Residents living in either skilled nursing or assisted living communities have rights and protections under state and federal law that help to ensure they receive the care and services they need. Staff are inserviced on this topic annually, making it a core compliance topic. Staff must communicate these rights to their residents and families as well as provide them in written form in their language. They, too, need to communicate either verbally or in writing how residents are to act and what their responsibilities are during their stay in the care community.
Some Basic Resident Rights
Residents have the right to be treated with dignity and respect – They have the right to make their own schedule and participate in activities of their choosing. The activities should be designed to meet their needs and the needs of other residents in the care community. They also have the right to wake up when they want to, go to bed when they choose and eat their meals when they want to.
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Residents have the right to be free from discrimination – While nursing facilities do not have to accept every applicant, they must comply with Civil Rights laws that enforce that they cannot discriminate based on race, color, national origin, disability, age or religion.
Residents have the right to be free from abuse or neglect – Residents have the right to be free from any type of verbal, sexual, physical, financial, and emotional or psychological abuse or exploitation. If a resident feels that he or she has been mistreated or abused or the nursing facility isn’t meeting their needs (neglect), they can report this to multiple parties including the nursing facility, the local Long-Term Care Ombudsman, or a State Survey agency. By law, all nursing facilities must investigate and report suspected violations and any injuries of unknown origin within 5 working days of the incident to the proper authorities.
Residents have the right to be free from restraints, either physical or chemical – Nursing facilities cannot use any physical restraints, like side rails or chemical restraints, such as psychotropic medications, to discipline residents for the convenience of staff.
Residents have the right to make complaints – Residents have the right to make complaints to the staff of the nursing facility or assisted living community, or any other person, without fear of being punished. The care community has an obligation to address any complaints or issues promptly and in a timely manner.
Residents have the right to proper medical care – This is a big one. Residents have the right to be fully informed about their total health status in a language they can understand. They have the right to be fully informed about their medical condition, prescription and over-the-counter drugs, vitamins, and supplements. They also have the right to choose their doctor and to participate in care decisions and their plan of care. They have the right to access all of their records and reports. They can express grievances about their care or treatment and have the right to refuse any medication or treatment provided.
Final Words on Resident Rights in Senior Care
While there are many other resident rights (keep an eye out for Part 2), this brief article describes some of the most common and important rights that residents have while living in a senior care setting. These rights are sometimes like the air we breathe. They are critical for quality of life, but we sometimes forget they are there.
(NOTE: Interested in learning more about Healthcare Compliance? Checkout my Healthcare Compliance CEUs on CEU Academy and try a FREE CEU today!)