November 1996 

  Quick Summary: Health Care Financing Administration (HCFA) regulations state clearly that residents of long-term care facilities have the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms. COURT OF APPEALS OF TEXAS, 1996.

   When physical or chemical restraints are used for nursing home residents, they cannot be used as a disciplinary measure to influence a resident’s behavior, or used merely for the convenience of staff, according to the Court of Appeals of Texas.

   The court ruled that repeated, uncorrected violations of Health Care Financing Administration regulations on the use of patient restraints can result in Medicaid decertification for a long-term care facility. Care vs. Texas Department of Human Services, 926 S.W. 2d 823 (Tex. App., 1996).

More references from nursinglaw.com

http://www.nursinglaw.com/restraint.htm

http://www.nursinglaw.com/restraints-nursing-negligence.pdf

http://www.nursinglaw.com/restraints1.htm

http://www.nursinglaw.com/restraint-policy-nurse.htm