8 Nursing Home Rights Residents Should Be Aware Of

/, Nursing Home Abuse/8 Nursing Home Rights Residents Should Be Aware Of

8 Nursing Home Rights Residents Should Be Aware Of

Nursing Home Residents’ Rights Awareness Month

The month of October serves as a platform to raise awareness for the legal rights and protections against the abuse and neglect of nursing home residents across the country, including those who live right here in Kentucky. It’s an important time as nursing home laws designed to protect and support an individuals’ rights while living in a nursing home facility or long-term care center are often violated and ignored, triggering horrific events of negligence, injuries and abuse against some of our most vulnerable citizens.

At the heart of these rights is the 1987 Nursing Home Reform Law which requires each nursing home to care for its residents in a manner “that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination.” Take this time to increase your knowledge on the law that protects the following rights of nursing home residents and speak up on their behalf if you fear it has been violated.

The Right to Be Fully Informed of

  • Available services and the charges for each service
  • Facility rules and regulations, including a written copy of resident rights
  • Address and telephone number of the State Ombudsman and state survey agency
  • State survey reports and the nursing home’s plan of correction
  • Advance plans of a change in rooms or roommates
  • Assistance if a sensory impairment exists
  • Residents have a right to receive information in a language they understand

Right to Complain

  • Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
  • To complain to the ombudsman program
  • To file a complaint with the state survey and certification agency

Right to Participate in One’s Own Care

  • Receive adequate and appropriate care
  • Be informed of all changes in medical condition
  • Participate in their own assessment, care-planning, treatment, and discharge
  • Refuse medication and treatment
  • Refuse chemical and physical restraints
  • Review one’s medical record
  • Be free from charge for services covered by Medicaid or Medicare

Right to Privacy and Confidentiality

  • Private and unrestricted communication with any person of their choice
  • During treatment and care of one’s personal needs
  • Regarding medical, personal, or financial affairs

Rights During Transfers and Discharges

  • Remain in the nursing facility unless a transfer or discharge:
  • (a) is necessary to meet the resident’s welfare;
  • (b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care;
  • (c) is needed to protect the health and safety of other residents or staff;
  • (d) 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
  • Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman
  • Safe transfer or discharge through sufficient preparation by the nursing home

Right to Dignity, Respect, and Freedom

Right to Visits

  • By a resident’s personal physician and representatives from the state survey agency and ombudsman programs
  • By relatives, friends, and others of the residents’ choosing
  • By organizations or individuals providing health, social, legal, or other services
  • Residents have the right to refuse visitors

Right to Make Independent Choices

  • Make personal decisions, such as what to wear and how to spend free time
  • Reasonable accommodation of one’s needs and preferences
  • Choose a physician
  • Participate in community activities, both inside and outside the nursing home
  • Organize and participate in a Resident Council
  • Manage one’s own financial affairs

It may be hard to imagine the need to contact an attorney with worrisome about your loved one’s rights being violated but with offices throughout the state, Rhoads & Rhoads is here for you and your family.

Owensboro and Madisonville Nursing Home Abuse Lawyers — No Recovery, No Fee

We offer free initial consultations, and all cases are taken on a contingency fee basis, which mean there is no payment required up front. We get paid only if we win or settle your case, so there is NO RISK involved. Call us at 888-709-9329 or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro nursing home abuse and neglect attorneys.

By | 2018-10-19T13:42:30+00:00 October 17th, 2018|Kentucky News, Nursing Home Abuse|0 Comments

About the Author:

Chris Rhoads is a partner in the firm’s Owensboro office and has been practicing law since 1996. He practiced law in the firm of Woodward, Hobson & Fulton in Lexington, Kentucky in its trial practice and product liability litigation section for five years before joining Rhoads and Rhoads in 2000.

Leave A Comment