Regulations of Nursing Homes

The Nursing Home Reform Act of 1987 provides protection for residents in nursing homes and establishes standards for review for service of residents. The Act made some significant changes which include the following:

  • Focus on the Nursing Home Residents quality or care and life
  • Uniform certification requirements for Medicare and Medicaid Homes
  • Prohibitions of requiring payment for Medicare and Medicaid services
  • Assessment process for individualize care
  • Focus on daily living needs of residents

The Nursing Home Reform Act applies to all facilities, which includes a skilled nursing facility or nursing facility and set out the Requirements for long-term care facilities.

  • Resident Rights, 42 CFR 483.10
  • Admission, Transfer and discharge rights, 42 CFR 483.12
  • Resident behavior and facility practices, 42 CFR 483.13
  • Quality of Life, 42 CFR 483.15
  • Nursing services, 42 CFR 483.30
  • Dietary Services, 42 CFR 483.35
  • Physician services, 42 CFR 483.40
  • Specialized rehabilitative services, 42 CFR 483.45
  • Dental services, 42 CFR 483.55
  • Pharmacy services, 42 CFR 483.60
  • Infection Control, 42 CFR 483.65
  • Physical environment, 42 CFR 483.70

Also, with the Nursing Home Reform Act was the development of Nursing Home Resident’s Bill of Rights

All Residents have the following rights as established by the Nursing Home Reform Act

  • Right to exercise his or her rights as a resident of the facility
  • Right to be free of interference, coercion, discriminations or reprisal
  • Right to his or her records upon request within two (2) working days notice
  • Right to refuse treatment and to formulate an advance directive
  • Right to be fully informed of his or her total health status
  • Right to manage his or her financial affairs
  • Right to privacy and confidentiality
  • Right to organize and participate in a resident or family counsel
  • Right to self determination and participation

If a Nursing Home fails to follow the requirements under federal and state law, they can be subject to administrative and civil penalties. All residents have the right to insist that they receive the care and dignity we all deserve.

Under West Virginia Code of Regulations 64CSR13, the state has adopted the state's regulations concerning the licencing, operation and standard of care of nursing homes located in the State of West Virginia.

The West Virginia Code of State Regulations also provides through state law the confirmation of resident's rights similar to those set out in the Nursing Home Reform Act.