homes are required to keep a documented record of each patient that keeps track of the patient’s progress and can serve as an accurate history of the evolution of the patient’s personalized care plan. By both state and federal law, nursing homes are required to maintain a staff large enough to meet the requirements of each residents care plan. The fact that state legislatures are required to reaffirm the federal nursing home abuse laws means that any nursing home that is found to be in violation of any of these regulations is in violation of state and federal laws.
All states are required to include federal nursing home regulations in their state legislations. However, some states have viewed the federal nursing home abuse laws as a starting point and made improvements during the creation of their own state nursing home abuse legislations. California is the leading example of a state that has created much stricter regulations for nursing homes. The California Elder Abuse & Dependent Adult Civil Protection Act provides much harsher regulations for nursing homes to abide by and calls for thorough regulation of nursing home facilities.
Most, if not all, states have laws in place that require people to report suspected elder and nursing home abuse. The Adult Protective Services offers toll free hotlines that will take and screen calls of reported nursing home and elder abuse and provide case workers when needed. To report a case of nursing home abuse, call the APS Complaint Resolution Unit toll-free hotline at 1-800-562-6078.