RESIDENT
RIGHTS
Nursing
home residents have important rights
under both federal and state law.
Nursing homes are required by law
to educate their residents on their
rights and to assist them in exercising
them. In the case that a resident
is unable to understand or execute
their rights, the decision-making
ability for the resident is transferred
to whomever the law deems the most
suitable individual to make decisions
for the resident.
If
a nursing home fails to comply with
federal resident rights, they can
lose their Medicare or Medicaid certification
and funding. As well, federal and/or
state surveyors can sanction facilities
and homes that are not in compliance
with federal rules and regulations.
The
following is a summary of rights as
outlined in the Federal Nursing Home
Reform Law that was part of the 1987
Social Security Act. This law was
enacted in order to "promote
and protect the rights of each resident."
Accommodation
of Needs
- Nursing
home residents have the right to
receive reasonable accommodations
for their needs and preferences.
- Residents
should always be notified of room
changes or roommate changes.
- Residents
can make choices about facility
factors that are of importance to
them.
Activities
- Facilities
must provide social activities that
reflect the interests of the nursing
home residents.
Access
and Visitation Rights
- Residents
may receive or deny visitors.
- Nursing
home facilities must allow visitation
rights with any state or federal
agency that provides health, social,
or legal services.
Admission
Policy
- No
facility may require a third party
guarantee of payment or accept any
gifts as a condition of residence
staying there. They may accept contributions
to their facility only if they do
not influence admission or continued
stay.
- Nursing
home facilities may not require
residents to waive their right to
receive or apply for Medicare or
Medicaid benefits.
- Facility
may charge those residents who are
Medicaid-eligible for requested
services or items.
Dignity
- Individual
residents will be treated with dignity
and respect by the facility and
their staff.
Exercise
of Rights
- Nursing
home residents have the freedom
to exercise their rights as residents,
and as a citizen of the United States
without fear of discrimination,
restraint, interference, coercion
or reprisal.
- If
an individual is unable to act on
their own behalf, those rights can
be exercised by whoever is appointed
under state law to act on their
behalf.
Equal
Access to Quality Care
- Facilities
must use identical policies when
transferring and discharging residents.
- When
written notice is provided at time
of admission, the nursing home facility
may determine the charges for a
non-Medicaid resident.
Environment
- Facilities
must provide an environment that
is safe, clean, comfortable, and
as close to a normal home as is
reasonable.
- Facilities
must provide housekeeping and maintenance
services.
- Residences
will be provided with clean, adequate
baths and bed linens.
- Residences
will be provided with reasonable
and private closet space.
- Facilities
must provide residences with adequate
and comfortable lighting and sound
levels.
- Facilities
will provide comfortable and safe
temperature levels.
Freedom
of Choice
- Residents
may choose their own physician(s).
- Residents
may participate in their own care
and treatment.
Grievances
- Grievances
may be voiced without fear of discrimination
or reprisal. The resolution of these
grievances will be made promptly.
- Residents
shall have access to survey results
and a plan of correction. These
will be posted in a readily accessible
place.
- Residents
may contact client advocate agencies
and receive information from them.
Quality
of Life
- Facilities
must provide a level of care that
enhances the quality of life.
Mail
- Facilities
will promptly send and receive resident
mail unopened. Residents will have
access to writing materials and
supplies.
Married
Couples
- Married
couples may share a room.
Notice
of Bed-Hold Policy
- Family
members and residents are to receive
written notice of state and facility
bed-hold policies before and at
the time of a transfer.
Notice
of Rights and Services
- Facilities
will inform residents in both written
and oral form of all of their rights,
the applicable rules, and all regulations
regarding conduct and responsibilities.
- Residence
may inspect and purchase duplicate
copies of their health records.
- Facilities
are obligated to keep residents
up-to-date and informed as to their
state of health.
- Residents
maintain the right to refuse medical
treatment, as well as the right
to refuse experimental treatment(s).
- Residents
will be notified of their Medicare
and Medicaid benefits. This will
be accessible in an appropriate
location.
- A
facility must inform residents of
applicable services and charges.
- Facilities
will inform its residents how to
protect personal funds.
- Facility
inform those who live there of any
changes in their condition or any
decisions of transfer or discharge.
Facilities must notify a resident’s
physician and/or interested family
member.
- The
facility will notify their residents
and interested family members of
room or roommate changes.
- Residents
may refuse room changes that are
requested by the facility.
- A
facility must notify its residents
or certain family members of any
changes in the rights provided.
Participation
in Resident Groups
- Residents
may participate in any groups that
do not violate any laws.
- Facilities
need to provide appropriate spaces
for groups and meetings.
- If
invited by a group or meeting, staff
and others may attend the meeting.
- A
nursing home facility will adequately
address any concerns of a group.
Participation
in Other Activities
- Residents
can participate in any activities
as long as they do not violate the
rights of other residents.
Protection
of Funds
- Residents
may handle their own financial dealings.
- Residents
do not have to deposit their own
monies to the facilities.
- Any
funds that are deposited to the
facility will be handled with the
best interests of the depositor.
- Deposited
funds with the facility will be
protected by a security bond.
- Deposited
funds will not be intermixed with
the funds of the facility.
- Upon
request, the facility must provide
a quarterly, personalized financial
report.
- Remaining
assets of an estate will be handled
as the resident sees fit.
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Personal
Property
- Personal
property is to be retained and used
by the resident as they wish as
long as space is available.
Restraints
- Facilities
are not allowed to use physical
restraints, nor are they allowed
to use psychoactive drugs, on residence
for either discipline or as a simple
convenience. These can only be
used if they are for the purpose
of treating legitimate medical purposes.
Right
of Privacy
- Residents
have the right of privacy of personal
and health records.
Privacy
includes:
- Personal
care
- Medical
treatments
- Telephone
use
-
Visits
- Personal
Correspondence
- Family
or group meetings
Residents
have the right to refuse or release
their own records if transferred or
any other applicable reason.
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Self-Administered
Drugs
- Medicinal
drugs may be self-administered as
long as they are deemed safe by
the interdisciplinary team.
Social
Services
- Facilities
must provide those social services
that protect or bolster resident’s
well being.
Staff
Treatment
- Facilities
must be equipped to protect its
residents from staff abuse, neglect,
and theft.
- If
staff abuse or neglect is suspected
or alleged, facilities must investigate
the incident and report it to the
proper personnel.
Telephone
- Residents
must be allowed to use the telephone
in private.
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Transfer
and Discharge
Transfers
and discharges can only made if the
facility is unable to:
- Meet
the specific needs of a resident
- Protect
the safety of a resident
- In
addition, transfers and discharges
can only be made if the resident:
- No
longer needs the services
- Is
unable to make the proper payments
Residents
must be notified of transfers or discharges
at least 30 days before they are to
occur. The only exceptions are in
cases of health or safety concerns.
Facilities
will provide residents with safe transfers
or a discharge.
Work
- Residents
may refuse to perform services for
the facility.
- Any
services provided by a resident
must be recorded in detail, including
the type of work done and the compensation
paid.
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