Essential Residents Rights
Residents
of nursing homes have rights under both federal and state law. Nursing homes are required to inform residents of these rights and protect and promote their rights. If a resident
is incapable of exercising his or her rights, the person designated
by law, such as conservator or attorney-in-fact, or in most
cases, the next of kin, or representative payee, may exercise
these rights.
Dignity and Privacy
The resident has the right to:
Free Choice and Participation
The resident has the right to:
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Refuse to perform services for the facility.
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Choose activities and schedules consistent with his or
her interests and care plan and to receive services with
reasonable accommodation of individual needs and preferences.
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Participate in resident groups and in activities of social,
religious and community groups.
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Communicate with persons of one's choice inside or outside
of the facility.
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Retain and use personal clothing and possessions as space
permits if it doesn't infringe upon the rights or health
and safety of other residents.
Access and Visitation
The
resident has the right and the facility must provide subject
to the resident's right to deny or withdraw consent at any
time immediate access to any resident by:
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Immediate family or other relatives of the resident.
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Others who are visiting with the consent of the resident,
subject to reasonable restrictions.
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The facility must provide reasonable access to any resident
by any entity or individual that provides health, social,
legal or other services to the resident.
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If a resident is married, he or she and their spouse
must be assured privacy and to be able to share a room
if both are residents in the facility and both agree to
the do so.
Grievances
The resident has the right to:
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Exercise rights, voice grievances, and recommend changes
in policies and services to facility staff and/or outside
representatives of the resident's choice, free from restraint,
interference, coercion, discrimination or reprisal.
-
Prompt efforts by the facility to resolve grievances
the resident may have, including those having to do with
other residents.
Condition and Treatment
The resident has the right to:
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Be fully informed by a physician of his or her total
health status and to be afforded the opportunity to participate
on an immediate and ongoing basis in the total plan of
care.
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Be fully informed in advance about care and treatment
and of any changes in care or treatment that may affect
the resident.
-
Participate in planning care and treatment or changes
in care or treatment unless adjudged incompetent or otherwise
found to be incapacitated under State law.
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Self-administer medications unless doing so would be
dangerous.
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Choose a personal attending physician.
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To consent to or refuse any treatment or procedure or
participation in experimental research.
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To receive all information that is material to his or
her decision concerning whether to accept or refuse any
proposed treatment or procedure.
Protection of Resident Funds
The resident has the right to:
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Manage his or her financial affairs. The facility may
not require residents to deposit their personal funds
with the facility although a resident can if he or she
so desires.
-
Have funds entrusted to the facility held separately
from the funds of the facility and from those of other
residents, and have an accurate accounting of those funds.
Funds over $100 must be held in an interest-bearing account.
-
Be informed when the amount in the resident's account,
if managed by the facility, reaches the $2000 Medi-Cal
resource limit which may cause the resident to be disqualified
from Medi-Cal.
Transfer and Discharge
The resident has the right to be transferred or discharged
only if:
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He or she has recovered to the point of not needing nursing
home care.
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It is necessary for the resident's welfare and her/his
needs cannot be met in the facility.
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The health or safety of others is endangered.
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He or she has failed to pay for care.
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The facility ceases to operate.
Chemical and Physical Restraints
and Abuse
The resident has the right to:
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Be free from verbal, sexual, physical, and mental abuse,
corporal
punishment, and involuntary seclusion.
-
Be free from any physical or chemical restraints; either
psychotherapeutic or antipsychotic drugs imposed for purposes
of patient
discipline or staff convenience which are not required
to treat the
resident's medical symptoms, except in an emergency which
threatens to bring
immediate injury to the resident or others.
-
Based on a comprehensive assessment of a resident, the
facility must ensure that:
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Residents who have not used antipsychotic drugs are
not given these drugs unless antipsychotic drug therapy
is necessary to treat a specific condition.
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Residents who use antipsychotic drugs receive gradual
dose reductions or behavioral programming in an effort
to discontinue these drugs, unless clinically contraindicated.
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The facility must ensure that each resident's drug
regimen is free from unnecessary drugs.
Resident Records
The resident has the right to:
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Personal privacy and confidentiality of his or her personal
and
clinical records.
-
Review all records pertaining to the resident upon oral
or
written request within 24 hours, and to purchase photocopies
of these records with two days advance notice.
-
Approve or refuse release of records to any individual
or agency
outside the facility except when transferred or required
by law.
