California Nursing Homes’ Use of Restraints Highest in United States

Federal Nursing Home Reform Act of 1987
The Federal Nursing Home Reform Act of 1987 mandates that nursing homes receiving Medicare or Medicaid must adhere to the Nursing Home Patients Bill of Rights (NHPBR). One of the rights enumerated in the NHPBR is the right to be free from unreasonable restraints. 42 CFR 483.13, subsection (a) of the Federal Code states that nursing home residents have “the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident's medical symptoms.” To view the entire statute, click the following link: http://a257.g.akamaitech.net/7/257/2422/16nov20071500/edocket.access.gpo.gov/cfr_2007/octqtr/42cfr483.13.htm

Nursing Home Restraints Since 1987
Since the passing of the Federal Nursing Home Reform Act of 1987, overall use of restraints in nursing homes has declined. From the period from 2002 through 2006, their use has decreased almost 40%. The Federal Agency for Healthcare Research and Quality reported that in 2002, 9.7% of nursing home patients across the United States were repeatedly restrained compared to 5.9% in 2006. Some states did not fare very well; California nursing homes were among the worst offenders. The same study found that 13.4% of patients in California nursing homes were repeatedly restrained. To read the entire study, please click the following link: http://www.ahrq.gov/news/press/pr2008/snapshot07pr.htm

Of course, not all nursing homes in California have such a dismal record. Some are better than others. However, you may not have much to determine which nursing home is best for you or a loved one since you may have as little as 24 hours after a stay in the hospital to choose the right home. To help find the right place, the AARP has published a list of ten essential tips when choosing a nursing home. To view the list, click the following link: http://www.aarpmagazine.org/health/embedded_sb.html

Even if you do your due diligence when selecting a home, your loved one may still be exposed to potential risk of restraint related injury. It is important that you make regular visits to make sure things are going well.

Restraint Injuries
Sometimes a nursing home will restrain a resident to prevent a fall and to prevent injury to the resident. Bed rails are often used to keep residents from rolling out of bed and other restraints may be used to keep the resident seated in a chair. Many times these restraints are used out of laziness and often result in injury to the resident. Nursing homes have been known to use belt restraints, vest restraints, mittens, and wrist restraints.

Bed rails and other mechanical restraints such as straps and tie-downs are designed to limit mobility. If used incorrectly or when not warranted, they can be the cause strangulation and death. Misused mechanical restraints can also cause bed sores (pressure ulcers), incontinence, and confusion. A restrained resident might also suffer from loss of strength, emotional distress and depression.

Nursing home restraints should only be used if a doctor determines that they are necessary. They should not be used to cut costs at the nursing home. If loved one has been unreasonably restrained and has suffered injuries, you should contact a lawyer immediately to protect his or her rights.