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By The Paul F. Serpas Report - The St.
Bernard News, April 27, 2005
Throughout the
country those who have relatives and friends in nursing homes are
often frustrated and worried that their loved ones are not
receiving the proper level of care, not only in what they consider
the essential health related areas, but also in the areas of
personal kindness, understanding and comfort that nursing home
residents should expect and, indeed, are entitled to under the
umbrellas of the Nursing Home Reform Law and the Americans with
Disabilities Act.
Although these laws
are strongly enforced and vigorously supported, many persons whose
concerns they address are not aware of them.
Here, then, as
adapted from the manual "Nursing Homes, Getting Good Care There,"
published the National Citizens Coalition for Nursing Home Reform
in Washing D.C. are, but not all of the expressed rights of nursing
home residents.
For more
information, call the National Citizens Coalition for Nursing Home
Reform at (202) 332-2275.
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RESIDENTS' RIGHTS
IN A
NURSING HOME
All nursing
home residents have rights protected by the Nursing Home Reform
Law and Americans with Disabilities Act. Family members
should be aware of these rights to ensure that their loved ones
are receiving the best care possible.
Access to
information.
Residents have the right to:
·
Information on all services available and the changes for those
services.
·
Information on the facility's policies, procedures, rules, and
regulations.
·
Information on how to con-tact their state ombudsman and licensure
office and advocacy groups.
·
Review the state survey reports on the facility.
·
Daily communication in their own language.
·
Assistance if there is sensory impairment.
Participation in
care.
Residents have the right to:
·
Receive adequate or appropriate care.
·
Be
informed of their medical condition and participate in treatment
planning. |
·
Refuse medication and treatment and be offered treatment
alternatives.
·
Participate in discharge planning.
·
Review their medical records.
Make independent choices.
Residents have the right to:
·
Choose their physician
·
Participate in activities in the facility and community.
·
Participate in a residents' council.
Privacy and
confidentiality.
Residents have the right to:
·
Private and unrestricted communication, including privacy for
phone calls, mail, and meetings with family, friends, and
residents.
·
Access to any entity or individual that provides health, social,
legal, and other services.
·
Confidentiality regarding medical, personal, and financial
affairs.
Dignity, respect, and
freedom.
Residents have the right to:
·
Be
free from mental and physical abuse.
·
Be
free from physical and chemical restraints.
·
Self-determination.
·
Be
treated with consider-ation, dignity, and respect. |
Security for
possessions.
Residents have the right to:
·
Manage personal financial affairs.
·
File
a complaint with the state survey and agency for abuse, neglect,
or mis-appropriation of property.
Transfers and discharges.
Residents have the right to:
·
Be
transferred or discharged only for medical reasons, if health or
safety is endan-gered, for nonpayment of services, or if the
facility closes.
·
Be
notified of transfer 30 days in advance (in most instances).
·
Know
the reason for transfer, the date it’s effective, the location to
which they will be discharged, and a statement of the right to
appeal.
·
Receive preparation from the facility to ensure a safe and orderly
transfer.
·
Have
policies and practices upheld by the facility that are the same
for all individuals regardless of payment source.
Concerns and
complaints.
Residents have the right to:
·
Present grievances to the staff or others without fear or
reprisal.
·
Have
grievances promptly resolved by the facility. |
