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Abuse
Willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguis. Individual acted delibaretly.
Advance Directives
Legal document that makes person’s wishes known regarding life support issues. Used in event person is unable to speak for themselves
Aphasia
impaired ability to speak and/or understand language
Bill of rights
State and federal law that protects rights of residents in long-term care facilities
Durable power of attorney
A person appointed by the client to make healthcare decisions if the client is unable
Involuntary Seclusion
Isolating resident to their room or specific area in a nursing home. The isolation is against resident or legal represntatives consent. (Only done when person is danger to themselves or others)
Living Will
Type of advanced directive
Written legal document listing what medical treatments you would or wouldn’t want used to keep yourself alive
Also Includes decisons such as pain management or organ donation
Ombudsman
Handles complaints between a resident and nursing home
Person-Centered Care
Care that is respectful of a resident’s cultural, linguistic, and social needs and desires
Resident Representative
Person chosen by resided to act on their behalf. Person supports resindent in decion-making. Has access to medical, social, or other personal information, recives notifcations, and manages finances
The Omnibus Budget and Reconciliation Act (OBRA)
1987 Federal Law
Identifies the standards for NA training and registration for NA’s working in skilled nursing facilities.
Identifies skills and minimum requirements
Identifies standard of care
Implemented by state agency (MN Department of Health)
To be a nursing aide you must be able to pass background study:
Complete DHS background stude
Photo and fingerprints taken
Becoming and Maintaining NA
Pass NA state knowledge and skills exams (70 questions, 2 hours; 17/30 skills tested)
Work min 8 hrs every 24 months
Complete 12 hours of continuing education
Mental Abuse
use of verbal or nonverbal conduct which causes the resident humilition, fear, shame, or agitation
Verbal abuse
includes using words to demean, frightean, or control someone resulting in mental harm.
Sexual Abuse
non-consensual sexual contanct of any type. Including: remakrs, touching/grabbing, assualt, etc
Neglect
failure of facility its employees, or service providers to provide adequate medical or personal care.
Reporting Abuse and Neglect
Nurse aides are mandated reporters. Failure may result in misdemeanor offense and NA may be liable
Reports must be made within 2 hours
Reports submitted to Minnesota Adult Abuse Reporting Center (MAARC)
Minnesota Vulnerable Adult Act
protects adults who may be vulnerable to abuse or neglect and cannot help themselves
May include:
18 or older
Live in licensed facility
Live in a family setting but unable to report abuse or neglect
Malpractice in healthcare
Failure to meet min standards of care resulting in harm, injury, or death
Negligence often reason for malpractice lawsuits
Patient Self-Determinination Act (PSDA)
Requires funded facilities to tell residents about their rights to make treatment choices
Residents must be asked if they have living will or Durable Power of Attorney (DPOA) for health care