My grandma is afraid to go into a nursing home because she’s afraid she will have no rights in the home. There has to be some laws that define the rights of the elderly in nursing homes aren’t there? If so what are they?
Yes of course there are. In 1987 congress passed the nursing home reform act which outlines the rights of residents entering into a retirement home or assisted living facility.
Residents have the right to not be restrained physically or medically (sedatives or antipsychotic) unless prescribed by a physician. The resident has the right to know who will be caring for them while they are in the facility this includes: the physicians name, medical specialty, and contact information along with the right to have regular health care planning meetings with the nursing home and physician. In the case of the physician ordering changes on their healthcare the resident must be notified in writing along with their attorney or immediate family member.
The act also states many rights to their personal property, safety and medical rights. Such as the right to access any of his or her personal records (healthcare, financial or even legal) and the right to keep copies of these records. It is their legal right to obtain these records within one business day and the duty of the nursing home to provide a way for their residents to access this information at any point in time. The resident must be provided with their legal rights from the right to a durable power of attorney, a living will and do not resuscitate order.
Of coarse the resident also has a right to privacy. That means that the resident has the right to communicate with family and friends without the nursing home staff interfering. The resident must have access to a phone to make and recieve private calls and the ability to send and recieve mail that is not screened by the staff. The resident also has the right to have privacy within their rooms.
Hope this helps!
