What rights do
we have?
In
1987, Congress passed the Nursing Home Reform Act which requires
each state to issue regulations to protect the rights of nursing
home residents. Protecting your loved one's rights begins with
understanding them.
- Freedom from
Abuse and Restraints.
Residents have the right to be free from physical or mental abuse.
They cannot be kept apart from other residents against their
will. They cannot he tied down or given drugs to restrain them
if it is not required to treat their medical symptoms. The facility
cannot use restraints to punish a resident or to make it easier
to care for the resident.
- Grievances.
Residents have the right to complain about their care or treatment
without being punished. They also have the right to have their
grievances resolved quickly.
- Notice of
Rights.
When a resident is admitted to a nursing facility, staff must
inform the resident about his or her rights. The facility must
provide a written statement of these rights if a resident asks
for it.
- Participation
in Resident and Family Groups.
Residents have the right to participate in social, religious,
and community activities that do not interfere with the rights
of other residents.
- Personal
Funds.
Nursing facilities may not require residents to deposit their
personal funds with the facility. However, a resident can ask
a nursing home to manage his or her personal funds. In this case,
the facility must follow state and federal recordkeeping requirements.
- Privacy.
Residents have the right to privacy. This right includes their
rooms, medical treatment, communications (including telephone
conversations), visits, and meetings with family or resident
groups.
- Records and
Surveys.
A resident has the right to review his or her medical records
within 24 hours after making a request. A resident also has the
right to examine the results of the facility's most recent survey
and the plan of correction, if there is one.
- Relocation.
Residents must receive notice before their room or roommate is
changed. Residents can refuse transfer to another room if the
purpose of the transfer is to move the resident from a Medicare
bed to a Medicaid bed or vise versa.
- Transfer
and Discharge.
Residents have the right to remain in the nursing home. They
cannot he moved unless the transfer or discharge is: (1) necessary
to meet the resident's welfare; (2) appropriate because the resident
no longer needs the facility's services; (3) necessary to prevent
endangering the health or safety of other individuals in the
facility; (4) based on the resident's failure to pay, after reasonable
notice; or (5) required because the facility has ceased to operate.
The resident and a family member or legal representative must
be given at least 30 days' notice of a proposed transfer/discharge
and must be informed of the resident's right to appeal. The facility
must prepare the resident so the transfer/discharge is safe and
orderly.
- Transfer
for Hospitalization.
Before transferring a resident for hospitalization or therapeutic
leave, a facility must give the resident written notice of how
long it will hold the resident's heel open. This is called a
"bedhold period."
- Priority
Readmission.
A nursing home resident who remains in the hospital or on therapeutic
leave after the bedhold period expires must be readmitted to
the facility immediately when a semi-private bed becomes available.
If
you believe one of the above legal rights has been violated,
you should consider contacting an attorney who specializes in
nursing home abuse.
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