Under federal and state law, individuals residing in skilled nursing facilities across the country, have many rights as well as responsibilities. These rights are meant to ensure that residents receive the care and services they need. In parts 1 and 2 of this series, many resident rights have been explored and explained. This final part will review the remaining rights held by those receiving skilled care.
Residents have the right to spend time with visitors. Residents in skilled care facilities maintain the right to spend private time with any visitors they choose as well as have visitors any time of the day. Of course, this holds true as long as the resident wishes to have visitors and as long as the visits do not interfere with the provision of care and privacy rights of other residents. This again, provides an example of resident rights and responsibilities.
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Residents have the right to social services. This one I know rather well due to the career of my wife, Anabel, who has been a licensed social worker for 30 years and the director of social services at several skilled nursing facilities. Residents have the right to see any person who provides help or assistance with the resident’s physical or mental health, legal assistance, or other services required at any time. This includes the resident’s physician, a representative from the health department, the local long-term care ombudsman and others.
The facility must also provide residents with any needed social services including:
- Counseling
- Help solving problems with other residents
- Help in contacting financial professionals
- Discharge planning
Residents have the right to leave the nursing facility. The resident has the right to leave for visits outside of the facility. If their health allows and their doctor agrees, they can spend time with family or friends during the day or overnight. This is known as a “leave of absence”. It is best to plan for these outings with nursing staff so they can prepare medications and written instructions for the resident and family to follow during their visit.
A special note to this right – if nursing care is covered by certain health insurance, the resident may not be able to leave for visits without losing coverage. In this case, the resident and their representative as well as the social worker, director of nursing and administrator should make this clear before planning to leave the facility for a visit.
The resident also has the right to move out of the facility, as it was their choice to live there in the first place. Perhaps they are well enough to go home or wish to move to another skilled facility. The facility most likely has a policy regarding this transition, and the resident maintains the responsibility to communicate his or her wishes to move. If the resident doesn’t provide this information, he or she may be liable to pay additional fees.
The right to protection against unfair transfer or discharge. Similar to the right to leave, residents cannot be sent to another nursing facility or made to leave unless:
- It is necessary for their health and well-being
- It is necessary for the safety of other residents
- Nursing care is no longer necessary
- The facility hasn’t been paid
- The nursing facility closes
Residents have the right to participate in resident groups. Residents have a right to form or participate in resident groups to discuss issues and concerns about the nursing facility’s policies and operations. Most facilities have a “Resident Council” where residents have the space to hold meetings, voice their concerns, act upon grievances and make recommendations to the facility’s leadership.
Residents have the right to have family and friends involved. Family and friends are allowed and encouraged to help make sure the resident is receiving proper care and services. They can visit and form relationships with the staff and get to know their policies and rules of the facility. Family members and legal guardians may meet with the families of other residents and may participate in “Family Councils” if they wish. Family members can also help with the resident’s plan of care and provide needed feedback and history. If the family member or friend is the resident’s legal guardian, he or she has the right to examine medical records and make important decisions on the resident’s behalf.
(NOTE: Interested in learning more about Healthcare Compliance? Checkout my Healthcare Compliance CEUs on CEU Academy and try a FREE CEU today!)