Understanding the Nursing Home Residents' Bill of Rights

By Joshua P. Myers

They are called by many names: nursing homes, skilled nursing facilities, convalescent homes, and rest homes. They are places of medical care for thousands of Americans, both young and old, who need residential care but cannot provide it for themselves. That includes the elderly as well as people of all ages who have physical or mental disabilities that cannot be cared for in their own homes. Sometimes, as in the case of a young person who has suffered physical damage and needs a period of rehabilitation, a stay in a nursing home facility may last only a few weeks or a few months. In other cases, such as an elderly person who is unable to care for him/herself alone or someone who has Alzheimer's disease, the stay in a nursing home may be permanent.

There are many types of nursing homes throughout the United States, and the quality of care is not always the same. In general, most of these facilities are headed by registered nurses with skilled and unskilled staff workers who keep the facility operating day and night. Such places usually provide all kinds of therapy for the patients in addition to regular physical care. In other nursing homes, such as those where the patients are not confined to bed all the time, the atmosphere may be more relaxed. These facilities may operate more like a household of friendly acquaintances. The residents may be allowed to go into the kitchen at any hour to fix a snack, and married couples may have their own room.

In June of 2009, the U.S. Congress approved Public Act No. 09-168. It established a "patients' bill of rights for any person admitted as a patient to any nursing home facility or chronic disease hospital." It states that a resident of any nursing home or similar facility in the United States has certain, specified rights, which include the following:

• Information about patient rights. On admission, a patient must read and sign the rules of patients' right of the facility.


• Information about the facility's services and charges, including charges that are not covered by Medicare or Medicaid.


• Personal information. A nursing home patient has the right to be told of his/her medical condition by the attending doctor. Exceptions include when the doctor specifies that it is not in the patient's best interests to be informed of his/her condition.


• Choice and refusal. A patient can choose his/her own doctor and can refuse the services of the nursing home physician. A patient can also refuse participation in a treatment plan to the extent that the law permits, meaning that refusal would not be allowed if the patient would be harmed.


• Transfer and discharge. A patient must be informed and given some advance notice of plans for transfer or discharge. A 30-day notice is required in either case.


• Finances. A patient has the right to manage personal finances unless that right is given to the home. Even then, the patient must be informed of what the home is spending and why. The patient must also receive a written accounting statement and must have access to personal funds.


• Privacy and dignity must be respected in all personal care of the patient, which includes the handling of any patient treatments and in any personal care of the patient.


• Personal clothing and possessions must be allowed to the patient as far as space in the facility permits.


• There must be no abuse of the patient and no use of restraints, except in cases where a doctor orders restraints for patient safety.


• A patient must be allowed to voice complaints about treatments or conditions in the facility without retaliation.


• A patient must be allowed to send and receive personal mail that is unopened, unless some medical reason deems otherwise.


• A patient must be allowed to communicate with other patients freely.


• There must be a right of access in the facility, including posted visitor hours and a place for private communication between patient and visitor.


• There must be patient freedom to participate in social and religious groups unless it is not permitted by the doctor. A member of the clergy must also be allowed access to the patient unless contraindicated for medical reasons.


• For critically ill patients, visitor access by family or others who are responsible for the patient must be allowed at any reasonable time. Privacy for these visits must be respected.


• Patients must be allowed to make and receive telephone calls that may be kept confidential.

In addition to listing the rights of nursing home patients, the congressional bill also states that if their rights are denied in the operation of a nursing home and the patient has in some way been injured as a result of such action, the patient will be compensated for the injury.

If you or a loved one have experienced nursing home abuse, don't be a victim! St. Louis personal injury attorney, Josh Myers, atwww.joshmyerslaw.com, has the specialized training to handle cases involving nursing home abuse. Contact the law firm today for a free consultation.

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