Nursing home residents have specific rights as residents. Those who are living in assisted living facilities should know their rights, and what to do if they have a problem with a nursing home administration.
Here are some of the inherent rights that the 1987 Nursing Home Reform Law gives to residents.
The Right to be Informed
Disclosure rules give residents the right to be informed about costs, facility rules and many other issues. Facilities have to tell residents about a nursing home’s plan of correction. They have to give residents information in languages that they understand. They also have to provide access to an outside agency that would handle any complaints.
Right to Complain
In accordance with the right to information, residents also have a right to make complaints to state agencies. Residents have a right to do this without any fear of retaliation. That’s another important aspect of safeguarding the welfare of our senior citizens. The right to complain helps residents to feel that they have recourse if something bad happens or they feel poorly served by a nursing home.
Privacy Rights
Nursing home residents have a right to privacy. They have a right to expect that staff will leave the room when asked, if they need to speak to a family member or other individual in private. These privacy rights may be subject to questions of medical necessity, but in general, these rights are due to all residents.
There’s a certain standard of privacy for treatment that outlined by the Health Insurance Portability and Accountability Act or HIPAA. Nursing home residents are protected under this act to a right to privacy of their healthcare information.
Transfer Rights
Residents also have certain rights during the discharge process. Nursing homes have to consider whether a discharge or a transfer will have a negative impact upon the resident’s welfare. They have to look at medical necessity and give notice of decisions.
Personal Rights
Residents also have specific ‘rights to their persons’. They have a right to dignity and respect. They have the right to reasonably make their own decisions. They have the right to participate in outside activities. They have a right to choose doctors. All of these are important rights that must be safeguarded to protect the elderly from nursing home abuse.
If you have concerns about someone in your family who is in a nursing home, talk to the law offices of Steve Watrel, a trusted nursing home abuse and neglect lawyer in Jacksonville, Florida. We will listen to your family’s situation and help you to figure out your rights under the law.
