What Are the Legal Responsibilities of a Nursing Home in Nebraska?

When you choose a nursing home for your loved one, you trust that they’ll receive proper care and respect. Nebraska law requires facilities to obtain and maintain a license, follow state regulations, and protect residents’ rights.

They must provide quality care, ensure proper staffing, report abuse or neglect, and allow state inspectors and ombudsmen access. Failure to meet these responsibilities can lead to disciplinary action.

At The Nursing Home Abuse & Neglect Law Firm, we fight for victims when nursing homes fail. Let’s go over their legal obligations.

Nursing Home Legal Responsibilities in Nebraska

Nebraska nursing homes are required to follow strict regulations to keep residents safe and well cared for.

Licensure and Compliance

Before a nursing home can open its doors, it must be licensed by the Nebraska Department of Health and Human Services (DHHS).

But getting a license isn’t a one-time event. Facilities must continuously meet the standards set by state and federal laws, including:

●  Health Care Facility Licensure Act – This covers operational and safety standards.

●  Nebraska Nursing Home Act – Defines resident care requirements.

●  Federal Nursing Home Reform Act – Sets federal care and safety standards.

If a facility doesn’t meet these requirements, it can face penalties and fines or even lose its license.

Providing Adequate Care

Residents have a legal right to proper medical care, personal assistance, and daily support. A nursing home is required to:

●  Provide appropriate medical care and medication management.

●  Assist with hygiene, bathing, dressing, and other daily needs.

●  Ensure residents receive proper nutrition and hydration to prevent malnutrition or dehydration.

●  Offer mental health services and emotional support.

●  Allow residents to arrange outside care through licensed home health or hospice agencies if they choose.

When a facility fails in these areas, it can lead to serious health problems, including infections, dehydration, weight loss, and bedsores.

Our firm has handled cases where residents suffered from choking incidents, untreated illnesses, and medication errors, which were all due to neglect.

Resident Safety and Abuse Prevention

A nursing home must do everything possible to prevent injuries and abuse. This includes:

●  Fall prevention – Responding promptly to call light requests for help, frequent toileting assistance when needed, non-slip flooring, monitoring residents at risk of falls, using a sitter when appropriate, and using fall prevention interventions such as silent alarms to alert staff when a loved one gets up without asking for assistance.

●  Proper use of restraints – Avoiding unnecessary physical or chemical restraints unless medically required.

●  A safe environment – Keeping hallways clear, securing hazardous areas, and preventing exposure to dangers.

●  Preventing abuse and neglect – Conducting background checks on staff, enforcing abuse-prevention policies, and responding to complaints.

Nursing homes must report any suspected abuse to authorities, and failure to do so is a violation of state law. Physical, emotional, financial, and sexual abuse are all major concerns in long-term care facilities.

If your loved one has been harmed, legal action can hold the responsible parties accountable.

Staffing and Management

The quality of care in a nursing home depends on the people working there. Nebraska law requires:

●  A licensed nursing home administrator to oversee operations.

●  Compliance with the Nebraska Nurse Practice Act, which sets standards for licensed nurses.

●  Enough trained staff to care for all residents properly.

When a nursing home is understaffed, residents don’t get the attention they need. Staff members may rush through care routines, fail to monitor residents, or miss signs of medical distress.

Understaffing often leads to higher rates of bedsores, malnutrition, falls, and preventable infections. If a facility isn’t hiring enough qualified caregivers, they can and should be held accountable.

Reporting and Access

Nursing homes are legally required to report abuse, neglect, and serious injuries. These reports must be made to:

●  Nebraska Adult Protective Services (APS) – Investigates abuse claims and protects vulnerable adults.

●  The Long-Term Care Ombudsman Program – Advocates for residents’ rights and investigates complaints.

●  Nebraska Department of Health and Human Services (DHHS) – Conducts facility inspections and issues penalties for violations.

●  Local Police Department, when appropriate.

Families and residents also have the right to request medical records, care plans, and facility inspection reports to ensure that care is being provided as promised.

Quality Assurance and Accountability

Nursing homes in Nebraska must have programs in place to monitor and improve care. This includes staff training, staff supervision, policy enforcement, and regular evaluations to ensure residents receive proper medical attention, nutrition, and support.

Facilities must also address concerns raised by families, residents, and inspectors.

To maintain compliance, nursing homes undergo periodic reviews of reports and inspections.

Violating the Nebraska Nursing Home Act can lead to disciplinary actions, sanctions, mandatory changes, or loss of accreditation. In severe cases, a facility may be shut down if it continues to put residents at risk.

What to Do if You Suspect Nursing Home Abuse or Neglect

If you believe your loved one is being mistreated, take action immediately. Here’s what you should do:

1. Document everything – Take notes on injuries, poor conditions, or sudden changes in behavior.
2. Report your concerns – Speak with facility management and file a complaint with Nebraska APS or the Long-Term Care Ombudsman.
3. Seek medical attention – If your loved one is injured or unwell, get them checked by a doctor.
4. Transfer your loved one to a different facility – If you suspect your loved one is being neglected or abused, start the process of transferring to a new facility.
5. Consult an experienced attorney – A lawyer experienced with handling nursing home cases, can investigate and take legal steps to protect your loved one.

Protect Nursing Home Residents Across Nebraska: Contact Us Today

Every nursing home resident deserves to live in a safe, respectful, and caring environment. When facilities fail in their responsibilities, legal action can make a difference.

At The Nursing Home Abuse & Neglect Law Firm, powered by Reed Law Offices, PC, LLO, we fight for victims of abuse and neglect in Nebraska nursing homes.

If you suspect your loved one has been harmed, call us at 402-933-0588 for a free consultation. We’re here to help you seek justice.