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I am going to have to place my mother in a Nursing Home based on her doctor's recommendation. I am going to visit several Nursing Homes but don't really know what to look for while I am there or what to ask. Do you have any suggestions?

Yes. There are numerous things to look for and to ask the Nursing Home staff. Because of space limitations, I will have to answer your question in several parts over the next few weeks. While at the Home pay attention to the little things that can tell you what the residents must deal with daily, such as how the Home smells. It should not smell like urine. The walls, floors, bathrooms and dining areas should all be clean. The residents should be groomed and dressed appropriately. Notice if the residents are provided activities and have interaction with each other and the Staff or if the majority of residents are left to sit by themselves or are in their rooms alone. While the residents are dining watch how the Staff accommodates their needs or if the residents are left by themselves, unable to feed themselves or get additional food items or fluids. Nursing Home Residents have specific rights. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, or if you would like a free copy of the Resident's Rights, please feel free to contact our office.

When are Certified Nurse Aides legally required, in just nursing homes or where? Would just on the job training be enough? What is the normal turn over rate for CNA's?

Any facility that is Medicare licensed must have sufficient nursing staff to care for the residents. The staff can include CNA's. They cannot use health care staff that is not certified or licensed to provide direct resident care. A CNA must have completed a training and competency evaluation program, or a competency evaluation program approved by the State as meeting requirements of Federal Law. The turnover rate that we have seen is usually very high due to the low wages paid by Nursing Homes to these type of personnel. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

Upon admission of our parents to a Nursing Home, who will discuss the Doctors appointments with us? Are there any documents that are signed to document who the doctor will be? If my parents are not seen, who will notify the Doctor or family?

Upon admission the choice of the resident's family physician should be discussed with the Administrator, Assistant Administrator and/or the Director of Nursing. The choice of the physician will be documented and usually a second choice for a "back-up" doctor should be documented. The Nursing Home facility must ensure the resident is seen on a regular basis with time requirements set out by law. They must contact the doctor and the responsible party for the resident if the resident has not been seen as required. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

Recently, the United States Congress considered passing a "Patient's Bill of Rights" which I understood would apply to all Americans. Do residents of Nursing Homes have any type of "Resident's Rights"?

Yes. Nursing Home residents have specific rights spelled out by Law. Upon admission to a Nursing Home, the resident and the responsible party should be made aware of these rights and should be provided with a copy of the "Resident's Rights". If you would like a copy of these "Resident's Rights", please feel free to contact our office. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

I have heard that the Nursing Homes and their insurance companies are fighting to stop public information on the Nursing Homes past problems and/or complaints from being made available to the public. Is this true?

Yes. Currently pending before the Texas Supreme Court and in other Appellate Courts are requests that all Texas Department of Human Services investigations, inspections and surveys be held confidential. The Nursing Homes and their insurance companies have been joined by The Texas Medical Association, The Texas Healthcare Association, The Texas Hospital Association and The Greater Houston Society of Health Care Risk Managers in an attempt to keep all background information on any Nursing Home from being made available to the public. As the Law currently stands, all of this background information on a Nursing Home is public. However, if they win, there will be no way to obtain this type of information on a Nursing Home. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.
 


Kerry H. Collins & Associates
1301 Ballinger Street
Fort Worth, Texas 76102

Phone:   (817) 335-9700
Fax:   (817) 335-3669
Email:   info@kerrycollinslaw.com

Toll Free:  1-877-988-1603

The attorneys of Kerry Collins & Associates are experienced in many different areas of legal practice, but excel at representing clients who have been injured. Click on the links below for more information :
Construction injuries
Auto accidents
Medical malpractice
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Nursing home neglect
Animal bites
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