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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 nursing home negligence 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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