South Carolina – September 11, 2021

Nursing home and other long-term care facilities in South Carolina have a specific Bill of Rights that all residential facilities must operate under, outlined in Title 44 of South Carolina Code, and referred to as the “Bill of Rights for Residents of Long-Term Care Facilities.”  All resident rights must be explained verbally and in writing, and they should be posted throughout the community locations in the facility. Procedures for grievance actions are outlined in this document and family members who find themselves concerned that their loved ones may not be receiving proper care under this law should speak with a nursing home abuse attorney in South Carolina.

South Carolina Long Term Care Ombudsman.

The State of South Carolina has over 2,000 long term care facilities including nursing homes, assisted living facilities, and community residential care providers.  When suspected acts of negligence, or other harms occur, a South Carolina Department of Aging Long Term Care Ombudsman may be a guide for corrective actions, and may be able to advise when legal action is warranted.  They can be reached at 1-800-868-9095.  Resolution of resident complaints may address issues including:

  • Violations of resident right,
  • Benefit assistance,
  • Breaches against the preservation of dignity and respect,
  • Improper transfer, or resident discharge,
  • Abuse, neglect, or exploitation complaints.

A South Carolina Long Term Care Ombudsman may:

  1. Advocate for the resident and family members when choosing a facility based on rights and benefits,
  2. Assist residents who are concerned about the quality of care they are receiving,
  3. Help residents, family members, or representatives with the formal appeals and grievance processes,
  4. Educate and support residents, loved ones and community members regarding issues they face regarding safe long term care in accordance with State and Federal resident rights.

Family members who notice signs of abuse should contact an experienced nursing home attorney for guidance on next steps to correct the negative interactions of staff members.  The attorney can work with a Long Term Care Ombudsman who may have information regarding the case at hand.

Duty of care.

Nursing home abuse attorneys in South Carolina can explain how a duty of care may have been ignored when a resident suffers any type of abuse from staff members.  The protections outlined in  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outline the specific duty of care recommended for residents of long term living.   Resident services provided must address:

  • Medically-related social services,
  • Proper health care and dental care,
  • Accurate dispensing, receipt, and administration of medicines,
  • Dietary services that meet daily nutritional needs,
  • Services for mentally ill and special needs residents,
  • Personal, material, and financial privacy when requested,
  • Treatment that does not violate a resident’s personal dignity.

Seek legal counsel.

Individuals who believe that a nursing home is not treating its residents with quality care and respect according to the new guidelines of the Centers for Medicare and Medicaid should contact a nursing home attorney to communicate the concerns on a resident’s behalf when negligence, or abuse is suspected.    Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

Sources.

https://www.scstatehouse.gov/code/t44c081.php

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

https://www.medicare.gov/nursinghomecompare/About/howcannhchelp.html

https://www.medicare.gov/nursinghomecompare/search.html

https://aging.sc.gov/programs-initiatives/long-term-care-ombudsman-program

 

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