Nursing homes often follow operating procedures that violate the Law and are harmful to residents.
Fortunately, Residents' Rights are guaranteed by the federal 1987 Nursing Home Reform Law.(Section 483.25 of Title 42 of the Code of Federal Regulations). The law requires nursing homes to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination.
The Reform Law's primary emphasis is that each nursing home provide the care that a resident needs to reach his or her highest level of functioning.
Some residents are capable of gaining strength and function; other residents are capable of maintaining their current condition. Still other residents at most may be able to moderate their level of decline. In all of these situations, the nursing home must provide all necessary care. This means a resident should not decline in health or well-being as a result of the way a nursing facility provides care.
Each resident is required to have a written plan of care that is prepared, with participation, of the resident, the resident's family, or legal representative.
The Reform Law also protects the rights of nursing home residents. Each resident has the right to be fully informed of available services and the charges for each service. The resident has the right to be informed of the facility rules and regulations, including a written copy of resident rights Address and telephone number of the State Ombudsman. The resident has the right to complain to Complain to staff or any other person without fear of reprisal and with prompt efforts by the facility to resolve those grievances.
Unfortunately, residents rights in Nursing Homes is a complex maze and issues often arise at very stressful times. In protecting a residents rights, the resident or resident's family member may benefit from the assistance of an attorney or other advocate.