Elder Law
Federal regulation of nursing homes came in 1965 when Medicare
and Medicaid were created. In 1967, Congress authorized the
first set of standards that were to be met by nursing facilities
and created classifications for the Skilled Nursing Facilities
and Intermediate Care Facilities that were updated in 1980
and again in 1987. Elder law requires nursing homes promote
and protect the rights of every nursing home resident. These
are some of the highlights of sections of elder law.
Quality of Life and
Elder Law
The Nursing Home Reform Act requires each nursing home to
care for its residents in such a manner and in such an environment
as will promote maintenance or enhancement of the quality
of life of each resident. This statement highlights an emphasis
on dignity, choice, and self-determination for nursing home
residents.
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Providing Services
and Activities
Each nursing home is required to provide services and activities
to attain or maintain the highest practicable physical, mental,
and psychosocial well-being of each resident in accordance
with a written plan of care which . . . is initially prepared,
with participation to the extent practicable of the resident,
the resident's family, or legal representative. This means
that a resident should not decline as a direct result of the
nursing facility's care.
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Specific Rights in
Elder Law
The Nursing Home Reform Act also grants nursing home residents
these specific rights:
- The Right to Be Fully Informed, including:
- The right to be informed of all services available as
well as the charge for each service
- The right to have a copy of the nursing home's rules and
regulations, including a written copy of their rights
- The right to be informed of the address and telephone
number of the State Ombudsman, State licensure office, and
other advocacy groups
- The right to see the State survey reports of the nursing
home and the home's plan of correction
- The right to be notified in advance of any plans to change
their room or roommate
- The right to daily communication in their language
- The right to assistance if they have a sensory impairment
The Right to Participate in Their Own Care, including:
- The right to receive adequate or appropriate care
- The right to be informed of any changes in their medical
condition
- The rght to participate in planning their treatment, care,
and discharge
- The right to refuse medication and treatment
- The right to refuse chemical and physical restraints
- The right to review their medical record
The Right to Make Independent Choices, including:
- The right to make independent personal decisions, such
as what to wear and how to spend free time
- The right to reasonable accommodation of their needs and
preferences by the nursing home
- The right to choose their own physician
- The right to participate in community activities, both
inside and outside the nursing home
- The right to organize and participate in a Resident Council.
The Right to Privacy and Confidentiality, including:
- The right to private and unrestricted communication with
any person of their choice
- The right to privacy in treatment and in the care of their
personal needs
- The right to confidentiality regarding their medical,
personal, or financial affairs
The Right to Dignity, Respect, and Freedom, including:
- The right to be treated with the fullest measure of consideration,
respect, and dignity
- The right to be free from mental and physical abuse, corporal
punishment, involuntary seclusion, and physical and chemical
restraints
- The right to self-determination
The Right to Security of Possessions, including:
- The right to manage their own financial affairs
- The right to file a complaint with the State survey and
certification agency for abuse, neglect, or misappropriation
of their property if the nursing home is handling their
financial affairs
- The right to be free from charge for services covered
by Medicaid or Medicare
Rights During Transfers and Discharges, including:
- The right to remain in the nursing facility unless a transfer
or discharge: is necessary to meet the resident's welfare;
is appropriate because the resident's health has improved
and the resident no longer requires nursing home care; is
needed to protect the health and safety of other residents
or staff; is required because the resident has failed, after
reasonable notice, to pay the facility charge for an item
or service provided at the resident's request
- The right to receive notice of transfer or discharge.
A thirty-day notice is required. The notice must include
the reason for transfer or discharge, the effective date,
the location to which the resident is transferred or discharged,
a statement of the right to appeal, and the name, address,
and telephone number of the state long-term care ombudsman
- The right to a safe transfer or discharge through sufficient
preparation by the nursing home
The Right to Complain, including:
- The right to present grievances to the staff of the nursing
home, or to any other person, without fear of reprisal
- The right to prompt efforts by the nursing home to resolve
grievances
The Right to Visits, including:
- The right to immediate access by a resident's personal
physician and representatives from the health department
and ombudsman programs
- The right to immediate access by their relatives and for
others subject to reasonable restriction with the resident's
permission
- The right to reasonable visits by organizations or individuals
providing health, social, legal, or other services
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