blog home Nursing Home Abuse What You Need to Know About Nursing Home Contracts and Legal Protections in Omaha

What You Need to Know About Nursing Home Contracts and Legal Protections in Omaha

By Jason Bottlinger on April 29, 2025

It can feel overwhelming choosing a nursing home for your loved one in Omaha—as for anywhere else. This is especially true when it comes to understanding the contracts involved.

These long-term care agreements are filled with important provisions, so you’ll want to review them carefully to make sure your loved one’s rights are protected and they’ll be receiving the proper care.

In general, it’s a good idea to consult with a nursing home accident attorney if you have any questions or concerns regarding a nursing home contract. That way, you can make sure you’ve gone the extra mile to find the right elder care facility.

Long-Term Care Agreements

Federal regulations, such as those outlined in the Nursing Home Reform Act, set minimum standards for care and residents’ rights. In Nebraska, there are additional statutes—detailing residents’ rights and facility responsibilities—that govern the operation and regulation of nursing homes.

Long-term care agreements outline the terms of care provided. When reviewing these documents, you’ll want to make sure they include essential clauses to protect the resident. Key clauses often cover services provided, costs, and payment terms. Termination clauses are also important because they explain how and under what circumstances the agreement can be ended.

Carefully reviewing contract terms can help you understand your rights and obligations. For example, it’s important to remember that you have the right to negotiate terms that don’t meet your requirements, and there are certain provisions that you aren’t required to accept by law.

To protect your loved one’s health and safety, you’ll want to approach a long-term care agreement carefully:

1. Read thoroughly to ensure you understand every clause before signing.
2. Seek clarification and ask for an explanation from the facility if any term is unclear.

You Don’t Have to Accept an Arbitration Clause in Nebraska

Arbitration clauses are common in many contracts, including those for nursing homes. These clauses require disputes to be resolved through arbitration instead of court. This means foregoing the right to a jury trial.

Keep in mind that if you find that your loved one is injured or harmed due to nursing home negligence, the option of arbitration could dramatically limit your right to receive full compensation.

In Nebraska, forced arbitration in nursing home contracts is not allowed. This means facilities cannot require residents to agree to arbitration as a condition of admission. There’s no good reason for you to sign a contract that includes mandatory arbitration, but you’ll definitely want your lawyer to review any agreement that could be infringing upon your legal rights.

Informed Consent

Residents have the right to refuse treatment. This means they can say no to medical procedures or interventions they don’t want. Informed consent is crucial. Residents should be fully informed about their treatment options and the potential outcomes.

• Facilities must respect this right.
• Consent should be documented and respected.
• Families can support their loved ones by ensuring they understand their options.

Visitor Access Restrictions

Visitor access restrictions may be in place to protect residents, but overly strict rules can negatively impact a resident’s quality of life. Thus, contracts should clearly define visiting hours and any limitations.

You’ll want to examine the long-term care agreement so you’re fully aware of your right to visit loved ones. Before signing any agreement, make sure it:

• Balances safety with residents’ social needs.
• Ensures transparency in visitation policies.
• Includes provisions for reasonable access.

Communication Limitations in Contracts

Contracts may also include communication limitations. This could restrict access to phones or the internet, affecting residents’ ability to stay in touch with family members.

Residents have the right to communicate freely, and any limitations should be justified and minimal. That’s why it’s important to:

• Understand the facility’s communication policies.
• Ensure residents can contact family and friends easily.
• Address any unreasonable restrictions.

Eviction Procedures

Eviction policies outline when and how a resident can be asked to leave. Common reasons include non-payment or safety concerns. Contracts must specify these policies clearly.

Residents have the right to know the circumstances under which they can be evicted. That’s why it’s a good idea to:

• Review policies carefully.
• Ensure they comply with state regulations.
• Be aware of residents’ rights to appeal.

Legal Grounds for Eviction

Evictions must be based on legal grounds. This means facilities cannot evict residents without a valid reason. If eviction is attempted, residents should be notified in writing, with an explanation of the reason for eviction.

There are important steps you can take if a facility attempts to evict your loved one:

• Understand valid grounds for eviction.
• Ensure proper documentation and notice.
• Challenge any unjust eviction attempts.

Challenging an Eviction

You have the right to fight back if the facility tries to evict your loved one on illegitimate grounds. Here’s what you can do:

1. Review the eviction notice to ensure it states valid grounds.
2. Gather evidence such as documents and witness statements.
3. Seek legal advice from a credible nursing home abuse attorney for guidance.
4. File an appeal and submit the necessary paperwork to contest the eviction.
5. Attend the hearing to present your case clearly and confidently.

Liability and Injury Clauses

Liability clauses determine who is responsible for injuries sustained on the premises. These clauses should not unfairly limit the facility’s responsibility. Take a careful look at the contract to make sure you’re not signing away your right to seek compensation for negligence.

• Review clauses for fairness.
• Ensure responsibility is clearly defined.
• Seek legal advice if clauses seem unreasonable.

Policies Regarding Lost or Stolen Property

Handling lost or stolen property is a frequent concern in nursing homes. Contracts should include policies for managing these situations.

Residents and their families have the right to know the steps required for reporting lost belongings. Before signing a contract, it’s a good idea to:

• Understand reporting procedures.
• Ensure appropriate compensation policies.
• Advocate for secure storage options.

Talk to an Omaha Nursing Home Accident Attorney Today

Nobody has the right to hurt the people you love. An experienced Omaha personal injury lawyer like Jason Bottlinger can help. Jason Bottlinger has been named One of the Best Personal Injury Attorneys in Omaha by Expertise.com. He’s a member of the prestigious Multi-Million Dollar Advocates Forum, and he has a perfect A+ rating from the Better Business Bureau.

If your loved one has been harmed, or if you have any concerns about the care they are receiving, contact our Omaha nursing home abuse lawyer at Bottlinger Law L.L.C. right away—call (402) 505-8234 to learn more today.