Kentucky Nursing Home Residents Have Specific Rights—Per U.S. Law
December 1, 2012 | By Gray and White Law
Kentucky Nursing Home Residents Have Specific Rights—Per U.S. Law
If you’ve visited someone in a Kentucky nursing home and thought the residents were patronized or treated like prison inmates, you should know that a law exists that clearly states their rights. Essentially, it reaffirms their rights as citizens of this great country.
The U.S. government included residents’ rights when it enacted the Nursing Home Reform Law in 1987. The following rights of nursing home residents are therein protected:
The Right to Be Fully Informed
Nursing home residents have the right to
know what services are available and associated costs;
have a copy of the facility’s rules and residents’ rights;
know how to contact advocacy groups;
see the state inspection reports and how the facility is addressing issues;
be informed in advance of room or roommate changes;
communicate in their primary language; and
have necessary assistance if they have a speech or hearing issue.
The Right to Participate in Their Own Care
Residents have the right to
be properly cared for;
be told about changes in their health;
participate in their care plan and other aspects of their life at the facility;
refuse medication;
refuse restraints; and
have access to their medical records.
The Right to Make Independent Choices
They have the right to
make decisions regarding such issues as how they dress, what they do during free time, and what doctor they see;
have reasonable needs and wants met;
take part in community activities; and
start or join a resident advisory group.
The Right to Privacy and Confidentiality
Residents have the right to
private, unrestricted communication with self-chosen parties;
privacy during treatment and personal care; and
confidentiality regarding their personal, medical, and financial state.
The Right to Dignity, Respect, and Freedom
This includes the right to
be treated with respect;
live in the home without any form of abuse; and
self-determination.
The Right to Security of Possessions
Residents have the right to
handle their own financial affairs;
file a complaint for abuse, neglect, or misappropriation of property with the state certification agency if the facility handles their financial affairs; and
not be charged for services covered by Medicare or Medicaid.
Rights During Transfers and Discharges
Nursing home residents have the right to
stay in the facility unless
- leaving is necessary for the resident’s well-being;
- the resident does not need further nursing home care;
- the resident is a threat to the health or safety of other residents; or
- the resident has not paid within a reasonable time for a service or item that he or she requested.
be given 30 days’ notice of a planned transfer or discharge; and
be kept safe during a transfer or discharge.
The Right to Complain
This includes the right to
complain to nursing home staff and expect no retribution;
urge staff to resolve problems; and
complain to the state agency or the ombudsman.
The Right to Visits
Residents have the right to
immediate admittance by their doctors and by employees of the state agency and ombudsman groups;
immediate admittance—within reason—by relatives and other visitors approved by the resident; and
reasonable visits by representatives of health, legal, social, or other organizations.
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