The Problem.
More than 1.5 million elderly and disabled Americans reside in more than 16,000 nursing homes across this country. Despite the fact that by law, these nursing homes must take steps to attain or maintain the "highest practicable physical, mental, and psychosocial well-being of each resident," too many of these residents are the victims of neglect or abuse by these facilities and/or their employees. In fact, in 1998 in Texas alone, more than 200 nursing home facilities were sanctioned for jeopardizing the health and safety of their residents, according to the Texas Department of Human Services. Despite increased regulatory oversight of the nation's nursing homes, it is safe to assume that many violations posing threats to the health and safety of the residents go unreported. According to Jim Lehrman, Associate Commissioner for Long Term Care for the TDH, "we cannot be in every facility 24 hours a day so we are only one part of the safety net." Therefore, family members with loved ones who are residents of nursing homes must never take the resident's care for granted and assume adequate protections are in place. The nursing home resident's only protection may be the family member's diligence in reporting any perceived problems.

The Law.
Residents of nursing homes are guaranteed certain rights under both federal and state law. Nursing homes must meet residents' rights requirements in order to receive Medicare and Medicaid funding. Because the government inspectors cannot be everywhere at all times, it is up to others, such as the families of residents, with the help of private attorneys and advocacy groups, to guarantee that the following rights of nursing home residents and the elderly are protected.