When you enter a nursing home, you must comply with reasonable rules of the facility and you must respect the rights of staff and other residents. However, you do not surrender your basic civil rights when you enter a nursing home. While institutional care may place limitations on your privacy and lifestyle, you should expect care that is compassionate, dignified, and high quality.
The federal Nursing Home Reform Amendments of 1987 provides the following rights to residents:
Right to information - Nursing homes must provide:
- written information about your rights, including personal funds, the right to file a complaint and how to contact the ombudsman and the state survey agency
- written information about the services included under their basic rate and any extra charges for additional services
- advance notice of any changes in room assignment or roommate
- an explanation of your right to make a health care advance directive and information about their policies on complying with advance directives
- information about eligibility for Medicare and Medicaid and the services covered by those programs
- Upon reasonable request, the facility must provide the results of the most recent survey (inspection) of the facility.
Self-determination rights - Residents have the right to:
- choose a personal physician
- be informed in advance about any changes in care and treatment which could affect resident well being
- participate in changes in care and treatment or planning care and treatment
- voice complaints about care without fear of discrimination or reprisal for voicing concerns
- participate in resident and family groups.
Personal and privacy rights - Residents have the right to:
- participate in social, religious, and community activities that do not interfere with the right of other residents
- privacy regarding accommodation, medical treatment, written and telephonic communications, visits, and meetings of family and resident groups
- confidentiality regarding medical and personal records.
Visitation rights - Nursing homes must permit immediate access to a resident:
- by personal physician and representatives from state and federal agencies, including the ombudsman program
- immediate family or other relatives, if resident consents
- by others with "reasonable" restrictions.
Involuntary transfer and discharge rights - Residents may only be transferred or discharged under the following conditions:
- the residents welfare cannot be met in the facility
- the residents health has improved so that nursing care is no longer needed
- the health and safety of individuals in the facility are otherwise endangered
- the resident has failed, after reasonable notice, to pay for care
- the facility ceases to operate.
Protection against Medicaid discrimination - Nursing homes that participate in the Medicaid program must:
- have identical policies and practices regarding services to residents regardless of the source of payment
- provide information on how to apply for Medicaid
- not require a third-party guarantee of payment to the facility
- in case of a Medicaid recipient, not charge, solicit, accept, or receive gifts, money, donations or other considerations as a precondition of admission or continued stay in the facility
- not require, request, or encourage residents to waive rights concerning Medicaid.
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