Nursing Home Abuse - Delaware Law
The rights of patients in nursing homes are protected by both federal and state laws. This is the first in a series of articles that discuss the laws in Delaware as they apply to nursing home patients.
In Delaware, a nursing home is defined as “a residential facility that provides shelter and food to more than 1 person who because of their physical or mental condition require a level of care and services suitable to their needs to contribute to their health, comfort, and welfare.” This definition applies not only to nursing homes, but also the following:
(1) assisted living facilities
(2) intermediate care facilities for persons with mental retardation
(3) neighborhood group homes
(4) family care homes
(5) rest residential facilities
Each year, nursing homes are inspected by the State to make sure thay are in compliance with all regulations. Interestingly, each nursing home is required by law to prominently and conspicuously post for display in a public area in the nursing home a summary of the State’s most recent inspection report. In addition, the nursing home must also post a sign that outlines complaint procedures and gives the “1-800" hotline number for complaints that can be called in 24 hours a day, 7 days a week.
The law protects patients who complain from retaliation and discrimination. Violations of this law carry fines of up to $10,000.00.
In my next article, I’ll discuss the specific rights that patients in nursing homes have.
