Most families would prefer to keep a cherished elderly family member in their homes where they are safe and comfortable, but seniors eventually reach a stage of life where they need a greater level of medical care than most families are capable of providing at home. When families place an elderly loved one into an Arizona nursing home, they have a right to expect quality care with respect for their aging family member’s human dignity. Unfortunately, about five million elderly people experience abuse each year, including hundreds of thousands of nursing home residents. These alarming statistics reveal that nursing homes all too often depart from the standard of care that residents and their families have a right to expect.
If your loved one has suffered mistreatment, a Phoenix nursing home abuse lawyer can help you seek justice and hold negligent facilities accountable.
Contact Knapp & Roberts
Standards of Care In Arizona Nursing Homes
What Are the Standards of Care In Arizona Nursing Homes?
Like other states, Arizona has specific standards in place for regulating nursing home care. The care standards help ensure that nursing home administrators and staff comply with the regulations that keep residents safe and enjoying the best possible quality of life in their final years. Below are the expected standards of care for Arizona nursing homes.
State Licensing Requirements
In Arizona, all nursing homes except tribal facilities must have a valid state license and follow requirements to maintain the license. Licensing occurs through the state’s Office of Long-Term Care Licensing, which performs routine inspections of the facilities. The nursing home administrators must display the license to the public inside the facility. Most nursing homes accept Medicare and Medicaid patients, so they are also required to meet federal regulations and maintain their federal licensing.
Medication Standards
Most elderly nursing home residents are on multiple medications. A critical component of care is the correct administration of medication to elderly residents. Arizona Code §R9-10-2221 defines the way nursing home staff must manage and administer medications to nursing home residents, including the following:
- Administrators must inform residents or their representatives about the resident’s prescribed medications and only administer medications approved and prescribed by a resident’s physician
- Prescriptions must be reviewed by a pharmacist every three months, and residents or their representatives and physicians must be kept informed of any changes
- Administrators must ensure that residents have access to medication services
- When residents refuse medications, nurses must document the refusal
- Nurses have the responsibility for verbal medication orders
- When a nursing home resident is responsible for administering their own medications, a caregiver must ensure that the medication is stored properly and when it is time for a resident to take their medications, a nurse must watch the resident take the medication and document that it was taken
Finally, if a staff member other than a nurse, doctor, or physician’s assistant administers medications, they must first receive training.
Unfortunately, despite these stringent standards, medication mistakes and misuse are common forms of nursing home neglect and abuse in Arizona.
HIPPA and Nursing Home Residents
As in all medical provider/patient relationships, nursing home residents are protected under the Healthcare Insurance Portability and Accountability Act (HIPAA). All nursing home staff members must receive training on HIPPA guidelines.
Nursing Home Staffing Requirements
Under Ariz. Admin. Code § 9-10-412, the state puts requirements in place for nursing home staff, including the following:
- There must be a nurse on duty and available at all times, and more than one nurse present in nursing homes with more than 64 residents
- Residents are entitled to skilled, 24-hour-per-day care
- Nursing directors do not regularly provide direct care in facilities with 60 or more residents
A nursing home facility’s nursing director must develop a care plan and decide how many nurses and additional staff the facility requires based on the needs of the residents.
Resident’s Rights In Arizona Nursing Homes
Nursing home administrators also have a duty to uphold the rights of the residents in the facility’s care. Residents’ rights ensure that they receive skilled care with respect for their human dignity and individuality. Arizona defines every resident’s rights as the following:
- The nursing home must inform the representative or their representative of their rights in a language they understand
- The nursing home must inform the resident of the facility’s conduct rules and their rights
- The nursing home must provide each resident with written notice of their right to apply for Medicare and Medicaid benefits and provide information on applying for these benefits
- The nursing home must give each resident written information about their right to make advance directives and information on the facility’s policy for implementing advanced directives
- Nursing homes cannot require a resident to pay a cash deposit or pre-payment when they are covered by Medicare or Medicaid
- Nursing home residents have a right to privacy during medical treatment and when visiting with relatives or friends
- Residents have a right to keep their medical records private
- Nursing home residents have a right to access social, medical, and legal services
Nursing home residents in Arizona also have a right to be free of unnecessary physical or chemical restraints and to be free from abuse, neglect, mistreatment, or corporal punishment. Finally, a resident may not be coerced or intimidated into giving up any of their rights.
What If I Suspect a Nursing Home Is Not Meeting Arizona’s Standard of Care?
When nursing homes in Arizona fail to meet the acceptable standard of care, it results in lower-quality care. Nursing homes are often understaffed and have high staff turnover rates, resulting in overwhelmed caregivers and a higher risk of residents suffering abuse such as:
- Physical abuse or mistreatment
- Neglect
- Emotional abuse
- Sexual abuse
- Financial exploitation
If a family member or friend suspects their loved one has suffered abuse or neglect, it’s essential to learn their legal rights and options.
How Can an Arizona Nursing Home Abuse Lawyer Help?
Our vulnerable elderly loved ones deserve the skilled, compassionate care promised by nursing homes. When a nursing home does not maintain the state’s standards of care or fails to uphold a resident’s rights, the results can be devastating, including injuries, illness, emotional distress, and even a shortened life expectancy or wrongful death.
If you suspect your loved one has suffered from abuse in an Arizona nursing home, call the nursing home abuse lawyers at Knapp & Roberts so we can give your loved one a voice for justice.