Nursing Home Abuse in West Virginia

West Virginia Nursing Home Laws and Regulations

According to the National Center on Elder Abuse, it is hard to quantify the number of individuals who are being abused in nursing homes across the nation. However, they do provide some statistics that are disturbing at very best:

  • One in three nursing homes in the United States are cited for violations.
  • When interviewing 2,000 residents of nursing homes, 95% indicated they had been neglected or abused in some way.
  • More than half of nursing home staff members have actually said they have mistreated older patients.
  • 17% of CNAs have physically abused residents and more than half have yelled at or insulted residents.
  • 29% of complaints from nursing home residents are for physical abuse.
  • 22% of complaints are for resident to resident abuse.
  • 14% of the complaints were for gross neglect.
  • 21% of the complaints were for psychological abuse.
  • 7% of complaints were for sexual abuse.
  • 7% of complaints were for financial exploitation.

With so many complaints taking place, it only makes sense for each state to establish further nursing home laws.

West Virginia nursing home laws and regulations are designed to quell the cases of abuse and neglect throughout the state. They are handled through the West Virginia Department of Health and Human Resources as well as the West Virginia State Long-Term Care Ombudsman.

The Laws

In West Virginia nursing home laws and regulations, just as with many other states, certain people are required by law to report suspected abuse. These mandatory reporters include professionals in the following fields:

  • Medical
  • Dental
  • Mental Health
  • Christian Sciences
  • Religious Healers
  • Law Enforcement Officers
  • State and Long-Term Care Ombudsmen
  • Employees of Nursing Homes or Residential Facilities
  • Social Workers

These people must report to the Department of Health and Human Resources within 48 hours of the neglect or instance of abuse. With these professionals, they must provide an initial verbal report followed by a written report as well.

This doesn’t mean you cannot report concerns for your loved one either. In fact, West Virginia nursing home laws and regulations provide for a 24-hour hotline at 800-352-6513. This hotline is available at all times and gives you direct contact to the Department of Health and Human Services. In addition to the hotline, you can also contact the Department of Health and Human Resources at a local county level. You can search for a specific county office here.

Resident Rights

All residents of nursing homes, according to West Virginia nursing home laws and regulations, have certain rights. They include the right to:

  • Be treated with respect, individuality and dignity.
  • Be informed of services and fees of the nursing home.
  • To manage their own money or to set up a trust with someone else.
  • To have privacy and to keep personal belongings and properties.
  • The right to be informed about medical conditions and needed medications.
  • The right to have a say in scheduling.
  • The right to an environment that is as much like home as possible.

These rights are designed to ensure residents are given the respect and care that they deserve.

West Virginia nursing home laws and regulations are designed to combat the problems of abuse that occur all too often in nursing homes and assisted living facilities. If you have a loved one in a nursing home and you believe their rights are being violated or they are being abused or even neglected, then it is important that you report it as soon as possible. Additionally, it may be a good idea to go ahead and contact an attorney as well. Your loved one does not deserve to continue suffering abuse, neglect or exploitation no matter the case.

Resources:

http://www.ncea.aoa.gov/Resources/Publication/docs/LTCF_ResearchBrief_web508.pdf

http://www.ncea.aoa.gov/library/data/

https://www.wvdhhr.org/bcf/children_adult/aps/report.asp

 

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