Nursing homes represent one of the most rigorously regulated sectors, reflecting the critical care they provide to some of the most vulnerable people in our society. To ensure a high standard of care for residents, these facilities are bound by comprehensive regulations.
With so many facilities in operation, regulating nursing homes in Wisconsin requires both state and federal oversight. Each regulatory body has distinct powers to enforce compliance, all to provide a safe, secure environment for elderly people to live their golden years in peace.
If you suspect that your loved one is a victim of mistreatment, a Milwaukee nursing home abuse lawyer can help you understand your legal options.
Federal Nursing Home Regulators in the United States
At the federal level, the Centers for Medicare & Medicaid Services (CMS), under the Department of Health and Human Services, regulates nursing homes. Many of these facilities receive funding from Medicare and Medicaid, and they must adhere to federal regulations to participate in these programs. Federal nursing home regulations are extensive, covering almost every aspect of care and facility operations.
Every year, nursing homes undergo rigorous surprise inspections to understand how the facility operates and whether resident care meets federal standards. These inspections involve a thorough review of many aspects of nursing home life, such as:
- The facility’s physical environment
- The care of residents and how the facility administers that care
- How the staff and the residents interact with each other
- Clinical records of the residents
Inspections may also occur in response to complaints by residents or their families. If the inspector finds any deficiencies in the quality of care, they may issue a citation that requires the nursing home to rectify it as soon as possible.
The federal government does not directly conduct these inspections. Instead, it delegates this responsibility to state survey agencies, who employ inspectors to visit and evaluate the facilities. These state inspectors then report their findings and recommendations back to the federal regulators, who determine the appropriate course of action.
The Wisconsin Division of Quality Assurance
In Wisconsin, the Division of Quality Assurance (DQA) within the Department of Health Services is the agency that oversees and regulates nursing homes. The DQA is tasked with investigating suspected cases of nursing home abuse and ensuring that facilities comply with both state and federal regulations.
Under Wisconsin law, any facility housing five or more individuals who are not related to the operator and require 24-hour nursing services falls under the purview of the DQA. These facilities must comply with laws such as Chapter DHS 132 of the Wisconsin Administrative Code and Chapter 50 of the Wisconsin Statutes, which outline specific standards for resident care and facility operations.
How to Report an Instance of Nursing Home Abuse in Wisconsin
Despite these regulations, abuse is rampant in long-term care facilities—including Wisconsin nursing homes. If you suspect nursing home abuse, it’s important to report the incident as soon as you possibly can to the DQA. You can file a complaint by:
- Completing the Complaint Intake Survey, F-00607 online
- Calling the toll-free hotline at (800) 642-6552
- Contacting your regional DQA office directly via phone or email
Seek Help from a Nursing Home Abuse Lawyer in Milwaukee
Nursing home abuse can be devastating, and if you or a loved one has suffered harm at the hands of a caregiver, you deserve justice. In addition to filing a report, you can pursue a lawsuit against the facility and recover compensation for the damages that you have suffered. Contact a Milwaukee nursing home abuse attorney at Cannon & Dunphy S.C. to learn more about this process and begin your journey to recovery.