Nursing home residents have the same rights as everyone else.
Placing a loved one in a nursing home is a difficult decision. A family member may need more care and attention than family members can give, but that does not mean the family member is bed-ridden or incompetent. According to the Centers of Medicare and Medicaid Services, nursing home residents have certain rights while living in a nursing home. These rights are protected by the Medicare program, federal and state laws.
Finances
Nursing home residents are entitled to manage their own finances or allowed to designate an individual or organization to manage their finances on their behalf. Medicare guidelines dictate that periodic financial reviews should include the resident, and all financial decisions are made by the resident or his representative. If a resident has money on the facility's premises, the resident's account is kept separate from the facility's account, and the resident has access to his funds at all times.
Right to Privacy
According to Medicare stipulations, nursing home residents are permitted to bring and use personal property to the nursing home, provided the property or its use does not infringe on other residents' privacy or rights or cause a safety issue. Residents can send and receive mail, and the staff is prohibited from refusing to post or opening and examining the contents of a resident's mail without the permission of the resident. Residents have the right to make and receive personal phone calls and to enjoy these calls in private.
Costs
Written disclosure of all fees and services is required before the resident enters the nursing home. For example, the per day resident fees, prescription fees and fees for meals, activities and trips are detailed on the agreement. A listing of services such as laundry and transportation is required as well. A facility is prohibited from charging an admissions or entry fee if the resident's bill is paid through Medicare or Medicaid. Also, facilities are required to inform residents of any changes in fees before they take place.
Respect and Abuse
Residents are entitled to dignified and respectful treatment at the nursing home facility. Residents are allowed to make their own schedules, choose the activities in which they want to participate, determine when they prefer to eat meals and decide when they want to sleep. Abuse of any sort is not tolerated. If a resident feels he is being disrespected, he should report the abuse and the perpetrator of the abuse to family members, the nursing home management staff, Medicare or local authorities.
Diagnosis and Treatment
A residents have the right to full disclosure regarding his medical condition and the treatment plan proposed in simple language the resident can understand. Residents can refuse treatment or request a second opinion regarding a diagnosis or treatment plan. A resident has the right to see her own doctors and self-administer her medications, as long as the procedure is deemed safe by both the resident's physician and the facility staff.
Failure To Comply
Nursing home facilities that accept Medicare patients are legally obligated to follow Medicare's regulations concerning residents' rights. Noncompliant facilities can be fined, prohibited from accepting Medicare residents or, in the most sever cases, shut down, either temporarily or permanently.
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