Old Age in a New Age: The Promise of Transformative Nursing Homes

Appendixes

  211 Appendixes A. Resident’s Rights Granted by the Nursing Home Reform Act The Right to Be Fully Informed, including: The right to be informed of all services available as well as the charge for each service; The right to have a copy of the nursing home’s rules and regulations, including a written copy of their rights; The right to be informed of the address and telephone number of the State Ombudsman, State licensure office, and other advocacy groups; The right to see the State survey reports of the nursing home and the home’s plan of correction; The right to be notified in advance of any plans to change their room or roommate; The right to daily communication in their language; The right to assistance if they have a sensory impairment. The Right to Participate in Their Own Care, including: The right to receive adequate or appropriate care; The right to be informed of any changes in their medical condition; The right to participate in planning their treatment, care, and discharge; The right to refuse medication and treatment; The right to refuse chemical and physical restraints; The right to review their medical record. 212 Old Age in a New Age The Right to Make Independent Choices, including: The right to make independent personal decisions, such as what to wear and how to spend free time; The right to reasonable accommodation of their needs and preferences by the nursing home; The right to choose their own physician; The right to participate in community activities, both inside and outside the nursing home; The right to organize and participate in a Resident Council. The Right to Privacy and Confidentiality, including: The right to private and unrestricted communication with any person of their choice; The right to privacy in treatment and in the care of their personal needs; The right to confidentiality regarding their medical, personal, or financial affairs. The Right to Dignity, Respect, and Freedom, including: The right to be treated with the fullest measure of consideration, respect, and dignity; The right to be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints; The right to self-determination. The Right to Security of Possessions, including: The right to manage their own financial affairs; The right to file a complaint with the State survey and certification agency for abuse, neglect, or misappropriation of their property if the nursing home is handling their financial affairs; The right to be free from charge for services covered by Medicaid or Medicare. Appendixes 213 Rights during Transfers and Discharges, including: The right to remain in the nursing facility unless a transfer or discharge: is necessary to meet the resident’s welfare; is appropriate because the resi­ dent’s health has improved and the resident no longer requires nursing home care; is needed to protect the health and safety of other residents or staff; is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident’s request; The right to receive notice of transfer or discharge. A thirty-day notice is required. The notice must include the reason for transfer or discharge, the effective date, the location to which the resident is transferred or discharged, a statement of the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman; The right to a safe transfer or discharge through sufficient preparation by the nursing home. The Right to Complain, including: The right to present grievances to the staff of the nursing home, or to any other person, without fear of reprisal; The right to prompt efforts by the nursing home to resolve grievances. The Right to Visits, including: The right to immediate access by a resident’s personal physician and representatives from the health department and ombudsman programs; The right to immediate access by their relatives and for others subject to reasonable restriction with the resident’s permission; The right to reasonable visits by organizations or individuals providing health, social, legal, or other services. 214 Old Age in a New Age B. Pioneer Network Values and Principles Know each person Each person can and does make a difference Relationship is the fundamental building block of a transformed culture Respond to spirit, as well as mind and body Risk taking is a normal part of life Put person before task All...