

"New nursing home residents may go through a difficult adjustment period, even if the nursing home is doing all that it can. The adjustment can be made easier with the support of family and friends. The adjustment also can be made easier by knowing about your resident rights and some special protections under the law." Resident rights for assisted living homes are basically the same.
Respect
Nursing home residents have the right to be treated with dignity and
respect. As long as it fits your plan of care, you have the right
to make your own schedule, including when you go to bed, rise in
the morning, and eat your meals. You have the right to select the
activities you would like to attend. You also may have the right
to leave the facility with relatives or friends after notifying
the staff.
Restraints
It is against the law for a nursing home to use physical and chemical
restraints, except when necessary, to treat medical symptoms. Restraints
may not be used for discipline or for the convenience of the nursing
home staff.
Restrained residents may have decreased functional ability, lower self-esteem and feel depressed or angry. Restraints do not provide security or safety. Residents also are likely to be seriously injured if they fall with a restraint on. A physician must provide medical orders for any use of restraints and give the reason why they are needed except in certain emergency circumstances.
Managing Money
You have the right to manage your own money or to pick someone you
trust to do so. If you request the nursing home to manage your personal
funds, you must sign a written statement that authorizes the nursing
home to do this for you. However, the nursing home must allow you
access to your bank accounts, cash, and other financial records.
The nursing home must protect your funds from any loss by purchasing
a bond or providing other similar assurances.
Privacy, Property, and Living Arrangements
You have the right to privacy. In addition, you have the right to
keep and use your personal property, as long as it does not interfere
with the rights, health or safety of others. Your mail should never
be opened by the home unless you allow it. The nursing home must
have a system in place to keep you safe from neglect and abuse, and
to protect your property from theft. See if there is a safe in the
facility or cupboards with locked doors in resident rooms. If you
and your spouse live in the same home, you are entitled to share
a room (if you both agree to do so).
Guardianship and Advance Directives
As a nursing home resident, you are responsible for making your own
decisions (unless you are mentally unable or have made legal arrangements
for help). You may also draw up a document called an Advance
Directive. This sometimes is called a living will because it
becomes effective while you are still alive. It is a legal document
that says what type of treatment you want or dont in case you
cannot speak for yourself.
If you wish, you may designate someone else to make health care decisions for you. This is called a Durable Power of Attorney for Health care. The person you name will become your legal guardian if you ever become incapable of making your own decisions. (In N.C., an attorney is not needed to draw up these legal documents. There is help available if you need it. Check with your local Aging Services Provider or call Triangle J Area Agency on Aging at 919-558-2707.
Visitors
You have the right to spend private time with visitors at any reasonable
hour. You have the right to make and receive telephone calls in
privacy. The nursing home must permit your family to visit you
at any time, as long as you wish to see them. You do not have to
see any visitor you do not wish to see. Any person who provides
you with health or legal services may see you at any reasonable
time.
Medical Care
You have the right to be informed about your medical condition, medications,
and to participate in developing your Plan of Care. You have the
right to examine your medical records and reports upon request. You
have the right to refuse medications or treatments, and to see your
own doctor.
Social Services
The nursing home must provide each resident with any needed social
services, including counseling, mediation of disputes with other
residents, assistance in contacting legal and financial professionals,
and discharge planning.
Moving Out
Living in a nursing home is voluntary. You are free to move to another
place. However, nursing home admission policies usually require that
you give proper notice that you are leaving. If you do not give proper
notice, you may owe the nursing home money based on the homes
proper notice rules. If you are going to another nursing home, make
sure the home has a bed for you.
Discharge nd Transfer
Whether leaving a room or the nursing home, change can be very traumatic for
residents. Nursing homes cannot discharge you unless:
Except in emergencies, the facility must give a 30 day written notice of discharge or transfer. Residents have the right to appeal a transfer to another facility. (The Ombudsmen can help you with this process.)
Rights for Family and Friends
Relatives and friends have rights too. Family members and legal guardians
have the right to privacy when visiting the nursing home when the resident
asks. They also have the right to meet with the families of other residents
and to join or address family councils.
By law, nursing homes must develop a plan of care for every resident. Family members are allowed to participate in the development of the care plan with the residents permission. Relatives who have legal guardianship of nursing home residents have the right to examine all medical records concerning their loved one and the right to make important decisions on his or her behalf.
Family and friends can make sure the resident receives good care. They visit often, know the nursing homes staff and procedures, express concerns to the right staff member, and are active in the nursing homes family council.
The section on Residents Rights was copied from the U.S. Health Care Financing Administrations "Guide to Choosing a Nursing Home". The government Medicare site also has a wealth of information on nursing homes.
The Region J Ombudsmen have interpreted these rights in practical terms for both nursing homes and adult care homes. To read these interpretations, visit our caregiver website, Full Circle of Care.
Unfortunately, sometimes a violation of these rights involves Elder Abuse.
If you believe a resident in a long-term care facility is not being treated in accordance with these rights, there is assistance available. Below are links to information on problem resolution in a long-term care facility and to the Ombudsman program. The Ombudsmen help with problem resolution in long-term care facilities.
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