The government has passed legislation that protects the rights of nursing home residents.
Usually called the Nursing Home Resident’s Bill of Rights, this legislation includes
provisions to protect residents from abuse and neglect in Florida nursing homes:
The Right to Be Informed: Nursing home residents have the right
to be informed about nursing home policies, and about their individual rights as
residents. Residents must be informed of these rights upon admittance to a nursing
home.
The Right to Choose a Physician: Residents have the right to choose
their own doctors and pharmacies. They do not have to use the nursing home’s physician
or pharmacy.
The Right to Know about Medical Conditions: Every nursing home
resident has the right to be fully informed of all medical conditions, unless the
resident’s chosen physician believes that it is not in the patient’s best interests
to be informed.
The Right to Participate in the Plan of Care: Nursing home residents
must be given the opportunity to participate in the planning of their own medical
care. This provision also gives nursing home residents the right t refuse medical
treatment.
The Right to Be Free from Abuse and Restraints: Residents have
the right to be free from mental and physical abuse, and from chemical or physical
restraints. Only a physician can authorize a restraint, in the event that there
is threat of injury.
The Right to Privacy, Dignity, and Respect: Nursing home residents
have the right to be treated with consideration, respect, and full recognition of
their dignity and individuality. This includes privacy in treatment and care for
their personal needs.
The Right to Manage Personal Finances: Residents have the right
to either manage their own funds or authorize someone else to manage them. If residents
authorize the nursing home to manage their funds, they have additional rights:
- To know the whereabouts of their funds and the account numbers
- To receive a written accounting statement every three months
- To receive a receipt for any funds spent
- To have access to their funds within seven banking days
The Right to See Visitors: Nursing home residents have the following
rights regarding visitation:
- Residents may receive any visitor of their choosing and may refuse a visitor permission
to enter their room. Residents may end a visit at any time.
- Residents have the right to immediate access by family members and reasonable access
to others.
- Eight visiting hours per day must be posted in a public place.
- Members of community organizations and legal services advocates may enter any nursing
home during visiting hours.
- Communication between nursing home residents and visitors is confidential.
- Visitors may talk to all residents and offer them personal, social, and legal services.
- Visitors may help residents claim their rights and benefits through individual assistance,
counseling, organizational activity, legal action, or other forms of representation.
The Right to Confidentiality: Residents have the right to confidentiality
of personal medical records, and the right to access those records within 24 hours
of a request.
The Right to Be Made Aware of Services and Charges: Residents have
the right to be made aware of the nursing home’s services, and of charges related
to those services. This includes charges for services not covered by the facility’s
fee, Medicare, or Medicaid.
The Right to Voice Grievance without Retaliation: Residents have
the right to voice grievances and recommend changes in nursing home policy and services
to facility staff and/or outside representation of their choice, without fear of
coercion, discrimination, or reprisal.
The Right to Organize and Participate in Groups: Nursing home residents
have the right to organize and participate in groups within the nursing home. Residents’
families have the right to gather at the nursing home with other residents’ families.
The Right to Participate in Social, Religious, and Community Activities:
Residents have the right to participate in social, religious, and community
activities that do not interfere with the rights of other nursing home residents.
The Right to Examine Reviews: Nursing home residents have the right
to examine the most recent review of the home. The government requires that nursing
homes be reviewed yearly.
The Right to Remain in the Nursing Home: Residents may only be
discharged or transferred for medical reasons, their own welfare, or the welfare
of other residents. They must be provided with a written 30-day notification of
transfer or discharge.
If you feel that your rights, or the rights of a loved one, have been compromised
by a nursing home, contact a John Bales Florida nursing home negligence attorney
today. Complete a FREE Online Consultation Form or call us toll free
1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.