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Residents'
Rights
(Note: The information below is
taken in part from the web site of the National Citizens' Coalition
for Nursing Home Reform at www.nccnhr.com)
Residents' rights were part of the Nursing Home
Reform Law enacted in 1987 by the U.S. Congress. The law requires
nursing homes to promote and protect the rights of each resident and
places a strong emphasis on individual dignity and self-determination.
Nursing homes must meet residents' rights requirements to participate
in Medicare or Medicaid.
Quality of Life
The Nursing Home Reform Act requires each
nursing home to care for its residents in such a manner and in such an
environment as will promote maintenance or enhancement of the quality
of life of each resident. This statement highlights an emphasis on
dignity, choice, and self-determination for nursing home residents.
Providing Services and Activities
Each nursing home is required to provide
services and activities to attain or maintain the highest practicable
physical, mental, and psychosocial well-being of each resident in
accordance with a written plan of care which is initially prepared,
with participation to the extent practicable of the resident, the
resident's family, or legal representative. This means that a resident
should not decline as a direct result of the nursing facility's care.
Specific Rights
The Nursing Home Reform Act also grants nursing
home residents these specific rights:
· The Right to Be
Fully Informed, including:
· The right to
be informed of all services available as well as the charge
for each service;
· The right to
have a copy of the nursing home's rules and regulations,
including a written copy of their rights;
· The right to
be informed of the address and telephone number of the State
Ombudsman, State licensure office, and other advocacy groups;
· The right to
see the State survey reports of the nursing home and the
home's plan of correction;
· The right to
be notified in advance of any plans to change their room or
roommate;
· The right to
daily communication in their language;
· The right to
assistance if they have a sensory impairment.
· The Right to
Participate in Their Own Care, including:
· The right to
receive adequate or appropriate care; The right to be informed
of any changes in their medical condition;
· The right to
participate in planning their treatment, care, and discharge;
· The right to
refuse medication and treatment;
· The right to
refuse chemical and physical restraints;
· The right to
review their medical record.
· The Right to Make
Independent Choices, including:
· The right to
make independent personal decisions, such as what to wear and
how to spend free time;
· The right to
reasonable accommodation of their needs and preferences by the
nursing home;
· The right to
choose their own physician;
· The right to
participate in community activities, both inside and outside
the nursing home;
· The right to
organize and participate in a Resident Council
· The Right to
Privacy and Confidentiality, including:
· The right to
private and unrestricted communication with any person of
their choice;
· The right to
privacy in treatment and in the care of their personal needs;
· The right to
confidentiality regarding their medical, personal, or
financial affairs;
· The Right to
Dignity, Respect, and Freedom, including:
· The right to
be treated with the fullest measure of consideration, respect,
and dignity;
· The right to
be free from mental and physical abuse, corporal punishment,
involuntary seclusion, and physical and chemical restraints;
· The right to
self-determination.
· The Right to
Security of Possessions, including:
· The right to
manage their own financial affairs;
· The right to
file a complaint with the State survey and certification
agency for abuse, neglect, or misappropriation of their
property if the nursing home is handling their financial
affairs;
· The right to
be free from charge for services covered by Medicaid or
Medicare.
· Rights During
Transfers and Discharges, including:
· The right to
remain in the nursing facility unless a transfer or discharge:
is necessary to meet the resident's welfare; is appropriate
because the resident's health has improved and the resident no
longer requires nursing home care; is needed to protect the
health and safety of other residents or staff; is required
because the resident has failed, after reasonable notice, to
pay the facility charge for an item or service provided at the
resident's request;
· The right to
receive notice of transfer or discharge. A thirty-day notice
is required. The notice must include the reason for transfer
or discharge, the effective date, the location to which the
resident is transferred or discharged, a statement of the
right to appeal, and the name, address, and telephone number
of the state long-term care ombudsman;
· The right to a
safe transfer or discharge through sufficient preparation by
the nursing home.
· The Right to
Complain, including:
· The right to
present grievances to the staff of the nursing home, or to any
other person, without fear of reprisal;
· The right to
prompt efforts by the nursing home to resolve grievances.
· The Right to
Visits, including:
· The right to
immediate access by a resident's personal physician and
representatives from the health department and ombudsman
programs;
· The right to
immediate access by their relatives and for others subject to
reasonable restriction with the resident's permission;
· The right to
reasonable visits by organizations or individuals providing
health, social, legal, or other services.
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