Nursing Home Abuse Help:

Nursing Home Resident Rights

The Nursing Home Reform Amendments of OBRA 1987 mandate that nursing homes "promote and protect the rights of each resident." These rights must be hung visibly in the building along with a number where the state's long-term care ombudsman can be reached.

If you feel your nursing home resident rights have been violated, fill out our free case evaluation form to speak with a nursing home abuse attorney.

The Nursing Home Reform Amendments aim to maintain:

Quality of life

Nursing homes are expected to "care for the residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident." More stress now lies on making sure nursing home residents have high self-esteem, are given the opportunity to make choices, and exhibit a sense of self-determination.

Provision of services and activities

Each nursing home is required to offer services and activities that allow residents to peak at the highest mental and physical capacity that they are capable of. This is achieved through a written agenda that is compiled with the participation of the resident or the resident's legal representative.

Participation in facility administration

By law, "resident and advocate participation" must be part of the criteria use to evaluate a home's conformity to administration requirements.

Guaranteed access to the ombudsman program

The law provides instant access by ombudsmen to residents and justifiable access, in accordance with state legislation, by ombudsmen to records. Legislation also asks that residents are instructed how to reach ombudsmen in order to speak out about an injustice or something as basic as a transfer to another facility. State agencies must grant ombudsmen access to inspection results also.

Rights of Nursing Home Residents

Right to self-determination

Nursing home residents have the right:

To select their own doctor.
To have access to medical information and involvement in all decisions involving care and treatment.
To receive personalized services at the facility based on individual requirements and preferences.
To speak their mind in regards to quality of treatment without any repercussions and to receive prompt feedback from staff concerning this matter.
To manage and take part in special interests groups composed of facility residents.

Personal and privacy rights

Nursing home residents have the right:

To partake in social, religious, and community events as they see fit.
To privacy in terms of healthcare, accommodations, visits from friends and family, written or communication by phone, resident and family group meetings
To confidentiality of personal and medical documents

Rights regarding nursing home abuse and restraints

Nursing home residents have the right:

To be liberated of any physical or psychological maltreatment, corporal punishment, solitary confinement, or use of restraints as punishment.
To avoid being restrained to ease the burden on the staff as opposed to the residents' welfare.
To be restrained under a doctor's strict orders for the purpose of treating medical symptoms and guaranteeing the resident's safety while protecting others.
To be administered prescription medication according to a doctor's written guidelines to care for a particular medical condition. This should be couple with an annual review for aptness by an independent medical expert.

Rights to information

Nursing homes are obligated:

To provide, upon request, residents with up-to-date inspection results and any measures the facility plans to take to improve existing conditions.
Advise residents ahead of time about any preparation to alter their rooms or swap roommates.
Notify residents of their rights when they initially move in to the nursing home, providing them with a written version of the rights. This should include their rights concerning personal finances and the ability to file a complaint with the state survey agency.
Tell residents in writing, at the time of arrival and during the course of their stay, about basic services and those that are not covered under the standard rate which are only available at extra cost. Also inform residents covered by Medicaid which services are included and which will require an additional charge.
Discuss how to take advantage of Medicaid benefits with residents, and also provide them with written material explaining the same thing. In addition, teach residents how they can qualify for a reimbursement of previous private payments that Medicaid will gradually pay back.

Rights to visits

Nursing homes are obligated:

To allow urgent visits by a resident's primary care physician in addition to representatives from the licensing agency and ombudsman program.
To allow urgent visits by a resident's family providing the resident gives permission.
To allow visits "subject to reasonable restriction" by a resident's friends providing the resident gives permission.
To allow ombudsmen to examine a resident's medical file providing the resident gives permission.

Rights of transfer and discharge

Nursing homes must allow each inhabitant to stay in the complex and not transfer or discharge them unless:

The transfer or discharge is essential for the well-being of the resident, and the current facility is incapable of providing that level of care.
The resident's general health has reached a point that they no longer require the extent of care that a nursing home can offer.
The health and security of fellow residents is compromised.
The resident has received ample warning and still has not paid for a service that was personally requested.
The facility shuts down.

Residents and their representatives must be notified prior to a transfer:

No less than 30 days ahead of time or as quickly as possible if drastic changes in health call for a more rapid transfer.
About why the transfer is happening and the resident's right to appeal the move. They should also be given the contact information for the ombudsman program along with protection and advocacy groups for those with mental illness or disabilities.
About coming back to the facility and whether the resident has the right to request that their bed remain open. They should also be informed as to the period of time Medicaid will pay for the cost of the vacant bed in addition to the facility's policy on allowing a resident to return to the next available bed if Medicaid decides to stop payment on the bed.

Protection of personal funds

A nursing home must:

Never force residents to let the facility hold their money.
Abide by the following rules if it agrees per a written contract to accept liability for holding a resident's money:

Keep any amount of money in excess of $50 in an account that earns interest apart from the account maintained by the nursing home.
Keep a petty cash account for funds less than $50.
Keep a thorough record of individual residents' funds, including written documentation of every transaction that can be verified with residents and their representatives.
Alert Medicaid members when their account balance approaches $200 below the maximum and how this impacts their eligibility for coverage.
Transfer all funds to the resident's trustee if they die.
Purchase a surety bond to safeguard residents' funds.
Do not bill a resident for any product or service covered under Medicaid, including but not limited to personal hygiene items and services utilized on a daily basis.

Protection against Medicaid discrimination

A nursing home must:

Implement and abide by policies identical to other nursing homes in terms of transfer, discharge, and how services covered by Medicaid will be provided.
Not force residents to surrender their right to Medicaid coverage and must provide information relevant to the Medicaid application process.
Not force a third party to guarantee payment as a condition of admission or ongoing stay.
Not seek or accept bribes such as gifts, donations, or any other means of persuasion from prospective Medicaid consumers as a prerequisite for admission or ongoing stay.