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Nursing
Home Resident’s Rights
-from the APE
All facilities must insure and protect the rights
of every resident and provide a clean, healthy, attractive
environment. Residents are entitled to treatment regardless
of race, color, religion, national origin, ability
to pay, or source of payment. Every resident has the
right to request the name and function of all individuals
providing them service and the identification of other
health care facilities, nursing homes, hospitals,
and other institutions that may provide them with
services.
Under federal regulations, all nursing homes
are required by law to have written policies called
the Nursing Home Resident's Bill of Rights, which
describe the rights of the residents. Nursing homes
are required by law to make these policies available
to any resident who requests them.
The Nursing Home Resident's Bill of Rights should
include and define (but not be limited to) the following
rights:
- The Right to be Informed of Your Rights and the
Policies of the Home
- The nursing home must have written policies about
your rights and responsibilities as a resident.
You must sign a statement saying that you have received
and understood these rights and the rules of the
home when you are admitted. As a resident, you have
the right to be fully informed before or at admission
of your rights and responsibilities as a resident
and to be notified of any changes or amendments
to those rights and responsibilities,
- The Right to be Informed about the Facility's
Services and Charges
- Every resident has the right to be fully informed
of the services available in the facility and of
the charges related to those services. These charges
include services not covered under Medicare or Medicaid
and charges that are not covered in the facility's
basic rate.
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Every resident has the right to receive medical
care, nursing care, rehabilitative and restorative
therapies, and personal hygiene in a safe, clean environment.
Also, residents have the right to be fully informed
of his/her medical condition unless the physician
indicates in the medical records that it is not in
the best interest of the patient to be told. Residents
have the right to be advised by a physician or appropriate
professional staff of alternative courses of care
and treatments and their consequences.
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Residents must be given the opportunity to participate
In the planning of their medical treatment. Residents
have the right to refuse treatment and to refuse to
participate in experimental research.
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Every resident has the right to choose his/her
own physician and pharmacy. Residents do not have
to use the nursing home's physician or pharmacy.
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Residents have the option to manage their funds
or to authorize someone else to manage them. If someone
else is authorized to handle a resident's funds, the
resident has the right to:
- Know where the funds are and the account number(s)
- Receive a written accounting statement every 3
months
- Receive a receipt for any funds spent
- Have access to his/her funds within 7 banking
days
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Every resident has the right to be treated
with consideration, respect, and dignity in full recognition
of his/her individuality. This includes privacy during
medical treatment and care of personal needs. People
not involved in the care of the resident should not
be present during examinations and treatment without
consent from the resident.
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Every resident has the right to retain and
use his/her personal clothing and possessions as space
permits, unless doing so infringes upon the rights
of other residents or constitutes a safety hazard.
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Residents have the rights to be free from mental
(humiliation, harassment, and threats of punishment
or deprivation) and physical (corporal punishment
and the use of restraints as punishment) abuse. Residents
also have the right to be free from chemical and physical
restraints unless authorized in writing by a physician
for a specified and limited time period or when necessary
to protect the patient from injury to him/herself
or to others.
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Every resident should be encouraged and assisted
to exercise his/her right to voice grievances and
recommend changes in policies and services to facility
staff and/or outside representatives of his/her choice
without fear of coercion, discrimination, or reprisal.
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Residents may only be discharged or transferred for
medical reasons or for his/her welfare or that of
other residents. Residents must be provided with a
written notice 30 days prior to transfer or discharge.
The law provides residents the right to appeal discharge
or transfer.
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Residents may receive any visitor of their choice
and may refuse visitors to enter their room or may
end a visit at any time. Residents have the right
to immediate access by family and reasonable access
to others. Visiting hours must be at least 8 hours
and be posted in a public place. Members of community
organizations and legal services may enter any nursing
home during visiting hours. Communication between
the resident and visitors are confidential. Visitors
may talk to all residents and offer them personal,
social, and legal services. Visitors may help residents
claim their rights and benefits through individual
assistance, counseling, organizational activity, legal
action, or other forms of representation.
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NursingHomeReports.Com can help you choose a suitable
and caring environment for your loved ones. Ratings
and comparative information is provided. http://www.nursinghomereports.com/index.html
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