OBRA and Restraints
September 21, 2001
OBRA, or the federal Omnibus Budget Reconciliation Act of 1987, makes nursing homes and other assisted living facilities liable for inappropriately restraining residents. OBRA's restraint regulations appear to be working. Since OBRA's passage, statistics indicate that nursing homes have reduced restraint use by 50%. However, abuse of elderly nursing home residents undoubtedly continues. If a nursing home uses restraints improperly, it may face sanctions under OBRA. The following is an excerpt from OBRA:
"A nursing home must protect and promote the rights of each resident, including the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any chemical or physical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. Restraints may only be imposed: (1) to ensure the physical safety of the resident or other residents, and (2) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used."
-- Article Courtesy of InjuryBoard.com
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