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October 10, 2013

8 Rights Nursing Home Residents Cannot Be Denied

According to The Consumer Voice, October is Residents’ Rights Month–a month dedicated to highlighting the importance of treating nursing home and retirement community residents like the human beings they are. There are countless reports of nursing home abuse across the country that occur when nursing home employees deprive residents of fundamental human rights, and instead treat them like complacent animals. The Consumer Voice for Quality Long-term Care advocates for the stop to nursing home abuse through awareness of the law-given rights nursing home residents must be provided. Specifically, what rights should nursing home residents be given?

Nursing Home Rights

The Consumer Voice awareness organization highlights the 1987 Nursing Home Reform Law that names specific rights residents should not be denied. They are:

  • The right to be fully informed. This includes alerting nursing home residents of services provided and the charges for these services. Often, elderly residents are not told what they are being charged for–feeling confused and exploited. Also, this protects the right to know and understand if any room or roommate changes will occur. Lastly, all residents should be informed no matter what language they understand or communication impairment they might have. Therefore, accommodations should be made to ensure proper communication and understanding.
  • The right to complain. Nursing home residents should never be afraid to complain to staff. It is their right to feel comfortable at ‘home’ and discuss problems with care so that they can be improved. Nursing home staff has no excuse for using fear and intimidation to prevent complaints. Nursing home residents also have the right to complain to the state survey and certification agency, and nursing home staff should never take measures to prevent this.
  • The right to participate in their own care. Nursing home residents should never be exploited because of their age. Instead, they should be given an active role in their care-planning and medical treatment. They should be aware of all procedures and treatment in addition to any changes to their care. They have the right to request appropriate medical attention as well as deny any medication or treatment. Lastly, nursing home residents should never be charged for any treatment covered by Medicare or Medicaid.
  • The right to privacy and confidentiality. Nursing home residents, just like all Americans, have a right to patient confidentiality. Moreover, they should never be denied the ability to privately communicate with any person of their choice for medical, financial, or personal reasons.
    Rights during transfers and discharges. Nursing home residents cannot be transferred or discharged unless specific requirements have been met. They must be given 30 days advanced warning and a right to appeal.
  • The right to dignity, respect, and freedom. Nursing home residents should be treated like human beings–respected and safe from physical, emotional, or mental harm. They also have the right to thier own decisions and possessions.
  • Right to visits. Nursing home residents should not be denied the right to visit with any person they wish, and they also have the right to deny any visitors. Even state survey agency representatives, who could reprimand the nursing home, should be allowed to visit.
  • The right to make independent choices. By moving into a nursing home, residents do not hand over their right to make their own choices. Residents should be allowed to decide how they wish to spend free time, choose a physician, manage their finances, and participate in community activities. Nursing home residents should not be denied the right to form and participate in a Residents’ Council.

Kristen Valek writes for Alamo Injury Attorneys, a personal injury law firm located in San Antonio, Texas, with experience in nursing home abuse cases. It makes Kristen really sad to learn about nursing home abuse.

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