Long-term care recipients are often vulnerable as they face health challenges away from their families and homes. One in three older adults has been the victim of nursing home abuse, according to Nursing Home Abuse Justice. Federal law safeguards patients’ rights and limits, and helps determine what things nursing homes are not allowed to do.
The 1987 Nursing Home Reform Act
The Federal Nursing Home Reform Act of 1987 protects residents’ rights in federally funded long-term care facilities. In addition to prohibiting abuse, the law outlines patients’ rights. These rights relate to autonomous decision-making, privacy, and information about their care. When nursing homes restrict patients’ freedoms, they violate the law.
Things Nursing Homes Are Not Allowed to Do
Nursing homes cannot:
- Withhold information from residents
- Reject and retaliate against complaints
- Prevent residents from participating in care
- Trespass upon their privacy or independent decision-making
- Bill services fraudulently
- Improperly transfer or discharge residents
- Abuse them
Withhold Information
Nursing home staff can't withhold information from patients. Facilities must keep residents informed about the care they can receive, the rules of the facility, and room changes.
- Like other residents, those with sensory impairments or who are not fluent in English deserve information about their care. A nursing home can't refuse to provide information about a room change, for instance, to a resident who is deaf.
- Facilities also violate the law when they prevent residents from accessing and reviewing their rules and regulations.
- Establishments must give residents notice before reassigning rooms.
Reject and Retaliate Against Complaints
Residents in long-term care facilities have the right to file a complaint with:
- The nursing home
- The state survey and certification agency
- The ombudsman program, which protects the rights of residents in long-term care facilities
When residents complain to long-term care facilities, the facilities can't retaliate against residents. Examples of reprisal include limiting access to services and harassing or abusing residents.
Following a complaint, the care home must respond promptly. Failing to address complaints in a timely manner can constitute a violation of the Nursing Home Reform Law.
Restrict Residents From Participating in Care
Nursing home patients have the right to engage in their own care and make health care decisions. Staff members at nursing homes can't make decisions for patients without legal authority (such as guardianship). Similarly, they cannot keep medical information from patients.
- Facilities must provide adequate and appropriate care services. A patient’s conditions can worsen because of inadequate medical treatment. This might indicate that the nursing home failed to meet the standard for resident care.
- Neglecting to inform patients of changes in their condition goes against the Nursing Home Reform Law. People getting care in a nursing home must receive updates about changes in their health. This helps to ensure that they can take appropriate action and review their options.
- Workers can't restrain residents against their will, including using drugs to sedate them.
- A nursing facility can't keep medical records from patients who have a right to review them.
Infringe Upon Residents’ Privacy
Patients have a right to privacy and a right to see and refuse visitors.
- Preventing patients from communicating with others violates their right to privacy.
- Staff can't listen in on conversations against their wishes.
- Nursing homes can't stop those receiving care from communicating privately with legal, medical, and financial professionals.
- Family, friends, physicians, and other people whom residents wish to see must have access to see them.
- Facilities can't force visits upon unwilling patients.
Bill Services Fraudulently
When nursing homes participate in Medicare and Medicaid, they can't charge patients for covered services. They also must provide information about care costs.
- Facilities can't double charge patients and Medicaid or Medicare for services these programs cover.
- Care facilities can't conceal the costs of services.
- Long-term care recipients have the right to handle their financial affairs.
Prevent Residents Making Independent Choices
Recipients of long-term care have the right to make their own decisions. Nursing homes can't usurp their decision-making power.
- Facilities must reasonably accommodate residents’ needs and preferences.
- Long-term care establishments can't prevent residents from participating in their chosen social activities.
- Nursing homes also can't force residents to use a particular doctor. Patients have the right to select their physician.
Improperly Transfer or Discharge Patients
When a nursing home transfers or discharges a patient, this can impact the patient’s health and well-being in a significant way. Improper discharges when a resident still requires care can jeopardize the patient’s health. Transfers to different facilities can take residents away from local friends and family.
- Long-term care facilities can't transfer or discharge residents needlessly.
- Nursing homes can't move or release residents without a 30 day notice.
Abuse or Disrespect Residents
People who rely on nursing homes for care deserve respect, consideration, and dignity. Sadly, abuse and neglect in nursing homes as well as assisted living facilities remains an ongoing concern nationwide.
- Care facilities can't abuse residents physically or emotionally.
- Staff can't punish patients corporally, place them in seclusion against their will, or use physical and chemical restraints.
- Nursing homes can't steal residents’ possessions.
Protect the Rights of Your Loved Ones
If you believe a long-term care facility has violated your loved one’s rights, contact your state’s long-term care ombudsman. Individuals in this role advocate for long-term care residents. Also, consider reaching out to an elder law attorney near you. Elder care attorneys can help you and your family members identify law violations and protect your rights.
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