Resident’s Rights

In 1987, Congress enacted the Nursing Home Reform Law, which guaranteed certain rights for the elderly who live in long-term care facilities. According to the NCCNHR, a not-profit coalition that advocates these rights, the purpose of the Nursing Home Reform Law is to promote and enhance the quality of life of residents in nursing homes. There law places emphasis on the dignity of the resident, as well as choice and self-determination. This federal law also requires that nursing homes provide the highest practicable services in order to ensure the overall wellbeing of each resident. A written plan of care that describes the services and care that will be provided should be worked out with the resident, their family, or their legal representative. What this means is that in order to satisfy the federally guaranteed rights that residents have, there should not be a decline in health due to care that is provided by nursing homes.

One of the rights that the law protects is the right of a resident to be informed of their care. This includes the right to information concerning the costs associated with receiving care. Costs for care should be transparent so that residents know exactly what they are paying for. Residents have the right to know the rules of the home, and to receive a written copy of these rules. Residents should also have access to numbers of state agencies they can call in case there are any problems to report. Residents also have a right to be informed of any potential changes in rooming, or arrival of new roommates. If a resident has a sensory impairment such as blindness, they have a right to assistance. Residents also have a right to all of the above information in a language they can understand. Information is the key to understanding the ins and outs of the facility and the care that is being provided.

Residents have a right to participate in their own care. What this includes is receiving notice of changes in medical condition, participation in all levels of planning of care, refusing treatment or medication, review of medical records, and to not be charged for the services that Medicare and Medicaid already cover. Participating in one’s own care means having control of the quality and level of services received at a nursing home.

The right to complain is another right that is protected. This right is extremely important in the relationship between the resident and the facility. Every resident can complain to the staff, the police, or to any state or federal agency knowing that their complaint will be taken seriously. When a complaint is made, a resident should not have to fear negative consequences, which is why this right exists.

Privacy and confidentiality are also essential rights protected by the Nursing Home reform law. This means private and unrestricted communication with anyone inside or outside the facility. This also means privacy and confidentiality in dealing with medical, personal and financial matters, as well as during everyday treatment and care.

Elderly residents living in nursing homes also rights that relate to the handling of transfers and discharges. Transfers or discharges may happen if it necessary for the welfare of the resident, if the resident’s health has improved so as not to need care, the transfer or discharge is necessary for the health and safety of the staff, or if the resident fails to pay bills after reasonable notice has been given. If a transfer or discharge is going to occur, the facility must give a thirty day notice that explains the reason, date, and location of the discharge. The notice must inform the resident of their right to appeal the decision, and give contact information of the state long-term care ombudsman who can assist the resident in any matters related to the facility. In addition, the resident must be safely transferred or discharged by the nursing home.

Residents also have a right to have visitors. This includes not only relatives and friends, or anyone else the resident wishes to see, but also physicians of the residents choosing, or anyone from any state or local service, as well as those providing other services including legal, health, or social services.

The right to make independent choices is another guarantee. This includes the right to make personal decisions, have personal needs and preferences attended to, choose one’s own physician, participate in activities in or outside of the nursing home, form resident backed councils, and manage one’s own financial matters.

These rights are all meant to treat nursing home residents with the dignity, freedom, and respect they deserve. This includes being treated with consideration, being free from all types of abuse and neglect, to not worry about the security of their possessions, and to make one’s own decisions to the best of their ability. All of these rights are federally protected by the Nursing Home Reform Law of 1987. Anyone who believes that these rights have been infringed upon should contact family, friends, local and state law officers, the state ombudsman, and seek legal advice to ensure that these rights remain protected.

Sources: The National Consumer Voice for Quality Long-Term Care, Formerly NCCNHR

http://www.theconsumervoice.org/resident/nursinghome/residents-rights

National Center on Elder Abuse, Administration on Aging http://www.ncea.aoa.gov/