Home Nursing Home Responsibilities & Regulations

New Mexico Nursing Home Responsibilities & Regulations

Empowering You to Protect Your Loved Ones from Abuse and Neglect in Nursing Homes

In 1987, the Nursing Home Reform Act (NHRA) laid out a set of regulations and responsibilities that nursing homes have toward their patients. These regulations protect our loved ones and are designed to ensure they are treated with the respect and dignity they deserve. As children and grandchildren, the wellbeing of those who raised us is very important to us, and we want them to live the rest of their lives in comfort and health.

Nursing homes promise to provide a safe facility where our loved ones can be looked after and given care when they can no longer care for themselves. It is a sad fact that there are high rates of abuse of the elderly in nursing homes – physically, emotionally, sexually, and financially. At Sorey, Gilliland & Hull, LLP, we protect the rights of the elderly to ensure they receive responsible care that nursing homes are required to provide our loved ones.

Back to Top

Nursing Home Responsibilities

Any nursing home that accepts Medicare or Medicaid is governed by the NHRA, and is required to provide the following to each patient:

  • Nursing, social, and rehabilitation services
  • Food sufficient to meet dietary needs
  • Pharmaceutical needs
  • Periodic reviews and assessment of each resident
  • A comprehensive care plan developed for each resident
  • Access to a full-time social worker if the nursing home has more than 120 beds
  • Provide a facility that is free of accident hazards

Nursing homes are also governed by many regulations and requirements regarding their operation, which include:

  • The establishment of infection control programs
  • Storing, preparing and distributing food under sanitary conditions
  • Full background checks on all prospective employees and refusing to hire anyone with a history of abuse

These nursing homes are required to undergo thorough inspections at 15-month intervals that include patient interviews and careful investigation to ensure the nursing home is compliant with regulations and the rights of patients are not being violated. Violations, if found, result in consequences that range from fines up through cancellation of the agreement with Medicaid and Medicare.

Back to Top

The Residents’ Bill of Rights

Another part of the NHRA is called the Residents’ Bill of Rights, and it lists rights that are legally guaranteed to residents of a nursing home. Nursing homes have the responsibility of ensuring these rights aren’t violated, and violations can result in both legal liability on a civil case as well as penalties, fines, and criminal charges. These rights include:

  • The right to freedom from abuse, mistreatment, and neglect
  • The right to freedom from physical restraints
  • The right to privacy
  • The right to accommodation of medical, physical, psychological, and social needs
  • The right to participate in resident and family groups
  • The right to be treated with dignity
  • The right to exercise self-determination
  • The right to communicate freely
  • The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
  • The right to voice grievances without discrimination or reprisal

Back to Top

Common Nursing Home Violations

Despite the NHRA being in effect since 1987, violations continue to occur daily, with thousands of infractions found each year. Some of the top types of violations include:

These violations will directly impact the wellbeing of an elderly person and can be the basis for a claim or lawsuit.

Back to Top

What to Do if Your Loved One is Suffering Abuse at a Nursing Home

If you’re concerned that your parents, grandparents, or other family member is suffering from abuse, neglect, or any other violations by nursing home staff, you need to take action now. You can contact your local New Mexico long-term care ombudsman and get help. If you’re urgently concerned about the health and wellbeing of your loved one, you should contact a nursing home abuse attorney to investigate and initiate legal action against the negligent facility.

Back to Top

How We Can Help

Our attorneys at Sorey, Gilliland & Hull, LLP have years of experience protecting the rights of the elderly in nursing homes. Our intimate knowledge of the NHRA, as well as other federal and state regulations regarding nursing homes, gives us a sizable advantage when we begin legal action. With our reputation, many nursing homes immediately snap-to when confronted with the prospect of dealing with us in court, and we can rapidly resolve the problems while holding those responsible accountable for their actions. Contact us today at (903) 212-2822 to schedule a free consultation so we can answer your questions and get you the help you need.

Back to Top

Additional Information

Don't wait to get help. Contact our Albuquerque Nursing Home Abuse lawyer to schedule a free consultation.

Our Results

18-wheeler Driver Fell Asleep And Killed Driver.

View More

Sorey, Gilliland & Hull, LLP

Sorey, Gilliland & Hull, LLP is a legal practice that provides personal, client-centered legal services that address the specific needs of accident victims and injured parties.

Dan Sorey

Derek Gilliland

John Hull

In The News

We thanked our local first responders

Some of our brave first responders enjoyed a free meal at the Tuscan Pig last weekend!

Becky Alldredge Named Paralegal of the Year

A very special congratulations to Becky Alldredge for being selected as the Paralegal of the Year by the Northeast…

Texas Ranked LAST in US for Nursing Home Care

Of the 13 nursing homes in Gregg county two did not submit enough information to be ranked and 9 were ranked…

Read more articles

Our Blog


Defending Against a Nursing Home Eviction in New Mexico

Once you’ve successfully settled your loved one into a New Mexico nursing home, the last thing you …


Nursing Home Abuse and LGBT Residents

When you become a nursing home resident, you expect fair, responsible treatment from staff, doctors, and …


The Surprising Dangers of Bed Rails

As surprising as it may be, bed rails are a significant cause of injury and death in nursing…

Read more blog posts

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receiptor viewing does not constitute, an attorney-client relationship.

© 2020 Sorey, Gilliland & Hull, LLP - All rights reserved | Website Design and Legal Internet Marketing by: SLS Consulting SLS Consulting