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This site provides comprehensive information on many aspects of nursing homes: nursing home abuse information and legislation, resident rights, preventative steps to nursing home abuse, appropriate links, and much more. In addition, we provide legal rights and resources for those who have experienced nursing home abuse and received mistreatment while residing in a nursing home. Nursing home abuse can exact a heavy toll on its victims and their families and loved ones. And, unfortunately, the sad truth is that the incidence of nursing home abuse has been rising steadily during the past 15 years. Our site provides victims and their families with the information and resources they need to help protect against abuse, neglect, and mistreatment at the hands of nursing homes and their staff. Let the experience, knowledge, and expertise of our legal team bring you the justice that you deserve.
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NURSING HOME RESIDENT RIGHTS The following is a summary of rights as outline 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." In order for nursing homes to be a part of the Medicare or Medicaid programs, they have to meet the following guidelines:
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. Facilities must provide social activities that reflect the interests of the nursing home residents. 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. 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. Individual residents will be treated with dignity and respect by the facility and their staff. 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. 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. 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. Residents may choose their own physician(s). Residents may participate in their own care and treatment. 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. Facilities must provide a level of care that enhances the quality of life. Facilities will promptly send and receive resident mail unopened. Residents will have access to writing materials and supplies. Married couples may share a room. Family members and residents are to receive written notice of state and facility bed-hold policies before and at the time of a transfer. 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. 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. Personal property is to be retained and used by the resident as they wish as long as space is available. 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. Residents have the right of privacy of personal and health records. Privacy includes:
Medicinal drugs may be self-administered as long as they are deemed safe by the interdisciplinary team. Facilities must provide those social services that protect or bolster resident’s well being. 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. Residents must be allowed to use the telephone in private. Transfers and discharges can only made if the facility is unable to: Meet the specific needs of a resident No longer needs the services Facilities will provide residents with safe transfers or a discharge. 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. CONTACT A NURSING HOME ABUSE LAWYER
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THE NEWS To check the performance rating of a nursing home click here
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