Nursing home facilities are required by federal and state laws and regulations to promote and protect the rights of their residents. This does not always happen, unfortunately, often leading to nursing home abuse and neglect. According to the 1987 Nursing Home Reform Amendments, nursing homes are required to give each new resident a copy (and display for all to see) the Nursing Home Reform Amendments in the facility. What follows is a brief overview of these rights.
Residents have the right to choose their own doctor(s) and to participate in the planning of their own care and treatment. Residents also have the right to report any grievances about their care, or lack of, without fear of reprisal. The facility is obligated to give prompt response to any such grievances. Residents are also free to organize and participate in resident advocacy groups within the facility that may include family members and other non-residents.
Residents have the right to privacy regarding their accommodations, medical treatments, personal visits, and communications. This extends to all written, telephone, web-based or any other form communication. Residents may organize or participate in any social, religious, or community activities of their choosing. Residents also have the right to confidentiality of all medical or other personal records.
Freedom from Abuse and Restraints
Chemical or physical restraints may only be used as ordered by a physician to treat a patient or to protect the safety of the patient or the safety of others. Residents have the right to be free from any physical or mental abuse, involuntary seclusion, corporal punishment, or other disciplinary use of chemical or physical restraints.
Find out What to Do if You Suspect Abuse.
Residents have the right to immediate visits from personal physicians, ombudsmen, attorneys, family members, or anyone else the resident permits subject to "reasonable restriction."
Residents have the right to control their own finances, free from intimidation, reprisal, or exploitation.
If you live in the Arizona area, reside in a nursing home, and believe your residents’ rights are being violated, or if you have further questions about your rights, please contact the experienced nursing home abuse and neglect attorneys at Cullan & Cullan today to arrange your no-cost, confidential consultation.