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Solomon & Relihan nursing home abuse and neglect attorneys want nursing home residents and families to know their rights and protections and understand that they can hold a nursing home legally liable when it fails to uphold their and causes injury.
What is the Nursing Home Residents’ Bill of Rights?
The 1987 Nursing Home Reform Act guarantees nursing home residents certain rights such as adequate care, respect, promoting independence, and control over the resident’s own life. The facility’s duty is to preserve residents’ individuality, self-worth, and self-determination. All nursing homes are required to provide services and activities to maintain the highest physical and mental state of each resident according to a plan prepared with the resident, his or her loved ones, or the resident’s legal representative. If a nursing home fails to meet the federal government’s requirements to preserve and enhance residents’ rights, the facility will lose funding from Medicare or Medicaid.
If an dangerous situation arises during the course of a resident’s stay, a nursing home resident has the right to file a complaint to improve or remedy the situation. The nursing home is expected to resolve the problem quickly and with care.
If a resident or family member suspects a nursing home in Arizona has violated the state’s laws or federal regulations, they can submit a complaint with The Division of Licensing Services Office of Long Term Care Licensing.
The residents of nursing homes are entitled to receive and access information regarding their care and living situations. Nursing home residents have the right to:
Receive adequate medical care that is appropriate for the resident’s condition
- Accept or refuse visitors
- Make choices
- Be updated on any changes to his or her medical condition
- Plan and choose the type of treatment and medical care he or she receives
- Refuse chemical or physical restraints
- Access his or her medical records
- Respect and dignity
- Be treated with consideration, respect, and dignity
- Be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraint
- Receive care and benefits covered by Medicare or Medicaid free of charge
- Refuse any forms of treatment or medication he or she disapproves of
If a resident is discharged or transferred from his or her nursing home, the resident must receive a 30-day notice that includes:
- The reason for transfer or discharge
- The right to appeal the decision
A nursing home can only discharge or transfer a resident from his or her nursing home against the resident’s wishes if moving the resident from the facility is:
- Necessary to maintain or improve the resident’s health or welfare
- Necessary because the resident threatens the safety and health of staff members or other residents in the current nursing home
- Suitable after the resident’s health has reached a level of improvement that no longer requires nursing home care
- The failure of payment to the nursing home after the resident or his or her representative has received sufficient notice
Residents’ rights were designed to ensure nursing home residents are protected from abusive staff members or dangerous facility policies that could lead to a resident suffering an injury, being neglected, or their condition deteriorating.
To learn more about these rights contact Solomon & Relihan.