Outside of a hospital, a nursing home is usually the greatest
degree of care for older persons. Nursing homes provide
custodial care, which includes support with getting in and out
of bed as well as eating, cleaning, and clothing. Nursing homes,
on the other hand, vary from other elder housing facilities in
that they also provide the highest standard of medical
treatments. Each patient's care is overseen by a licensed
physician, and a nurse or other medical expert is almost always
present. Skilled nursing care is normally available on-site 24
hours a day. Medical specialists are also accessible, such as
occupational or physical therapists. This enables on-site
medical procedures and therapies that wouldn't be possible in
other types of housing.
Residents' Rights
The federal nursing home reform act of 1987 guarantees
residents' rights. Personal dignity and self determination are
highly emphasized in the law, which mandates nursing facilities
to support and safeguard each resident's rights. Nursing homes
that accept Medicare or Medicaid must comply with federal
resident rights regulations. Residents' rights in nursing homes,
senior care homes, licensed assisted living facilities, and
other board and care homes are protected by state law or
regulation in various states. A person in a long term
residential institution has the same rights as anyone else in
the association.
Nursing Home Patient’s Rights
Federal law empowers
nursing home patients to
make decisions with respect to their medical treatment and
personal care.
Federal law guarantees the following:
-
The right to share in the
preparation of care as well as the right to reject such
services. A nursing home resident requires a personalized care
plan. Patients in nursing homes (or their representatives) may
help improve this vital aspect of patient care.
-
The right to privacy, as
well as the right to be treated with respect and dignity.
Patients in nursing homes are free to associate with whomever
they want. Mates, colleagues, judges, and patient attorneys
are all examples of this. Patients in nursing homes have the
right to privacy while interacting with visitors. Patients in
nursing homes have the right to open their own mail unless
otherwise requested. Where appropriate, nursing home workers
should use curtains or private areas to maintain privacy when
bathing, toileting, and administering medical treatments.
-
The right to have one's
own doctor and/or pharmacy. Even though many nursing homes are
set up to provide treatment in a "one size fits all" manner,
patients should have the right to choose their own physician
and pharmacy.
-
The right to be free of
encumbrances. Physical and medication restrictions are only
allowed if a physician orders them and the patient or their
caretaker agrees. Restraints should also only be used where
they are absolutely required to protect the person or other
patients from damage or injury.
-
The right to know about
the policies and practices of a nursing home. Each nursing
home must have policies and procedures in place regarding
patient care and expectations. A facility can provide you with
a copy of such policies if you ask for one.
-
The right to know about
medical treatment and conditions. Nursing homes are required
to inform each patient's or caregiver about their medical
condition and the treatment that will be given. Nursing homes
must notify all decision makers when and if there is a shift
in treatment.
-
The right to know what
facilities. The facility offers and how much those services
cost. Nursing homes must educate all patients of the
particular services they offer, and the fees associated with
those services.
-
The right to be free of
all forms of violence, including physical, neglect, and
loneliness. Nursing homes are required to have the highest
quality of treatment possible. Obviously, this entitles
patients to a comfortable life free of all forms of physical
and emotional violence.
-
The right to remain in a
nursing home as long as the facility is capable of meeting
patient needs, payments are received on time, and the facility
remains operational. In other words, nursing homes are not
allowed to discharge patients for no reason. Nursing homes
must have a justification for discharge or relocation to
properly discharge patients. Patients have the right to appeal
the nursing home's decision if they disagree with the
rationale.
-
The right to openly
express one's dissatisfaction with medical treatment. Nursing
homes are prohibited from retaliating against patients who
file a complaint about their care or treatment.