THE OMNIBUS BUDGET RECONCILIATION ACT
Mandatory Nursing Assistant Training about Patient Rights in Compliance with Law.
Omnibus Budget Reconciliation Act of 1987 sets minimum standards for Nursing Assistant Training. This training is to familiarize a Nursing Assistant and prepare him/her for the procedures that are to be followed by all nursing home facilities. Federal nurse aide training regulations are mandated in the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987). This means that it is an important requirement that a CNA training program familiarize students with the standards.
The Omnibus Budget Reconciliation Act of 1987 procedures require that the Resident or Patient be fully evaluated before admission and every year thereafter in regards to health, memory, hobbies, habits, etc. It requires that the nursing home evaluate the Resident or Patient ability to walk, talk, eat, dress, bathe and understand other people and be able to communicate with them. It also requires that the nursing home have plans to keep the Resident or Patient from getting worse and make efforts to improve his/her condition if possible.
The Omnibus Budget Reconciliation Act states that the Resident or Patient has the rights to see a doctor. It also states that if the Resident or Patient cannot find a doctor on their own, the home's medical director will help them find one. The Resident or Patient has a right to be informed about treatment- and refuse if desired. They have a right to privacy (though that is suspect if one is in a ward)
and a right to complain without reprisal. They can demand not to be restrained. In 1989 about 40% of patients were restrained- by the end of 1992 that had dropped to 22%.
Please note that the word "omnibus" means a collection of separate items within a single form. The items could be anything. So the Omnibus Budget Reconciliation Act of 1987 is part of a collection of laws. All the laws that are in the collection are not all laws related to health care but this particular Omnibus Budget Reconciliation Act of 1987 relates to the nursing home and sets minimum standards required for Nursing Assistant Training.
The following is an excerpt from Nursing Home Abuse Resource
OBRA 87 requires that the facility provide each patient with care that will enable the patient "to attain or maintain the highest practicable physical, mental and psychosocial well-being."
- Quality of life for patients is the goal. The facility must allow patient choice in activities, schedules and health care decisions
- OBRA 87 requires that SNFs and ICFs provide 24-hour licensed practical nurse care seven days a week, and have at least one RN on duty at least 8 hours per day, seven days a week. Nurse's aides are required to undergo special training.
- OBRA 87 makes it the State's responsibility to establish, monitor and enforce state licensing and federal standards. States are required to maintain investigatory units and Ombudsman units, and to fund and staff them adequately.