Click on a question below to see the answer.
What
is a nursing facility?
"Nursing facility" means a home, an establishment
or an institution, a distinct part of which is primarily engaged in providing:
a. skilled nursing care and related services
for residents who require medical or nursing care,
b.
rehabilitation services for the rehabilitation of injured, disabled, or sick
persons, or
c. on a regular basis, health-related care and services to individuals who because
of their mental or physical condition require care and services beyond the level
of care provided by a residential care home and which can be made available
to them only through a nursing facility.
What
is a Nursing Home Administrator?
"Administrator" means
the person licensed by the State of Oklahoma who is in charge of a facility.
An administrator must devote at least one-third ( 1/3 ) of such person's working
time to on-the-job supervision of the facility.
I
was told my mother would get “personal care”, what is that supposed to mean?
“Personal care" means assistance
with meals, dressing, movement, bathing or other personal needs or maintenance,
or general supervision of the physical and mental well-being of a person, who
is incapable of maintaining a private, independent residence, or who is incapable
of managing his person, whether or not a guardian has been appointed for such
person.
What
is Neglect?
"Neglect" means
failure to provide goods and/or services necessary to avoid physical harm, mental
anguish, or mental illness. Bedsores are prime examples of neglect.
What is abuse?
"Abuse" means
the willful infliction of injury, unreasonable confinement, intimidation or
punishment, with resulting physical harm, impairment or mental anguish. Hitting
a resident or placing a resident in restraints simply to avoid having to deal
with the resident’s needs are examples of abuse.
What
indicators or signs should I look for?
Nursing home abuse and neglect can show itself in many ways, physically and
emotionally. You should heed the following indicators:
Physical - Open wounds, cuts, bruises, welts
or discoloration.
Caretaker cannot adequately explain condition. Elder's sudden change in behavior.
Loss of weight. Burns caused by cigarettes, caustics, acids. Poor personal hygiene.
Emotional
Abuse - Emotionally upset or
agitated. Resident is extremely withdrawn & non-communicative. Unusual behavior
[sucking, biting, rocking]. Dehydration,
malnutrition, pressure sores. Poor personal hygiene. Begs for food. Unsanitary
and unclean conditions. Dirt, soiled bed, fecal or urine odor.
Yes
you have the right, at the request of the resident, to open access to the home.
“Access" means the right of a person to enter a facility to communicate
privately and without unreasonable restriction when invited to do so by a resident.
The state or local "ombudsman", as that term is defined by the Aging
Services Division of the Department of Human Services pursuant to the Older
Americans' Act, 42
U.S.C.A., Section 3001 et seq., as amended, and a case manager employed
by the Department of Mental Health and Substance Abuse Services or one of its
contract agencies shall have right of access to enter a facility, communicate
privately and without unreasonable restriction with any resident who consents
to the communication, to seek consent to communicate privately and without restriction
with any resident, and to observe all areas of the facility that directly pertain
to the patient care of the resident without infringing upon the privacy of the
other residents without first obtaining their consent.
Does
the nursing home have to be licensed by the state?
Yes. The State Department of Health has established a comprehensive system of
licensure and certification for facilities in accordance with the Nursing Home
Care Act of Oklahoma for the purposes of:
1.
Protecting the health, welfare and safety of residents;
2. Assuring the accountability for reimbursed care provided in certified facilities
participating in a federal or state health program as provided by or through
the Department of Human Services.
It
is unlawful, punishable as a misdemeanor, for any person to operate or open
a facility unless such operation has been approved and is regularly licensed
by the state.
What
procedures is a nursing home supposed to follow in obtaining their license?
Before an initial license is issued pursuant to the Nursing Home Care Act to operate a facility the following shall be provided before an application is approved and a license issued:
1. An application shall be under oath and shall contain, at a minimum, the following information:
a. the name and address of the applicant, if an individual, and that the applicant is not less than twenty-one (21) years of age, of reputable and responsible character, and in sound physical and mental health; and if a firm, partnership, or association, of every member thereof; and in the case of a corporation, the name and address thereof and of its officers and its registered agent and like evidence for officers, as submitted for an individual,
b. the name and location of the facility for which a license is sought,
c. the name and address of the person or persons under whose management or supervision the facility will be conducted,
d. the name and address of any other person holding an interest of at least five percent (5%) in the ownership, operation or management of the facility,
e. the number and type of residents for which maintenance, personal care, specialized or nursing facility services are to be provided, and
f. a projected staffing pattern for providing patient care;
2. Each initial application shall be accompanied by a statement from the unit
of local government having zoning jurisdiction over the facility's location
stating that the location of the facility is not in violation of a zoning ordinance;
3. The Commissioner shall determine that the administrator of a facility other
than a residential care home is the holder of a current license as a Nursing
Home Administrator issued by the State Board of Nursing Homes; and
4. That the individual applicant, or the corporation, partnership or other entity,
if the applicant is not an individual, is a person responsible and suitable
to operate or to direct or participate in the operation of a facility by virtue
of financial capacity, appropriate business or professional experience, a record
of compliance with lawful orders of the Department and lack of revocation of
a license during the previous five (5) years. In determining the applicant's
responsibility and suitability to operate or to direct or participate in the
operation of a facility, the Department may also consider the applicant's record
of suspensions, receivership, administrative penalties, or noncompliance with
lawful orders of this Department or of other departments of other states with
similar responsibilities.
Is
the nursing home inspected by the state?
Yes, it is supposed to be. Oklahoma law requires that every building, institution,
or establishment for which a license has been issued to be periodically inspected
by a duly appointed representative of the State Department of Health, pursuant
to rules promulgated by the State Board of Health with the advice and counsel
of the Long-Term Care Facility Advisory Board, created in Section 1-1923 of
title 63 of the Oklahoma Statutes.
Does
the Nursing Home Act allow me to sure a nursing home?
Yes. The Nursing Home Care Act explicitly creates a statutory personal injury
type of case allowing nursing home residents or their guardians to bring a private
right of action to redress violations of rights conferred by the Act. A resident
may also sue based on the common law of Oklahoma.
What
type of compensation is the resident entitled to for the nursing home’s negligence?
The resident, or you on their behalf if you are the guardian, is entitled to be compensated for the following elements of damage (other damages may be applicable depending on the circumstances of the case):
v Physical pain and suffering, present, past and future
v Mental pain and suffering, past, present and future
v Permanent disability
v Disfigurement
v Medical expenses present, past and future
v If the negligence involves the violation of the Nursing Home Act, attorney fees are recoverable
v Punitive damages if applicable
It is up to the jury to determine the total amount of the award
Where
can I receive more information?
If you have further
questions, you may call BOETTCHER, MARTIN JEAN & JACKSON. There
is no charge for the additional assistance. 1-888-834-8877.