Resident Rights in a Nursing Home

Posted March 31st, 2010 by Elder Law Solutions and filed in Medicaid
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     In 1987, Congress enacted the Nursing Home Reform Law that has been incorporated into the Medicare and Medicaid regulations.  The law gives residents a number of specific rights, including:

  • Residents have the right to be free of unnecessary physical or chemical restraints.

  • Facilities must inform residents of the name, specialty, and means of contacting the physician responsible for the resident’s care.  Residents have the right to participate in care planning meetings.

  • At the time of admission and during the stay, nursing homes must fully inform residents of the services available in the facility, and of related charges.

  • Residents may bring personal possessions to the nursing home, such as clothing, furnishings and jewelry.

  • Nursing home residents may not be moved to a different room, a different nursing home, a hospital, back home or anywhere else without advance notice, an opportunity for appeal and a showing that such a move is in the best interest of the resident or necessary for the health of other nursing home residents.

  • Residents have the right to gain access to all his or her records within one business day, and a right to copies of those records at a cost that is reasonable in that community

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