Generally, nursing homes should list and give all the new residents a copy of these rights. However, if you or your aging loved one did not receive one, please make sure to read this article for your protection. It is also advisable that you talk to the facility administrator or representative to receive a copy of these rights.
What are my rights in a nursing home?
As a resident of a nursing home, you have the same rights and protections as all United States citizens. Each resident has a right to a dignified existence, self-determination, and communication with and access to people and services inside and outside the nursing home. These rights are specified in the Medicare program and can also vary under state law.
The nursing home must:
This must be done before or at the time you are admitted to the nursing home facility and also during your stay. You must acknowledge in writing that you received this information. Be sure to keep the information you get about your rights, admission and transfer policies, and any other information you get from the nursing home in case you need to look at it later.
At a minimum, Federal law specifies that a nursing home must protect and promote the following rights of each resident:
1. Freedom from Discrimination
If you believe you have been discriminated against, call the Department of Health and Human Services, Office of Civil Rights at 1-800-368-1019. TTY users should call 1-800-587-7697.
2. Respect
Please note that the nursing home can’t interfere with, coerce, discriminate or retaliate against you in exercising your rights.
3. Freedom from Abuse and Neglect
This includes, but isn’t limited to, nursing home staff, other residents, consultants, volunteers, staff from other agencies, family members or legal guardians, friends, or other individuals.
If you feel you have been abused or neglected (your needs not met), report this to the nursing home, your family, your local Long-Term Care Ombudsman, or State Survey Agency. It may be appropriate to report the incident of abuse to local law enforcement or the Medicaid Fraud Control Unit. Their telephone number should be posted in the Nursing Home.
Under the law, the nursing home must investigate and report to the proper authorities all alleged violations and any injuries of unknown origin within five working days of the incident.
4. Freedom from Restraints:
It is very important to know that it is against the law for a nursing home to use physical or chemical restraints, unless they are necessary to treat your medical symptoms. Restraints may not be used for punishment, or for the convenience of the nursing home staff.
A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or next to the resident’s body that the resident can’t remove easily, which restricts freedom of movement or normal access to one’s own body.
A chemical restraint is a drug that is used for discipline or convenience and not required to treat medical symptoms.
5. Information on Services and Fees
6. Money
If you ask the nursing home to hold, safeguard, manage, and account for your personal funds that are deposited with the facility, you must sign a written statement that allows the nursing home to do this. However, the nursing home can’t require you to deposit your personal funds with the facility and they must allow you access to your bank accounts, cash, and other financial records.
It is important to know that your money (over $50) must be placed by the nursing home in a separate account than the nursing home’s that will provide interest to you on your money. They have to have a system that ensures full accounting for those funds and must not mingle them with the nursing home’s or other residents’ funds.
If the nursing home puts many residents’ funds together, the nursing home must account for each person’s funds separately. They must give you quarterly statements and your individual financial record must be given to you when you or your legal representative asks for it.
The nursing home must protect your funds from any loss by buying a surety bond or providing other similar acceptable protections.
If a resident with a fund dies, the nursing home must return the funds with a final accounting to the person or court handling the resident’s estate within 30 days. Regarding Medicaid residents, the nursing home has to provide certain information regarding a resident with funds of certain balances.
7. Privacy, Property, and Living Arrangements
8. Medical Care
✓ You are involved in an accident that resulted in an injury or may require a physician’s intervention.
✓ A deterioration of your health, mental, or psychosocial status in a life threatening condition or clinical complications.
✓ Your treatment needs to change significantly or
✓ When the nursing home decides to transfer or discharge you from the home.
If your health allows and your doctor agrees, you can spend time away from the nursing home visiting friends or family during the day or overnight. This is called a leave of absence. Talk to the nursing home staff a few days ahead of time if you want to do this so medication and care instructions can be prepared.
Caution: If your nursing home care is covered by certain health insurance, you may not be able to leave for visits without losing your coverage.
13. Protection Against Unfair Transfer or Discharge:
You can’t be sent to another nursing home, or made to leave the nursing home, unless any of the following are true:
Please note that except in emergencies, nursing homes must give a 30-day written notice of their plan and reason to discharge or transfer you. They have to safely and orderly transfer or discharge you and give you proper notice of bed-hold and/or readmission requirements. You have the right to appeal a transfer to another facility. A nursing home can’t make you leave if you are waiting to get Medicaid. The nursing home should work with other state agencies to get payment if a family member or other individual is holding your money.
Most home have such groups, often called a resident council. The home must give you meeting space, and must listen to and act upon grievances and recommendations of the group.
16. Information on how to apply for and use Medicare and Medicaid benefits.
For people seeking admission to the nursing home, the nursing home must provide (orally and in writing) and prominently display written information about how to apply for and use Medicare and Medicaid benefits. They must also provide information on how to receive refunds for previous payments covered by such benefits.
Related Articles:
Source: Department of Health and Human Services
Catharine “Kate” is a Certified Administrator for Residential Care Facilities for the Elderly (RCFE) and an Expert Senior Care Advisor. Kate’s grandmother battled Alzheimer’s Disease and Kate personally understands what millions of families are going through. Kate and her team are very passionate in empowering Seniors and their families by providing them with the Best Available Senior Care Options based on Senior’s care needs, preferred location and family’s budget.
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