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Residents Rights

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Nursing homes receiving federal funds must comply with federal legislation that requires a high quality of care be given to all residents. In response to the widespread neglect and abuse being reported in nursing homes, the Nursing Home Reform Amendments of OBRA 1987 (Omnibus Budget Reconciliation Act) require that all nursing facilities protect the rights of all of their residents. Nursing homes must display the rights of the residents in their facility.

The state must conduct inspections of nursing homes that participate in Medicare and/or Medicaid at least once a year. If the nursing home is found to have problems, the state has the right to inspect more often. The state must also investigate any and all complaints regarding nursing homes. The inspection must include all aspects of the resident’s care, interaction between residents and staff, and the environment of the nursing home. A select number of residents and their family members must be interviewed regarding the quality of life and care the nursing home is providing. Caregivers and staff must be interviewed along with a review of clinical records.

The rights of the residents include the following:

• Upon being admitted to the facility, each resident must be fully evaluated as to their ability to walk, talk, eat, dress, bathe, and understand and communicate with others.
• A plan must be prepared to maintain and possibly improve the resident’s condition upon arrival.
• Each resident must be treated with dignity and respect.
• There must be protection of the resident’s money and possessions.
• Residents must be allowed visitors.
• Residents must be allowed to participate in groups and activities.
• You must be given a written contract regarding fees and services before entering the nursing home.
• Residents have the right to choose their own doctors or if they cannot do so, the nursing home’s medical director must help them find one.
• Residents have a right to be kept informed about treatment and have the right to refuse treatment if they so desire.
• Residents have a right to privacy and a right to file any type of complaint without the fear of reprisal.
• Residents have the right to refuse physical and chemical restraints.

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