Residents have rights and the rights of residents, are just as powerful as human rights or the bill of rights. Federal law governs long term care residents' rights sometimes referred to as residents' bill of rights. Federal law governs residents' rights in all long term care facilities (nursing homes, adult family homes, boarding homes and veterans' homes). Federal law mandated the long term care ombudsman to protect residents' rights or residents' bill of rights in all long term care facilities.
The institutional setting and the residents' disability often results in a loss of dignity, loss of rights, and the absence of quality care. Long term care residents' rights are no lesser rights than anyone else's whether living in a long term care facility or living at home. Residents have the right to be free of unnecessary physical or chemical restraints, the right to get up and go to bed when they choose, the right to eat or not, and the right to take medication or not. The resident's bill of rights protects the residents’ quality of life and care.
Residents have rights in all long term care facilities, and the rights of residents are guaranteed. Long term care residents' rights are vital to all residents, without resident's rights in long term care facilities there would be much more abuse, neglect and poor care. Residents' rights in nursing homes, adult family homes, boarding homes and veterans' homes protect the residents’ health, safety, and welfare.
The resident council and family council also play an important part in promoting and protecting residents' right in long term care facilities. Far too often the rights of residents in nursing homes, adult family homes, boarding homes, and veteran's homes are violated. The residents' rights bill protects residents' rights in long term care facilities.
In 1987 Congress enacted the Nursing Home Reform Law that has since been incorporated into the Medicare and Medicaid regulations. Long term care residents' rights in its broadest terms, requires that every long term care resident be given whatever services are necessary to function at the highest level possible. The law gives residents a number of specific rights:
• Residents have rights; the rights of residents are to be free of unnecessary physical or chemical restraints. Vests, hand mitts, seat belts and other physical restraints, and antipsychotic drugs, sedatives, and other chemical restraints are impermissible, except when authorized by a physician, in writing, for a specified and limited period of time.
• To assist residents, facilities must inform them of the name, specialty, and means of contacting the physician responsible for the resident's care. Residents' rights provide the resident the right to participate in care planning meetings.
• When a resident experiences any deterioration in health, or when a physician wishes to change the resident's treatment, the facility must inform the resident, and the resident's physician, legal representative or interested family member.
• The residents have rights the right to gain access to all his or her records within one business day, and a right to copies of those records at a cost that is reasonable in that community. The facility must explain how to examine these records, or how to transfer the authority to obtain records to another person.
• The facility must provide a written description of legal rights, explaining state laws regarding living wills, durable powers of attorney for health care and other advance directives, along with the facility's policy on carrying out these directives.
• At the time of admission and during the stay, nursing homes must fully inform residents of the services available in the facility, and of related charges. Nursing homes may charge for services and items in addition to the basic daily rate, but only if they already have disclosed which services and items will incur an additional charge, and how much that charge will be.
• The resident has a right to privacy, which is a right that extends to all aspects of care, including care for personal needs, visits with family and friends, and communication with others through telephone and mail. Residents thus must have areas for receiving private calls or visitors so that no one may intrude and to preserve the privacy of their roommates.
• Residents have the right to share a room with a spouse, gather with other residents without staff present, and meet state and local nursing home ombudsperson or any other agency representatives. They may leave the nursing home, or belong to any church or social group. Within the home, residents have a right to manage their own financial affairs, free of any requirement that they deposit personal funds with the facility.
• Residents also can get up and go to bed when they choose, eat a variety of snacks outside meal times, decide what to wear, choose activities, and decide how to spend their time. The nursing home must offer a choice at main meals, because individual tastes and needs vary. Residents, not staff, determine their hours of sleep and visits to the bathroom. Residents may self-administer medication.
• Residents may bring personal possessions to the nursing home such as clothing, furnishings and jewelry. Residents may expect staff to take responsibility for assisting in the protection of items or locating lost items, and should inquire about facility policies for replacing missing items. Residents should expect kind, courteous, and professional behavior from staff. Staff should treat residents like adults.
• Nursing home residents may not be moved to a different room, a different nursing home, a hospital, back home or anywhere else without advance notice, an opportunity for appeal and a showing that such a move is in the best interest of the resident or necessary for the health of other nursing home residents.
• The resident has a right to be free of interference, coercion, discrimination, and reprisal in exercising his or her rights. Being assertive and identifying problems usually brings good results, and nursing homes have a responsibility not only to assist residents in raising individual concerns, but also to respond promptly to those concerns.
Below are nine senior care options that cover care facilities, independent living, and in-home care. Under each option, there is a short description outlining the care or service of the care option. Select the option that you feel best suits the needs of your loved one. If you're not sure, don't worry. It can be changed as you go through the process. Now that you have selected your care option-click the link "Select this option."
As you complete the form, please read it carefully. The information you provide the facility or care agency is key to a successful placement. Note, if you don't have your loved one's physician's report, just put their diagnosis as you believe it to be. Also, make sure their monthly care budget is what you have selected. In the comments box, enter any information you think would be helpful to the facility or care agency — Submit the form.
If you requested the facilities or care agencies to call you, expect up to four calls over the next twenty-four hours. They will answer any questions you may have about your loved one's care needs. From that point, if you are satisfied, you can set up a tour with one or all of them. Be prepared with a physician's report during the visit so that you can have an idea of the cost of care. If you choose to go forward after your visit, the facility will set up a time to assess your loved one.
Adult day care centers focus on social interaction with adults and older persons. Adult day health care (ADHC) provides day care to adults with chronic medical conditions. Use our adult day care center placement and referral agency to find adult day care centers.Select this option
Assisted living facilities provide seniors more companionship and some assistance in day-to-day living. Assisted living facilities come in all sizes. Our assisted living facility placement and referral agency will help seniors find the right private pay assisted living community.Select this option
Continuing care communities are a combination of memory care facilities, nursing homes and assisted living facilities. CCRC's are owned by private companies and staffed to provide a "continuum of care". There are three basic types of contracts for care in a CCRC.Select this option
Hospice care is more than a place of care, hospice is a unique kind of care for people with advanced illnesses. Hospice care is a specialized care that accepts dying as the final stage of life. Use our hospice care facility placement and referral agency to find hospice care facilities.Select this option
Independent living is simply any housing arrangement designed for seniors, generally those aged 55 and over. These communities are for seniors who need no care. Use our independent living community placement and referral agency to find independent living.Select this option
Home care and in-home care are sometimes referred to as home health care, home health and private duty. Our home care placement and referral agency will help clients find in-home care, home care, home health care and private duty home care close to you.Select this option
Memory care is a term that refers to specialized care provided by some facilities to help elder/seniors and other individuals affected by memory impairment. Use our memory care facility placement and referral agency to find private pay memory care facilities.Select this option
Residential Care Homes are also known as adult family homes, adult family care homes, care homes, residential care facilities and personal care homes. Our residential care home placement and referral agency will help seniors find the appropriate senior care home.Select this option
Skilled nursing facilities are normally the highest level of care for older adults outside of a hospital. Nursing homes provide custodial care, which includes getting in and out of bed. Use our skilled nursing facility placement and referral agency to help you find the right facility.Select this option