Part 1: Residents’ Rights Month
The 1987 Nursing Home Reform Law is a federal law requiring nursing homes to “promote and protect the rights of each resident” in support of individual dignity and self-determination. Unfortunately, the law is often violated without repercussion because most seniors (and their family members) are not aware of the legal protections that support an individuals’ rights when residing in a nursing home facility. The month of October has been recognized as a time to address these needs and protections. To show support, the nursing home abuse and neglect attorneys at Levin & Perconti would like to review the first four residents’ legal rights outlined within the 1987 Nursing Home Reform Law in Part 1 of this Residents’ Rights Month blog series.
Four Nursing Home Rights You Need to Know
The 1987 Nursing Home Reform Law protects several rights of nursing home residents. In this post, the first four rights will be explained.
- The Right to Be Fully Informed of
- Available services and the charges for each service
- Facility rules and regulations, including a written copy of resident rights
- Address and telephone number of the State Ombudsman and state survey agency
- State survey reports and the nursing home’s plan of correction
- Advance plans of a change in rooms or roommates
- Assistance if a sensory impairment exists
- Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)
- Right to Complain
- Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
- To complain to the ombudsman program
- To file a complaint with the state survey and certification agency
- Right to Participate in One’s Own Care
- Receive adequate and appropriate care
- Be informed of all changes in medical condition
- Participate in their own assessment, care-planning, treatment, and discharge
- Refuse medication and treatment
- Refuse chemical and physical restraints
- Review one’s medical record
- Be free from charge for services covered by Medicaid or Medicare
- Right to Privacy and Confidentiality
- Private and unrestricted communication with any person of their choice
- During treatment and care of one’s personal needs
- Regarding medical, personal, or financial affairs
Please join us and use this month as an opportunity to push for the dignity, respect and the rights of those you care about who are residing in any type of long-term care facility. Our team will be sharing the remaining four residents’ rights with blog readers in a future post titled Part 2: Residents’ Rights Month.
Levin & Perconti: Illinois Nursing Home Abuse and Neglect Attorneys
Since 1992, our attorneys have been dedicated to fighting for the rights of residents in any care setting. If someone you love has been subjected to poor treatment in a nursing home, let our attorneys help find the answers. Consultations are both free and confidential. Please call us at (312) 332-2872 or complete our free online consultation request form.
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