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Assisted Living Center vs. Nursing Home Regulations

Establishing the legal standard of care for a specific facility is difficult, due to weak state regulations of assisted living facilities. Unlike nursing homes that are strictly regulated, assisted living facilities are not federally regulated; and state regulations, if they exist are rarely enforced. The Omnibus Budget Reconciliation Act (OBRA) of 1987, also known as the federal Nursing Home Reform Act ensures that the elderly are protected from wrongful death and other serious neglect like malnutrition and dehydration. This act set forth minimum standards of care for long-term care facilities that are federally funded.

Nursing home residents typically have more advanced diseases, including Alzheimer’s and dementia, while those in assisted living enjoy a more active lifestyle. Not surprisingly, those in nursing homes are much more likely to have a fall that results in injury and subsequent deteriorating health. Fall prevention is the first step to ensure that the elderly, whether in nursing homes or assisted living centers are protected from this most common type of injury for the elderly.

The Phoenix nursing home abuse attorneys at Cullan & Cullan can explain these specific regulations to you so that you can understand how they may affect any legal outcome from an abuse claim at the hands of a caregiver.

Admittance Limitations for Assisted Living Residents

Assisted living facilities do not provide skilled care, therefore they must screen potential residents to determine the most appropriate level of care for their condition and reject patients whose needs exceed the capacity of the facility. Some state regulations restrict patients from entering assisted living facilities if they have the following conditions:

  • Ventilator dependency
  • Intravenous therapy or vein injection dependency
  • Dermal ulcers stage III and IV
  • Nasogastric Tubes

If you feel that a loved one may have been abused in a nursing home or assisted living facility in the Phoenix, Arizona area, please contact the Arizona nursing home abuse lawyers Cullan & Cullan Dr. Gene Cullan and Dr. Sam Cullan will uncover the truth behind an abuse charge of the elderly and aggressively pursue financial compensation due to your loved one.


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