Nursing Home Neglect
A Resident’s Rights
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According to the Nursing Home Reform Act of 1987, all nursing home residents are entitled to receive quality care and live comfortably in an environment that improves and/or maintains the quality of their physical and mental health. Abuse and neglect are not something nursing home occupants should expect. It is a criminal act, and whether inside or outside of a facility should not be overlooked. The following information provided should help you gain a better understanding of your or a loved one’s rights in a nursing home establishment.
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1987 Nursing Home Reform Law....
This law requires Nursing Homes to “promote and protect the rights of each resident” and to care for its residents in a manner that encourages and enhances the resident’s quality of life. The law places a strong emphasis on individual dignity, choice and self-determination. The bottom line, nursing home care providers should not decline a resident in health needs or well-being.
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The following is some of the information in which may highlight that of which the 1897 Nursing Home Reform Law protects:
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The Right to be fully informed of:
q Available services and the charges of each service
q Facility rules and regulations, including a written copy of resident rights
q Address and telephone number of the State Ombudsman and state survey agency
q State survey reports
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The Right to complain:
q The confidence to present grievances to staff of personnel without fear or reprisal and prompt efforts by the facility to resolve such.
q Filing a complaint to the state survey and your local ombudsman
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The Right to participate in one’s own care:
q Receiving adequate and appropriate care
q Being informed of all changes in medial conditions
q Review one’s medical record
q Refuse medications and treatment
q Refuse chemical and physical restraints
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The Right to Privacy and Confidentiality
q Private and unrestricted communication
q Regarding any medical, personal or financial affairs
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The right to dignity, Respect, and freedom
q To be treated with consideration, respect and dignity
q To be free from mental and physical abuse, punishment, involuntary seclusion, and physical or chemical restraints
q Security of possessions
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q By a personal physician and representatives from the state survey and ombudsman programs
q By relatives, friends and others of the residents choice
q By organizations or individuals providing health, social, legal or other services
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The Right to make independent choices
q Make personal decisions, such as what to wear and how to spend free time
q Participation in community activities, both inside and outside the nursing home
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For more information please visit http://www.nccnhr.org