Nursing Home Residents' Rights
Responding to rising abuse and neglect in nursing homes and other concerns, Congress passed the Nursing Home Reform Act of 1987 (Act). Given their particular infirmities and needs, nursing home residents are particularly vulnerable to neglect and abuse. The Act emphasizes each individual resident's dignity and recognized that each resident has a right to quality care and self-determination. Each state has developed its own nursing home residents rights that may enhance the basic rights recognized under federal law.
Generally, the Act recognizes that each resident is entitled to dignity and respect. Nursing homes must be clean and safe. Nursing homes must provide "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." Nursing home residents must be provided with the quality of services and care that will allow them to function at the highest level that is medically and practicably possible. As part of the focus on the resident's dignity, the resident's right to privacy must be respected. This means confidentiality in medical records, visitation rights, mail privileges, the right to use personal grooming and clothing items, and the right to share a room with a spouse if it is as all possible to do so. Dignity and respect also encompasses the freedom to associate with others and from imposed solitude.
Each resident is entitled to services and activities that will "attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident" in accordance with the resident's assessed needs. As an adjunct, the resident has the right to be free from physical, emotional, and mental abuse and cruelty. This includes the right to be free from involuntary restraints such as physical restraints and chemical restraints except in medical emergencies. Corporal punishment and involuntary seclusion are proscribed.
The resident has the right to be informed about all aspects of her care and treatment. A resident has the right to choose her health care provider. A resident must be informed of any proposed treatment and medications to the greatest extent possible. Each resident has the right to participate in medical decisions, including experimental research, and to direct the course of medical care and treatment. The resident must have reasonable and prompt access to her medical records. The Act recognizes that the resident's rights are worth little if concerns are not addressed and quickly dealt with. The Act recognizes the resident's right to participate in administrative and regulatory oversight and advocate for her rights. The Act requires each state to appoint an ombudsman to respond to and address nursing home residents' grievances expeditiously. Ombudsmen have access to oversight agencies' records. In turn, nursing home residents have reasonable access to the records of ombudsmen. Nursing homes are required to provide residents with ombudsmen contact information, information that identifies governing regulations, and the rights to which each resident is entitled.
The right to be informed also includes the right to personal autonomy in financial management, the right to know of the specific charges for services and care, and the right to regular accountings by the nursing home. Residents must be notified of any plans by the nursing home to discharge the resident or change the resident's roommates in advance. A resident may not be subjected to Medicaid discrimination.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.