Choosing to move into a nursing home is a significant decision often made to ensure safety and appropriate care, either temporarily or long-term. Regardless of the duration of your stay, it’s crucial to know that you retain your dignity and rights within these facilities. Understanding and exercising these rights is fundamental to maintaining your quality of life during this new chapter.
Understanding Your Rights Before Admission
Before you decide to move into a nursing home, you are entitled to clear information about several key aspects of the facility. This includes understanding all associated costs and fees, which should be disclosed upfront to avoid any surprises. Moreover, facilities should provide details about their use of Medicare and Medicaid, ensuring you know how these benefits apply to your care.
Safety is paramount, and you have the right to access the nursing home’s safety and inspection records upon request. This transparency is vital for making an informed decision about where to live.
Financial Independence
It’s important that you retain control over your finances. While you can authorize the nursing home to manage your funds, they must keep your money separate from the facility’s funds and are accountable for its safeguarding. This arrangement should be documented in writing to ensure clarity and security.
Privacy and Personal Space
Once you’re settled in, your privacy should be respected. This includes the right to private communications, such as phone calls and emails, and privacy during visits from family and friends. Nursing homes are also required to accommodate your wishes to leave the facility temporarily, provided your health condition allows it, and such outings are planned with the staff to ensure continuity of care.
Your living space is your own, and changes to your room or roommate should be communicated to you clearly. If you’re married, you have the right to share a room with your spouse, emphasizing the personal nature of your living space.
Rights to Medical Care
A personalized care plan is a cornerstone of your rights in a nursing home. This plan should outline your health care needs, dietary requirements, and any necessary medical equipment. You have the right to choose your own doctor and to access your medical records at any time. Importantly, you must consent to any medical treatment and have the right to refuse experimental procedures or medications.
The care plan should be flexible and responsive to your changing needs. If there is a decline in your health or an emergency, the facility must notify your chosen contact person and adjust your care plan accordingly.
Addressing Grievances
If you feel your rights are being compromised, it’s important to know how to voice your concerns effectively. Forming or joining a resident council can be a powerful way to address collective concerns and influence policy changes within the facility. Additionally, every state has a long-term care ombudsman program. This program is designed to advocate for your rights, investigate complaints, and promote improvements in facility policies.
Protection from Involuntary Transfer or Discharge
Nursing homes must provide a 30-day notice before any transfer or discharge unless it’s an emergency. This notice should explain the reasons for the transfer, and you have the right to appeal this decision. An appeal allows you to have a hearing where you can represent yourself or be represented by someone you trust.
Legal Resources
Should you need to challenge a decision or seek further assistance, there are legal resources available. The Legal Services Corporation provides a directory of affordable legal services to help you understand and advocate for your rights.
Conclusion
Moving into a nursing home does not mean giving up your rights. By staying informed and proactive, you can ensure that your stay in a nursing home respects your dignity and freedoms. Remember, these facilities are there to serve you and ensure your well-being. Asserting your rights is not just about maintaining independence; it’s about ensuring the respect and care you deserve at every stage of life.
