A safe environment is essential for nursing home residents. Federal law sets the federal quality standards and provides specific protections under the Nursing Home Reform Act. Knowing these rights makes it possible for residents and loved ones to advocate for proper care. If you suspect that neglect or abuse may be an issue, reaching out to a nursing home abuse attorney is recommended.
Nursing Home Resident Rights Under the Nursing Home Reform Act
The Nursing Home Reform Act outlines the fundamental rights of nursing home residents. These rights protect residents from mistreatment. Familiarizing oneself with these regulations will help you understand the acts/processes that nursing homes are not allowed to perform.
Dignity and Respect
Residents must always be treated with dignity and respect. Nursing homes must provide resident care that supports self-esteem and overall mental and physical well-being.
Personal Privacy
Facility residents have the right to privacy. This includes private communication, personal care, and privacy in their resident home. Understanding the acts that nursing homes are not allowed to do helps protect this right.
Information Access
Access to all records and information about one’s health is a critical right. Residents should always receive complete information regarding their medical conditions, treatment options, and agreed-upon treatment plans.
Personal Record
Residents have the right to access and manage their personal records. Regular review of personal records allows residents to track their health and treatment progress. This is one of the most basic of nursing home rights.
Participate in Care
Involvement in care planning is important. Residents have the right to participate in discussions about their treatment and also have the right to refuse specific treatments.
Freedom from Discrimination
Residents cannot be discriminated against based on race, color, national origin, disability, age, or religion. Equal treatment creates a supportive and inclusive community within a facility. If you believe a loved one is a victim of discrimination, it’s important to reach out to nursing home abuse attorneys before attempting to manage the situation on your own.
Freedom from Abuse and Neglect
Nursing home abuse and neglect are severe issues, especially when it’s you that it effects. Know that nursing home residents have the right to be free from physical, emotional, and financial abuse. Contacting a nursing home abuse attorney near me can help address any violations of any related abusive or neglectful act.
Freedom From Restraints
Physical restraints should never be used for discipline or convenience. Using restraints inappropriately can cause significant physical and psychological harm and should be promptly reported.
Confidentiality of Records
Residents’ medical and personal records must be kept confidential by law. Only authorized individuals can access these records. Confidentiality is crucial for protecting residents’ privacy and personal dignity.
Management of Personal Funds
Facility residents can manage their personal finances or appoint someone to do so on their behalf. Nursing homes must protect these funds from misuse. If you suspect misuse, it’s important to reach out to an experienced nursing home attorney for assistance.
Voice Grievances
Residents have the right to voice grievances without fear of retaliation. Facilities must address complaints promptly and thoroughly. If you need assistance in this area, working with a nursing home neglect attorney is a wise decision.
Protection from Involuntary Discharge
Residents are protected against being transferred to another facility or being discharged without proper notice and a valid reason. Understanding the consequences of breaking this rule in a nursing home or group home settings can help in such cases.
Visitation Rights
Residents can typically receive visitors of their choosing, which is important for their emotional well-being. Regular visits from family and friends have been shown to improve a resident’s quality of life and provide essential social support.
Right to Make Choices
Residents have the right to make decisions about their lives, including choosing activities and schedules that are meaningful to them. Residents also have the right to choose to participate or not to participate in any particular social activity.
Right to Form and Participate in Resident Groups
Nursing home residents may form and join groups within the facility to advocate for their rights and improve their quality of life. Participation in such groups has been found to encourage social interaction.
How to Enforce Your Rights
Understanding how to enforce these rights is essential. An attorney can help guide you to better understand resident rights in nursing homes and will fight for you in a case where their assistance is needed.
Seek Legal Counsel
Contacting experienced nursing home abuse attorneys is the first step to take when you feel that your or your loved one’s nursing home rights have been violated. These attorneys specialize in cases of nursing home abuse, neglect, and rights violations.
Report to State Authorities
Report any nursing home abuse or neglect to state authorities right away. An experienced nursing home attorney will investigate and take appropriate action against the facility.
Contact the Ombudsman
Long Term Care Ombudsman typically help residents in nursing home facilities with day-to-day care, health, safety, and personal preference issues. Reaching out to the ombudsman may provide additional support and resources when needed.