Long Term Care Ombudsman Program Residents’ Rights Penny Clark State Long-Term Care Ombudsman

The purpose of residents’ rights To ensure that no one will lose the rights that we all enjoy as citizens of the united states of America, in the event we enter a long-term care facility. Read slide

Residents’ Rights are in both the State & the Federal law. Read slide

If you had to move into a long term care facility today, how would that change your life? What would you miss the most? What do you think would be the hardest thing to give up? How would that make you feel?

What are the Rights of Residents? Read slide

The Right to Be Notified in Advance of Changes Before moving a resident to a new room, the facility should first inform the resident and the family of the move, and the reason for the move.

The Right to Have Access to Information The facility should provide information on all costs covered by Medicaid, and if private pay, all cost for services not included in the daily rate.

The Right to Make Independent Choices Let’s say a resident has always taken a bath before going to bed, finding that it relaxes them and helps them sleep. Even thought the nursing facility has a routine of giving baths in the mornings, they have a responsibility to provide a reasonable accommodation for the residents choice.

The Right to Privacy and Confidentiality Resident likes to visit with friends in her room, and for privacy she likes the door closed. Before staff enters, they should knock and wait for permission to enter.

The Right to Communicate with Others Resident has a friend that visits every week. Family would like to restrict friend’s visits. Visitation is the residents right.

The Right to Dignity, Respect and Freedom An aide is short with a resident because she is slow to dress in the morning. The resident feels the aide is being rude when she is told to hurry up because she has other residents to help dress. Residents rank the way staff treat them as the most important factor in their care. They want kind, courteous and consistent caregivers. They want to receive help when they need it, and they want to be spoken to and treated like the adults they are.

The Right to Be Free From Restraints A resident is frail and is prone to fall often, so her daughter has requested that she be restrained in bed with a bed rail. Instead, staff should thoroughly assess the resident to find out why she falls, and then develop a care plan to prevent fall or harm. Restrains require a doctors order and that there be a medical necessity. Research has repeatedly shown that restraints can be dangerous and destructive.

The Right to Be Free From Abuse

The Right to Manage Own Funds and Property

Rights Regarding Transfer and Discharge

The Right to Raise Concerns or Complaints

Could this be a violation of Residents’ Rights? A resident tells the staff that the person in the next room has the television up too loud. This staff person tells the resident not to complain because the person next door has trouble hearing and there is nothing that can be done.

Could this be a violation of Residents’ Rights? A resident is having lots of family members coming for a birthday party. When staff go to assist the resident with dressing for the party, the resident has picked out her green sweatpants and a purple polka dot lacey blouse to wear to the party. The staff person tells her that none of this is appropriate to wear and chooses another outfit for her. The resident protests but the staff person doesn’t listen and dresses her in what she believes is more appropriate.

Could this be a violation of Residents’ Rights? A resident has a very cluttered room but seems to know where things are. Staff will go into the resident’s room when they are gone and “straighten” up the room.

Could this be a violation of Residents’ Rights? A daughter insists that her mother not be given any of her personal funds because she is buying things that she doesn’t need.

Could this be a violation of Residents’ Rights? Resident’s wife wants to know why her husband’s roommate is gone and staff explain that he went to the hospital for surgery and is still recovering there

Could this be a violation of Residents’ Rights? Residents want to hold their Resident Council meeting without a staff person present, but the Activity Director explains that there must be a staff person present to take minutes

Could this be a violation of Residents’ Rights? Staff open all of the residents’ mail for them, in order to make it easier

Could this be a violation of Residents’ Rights? Resident’s daughter is her power of attorney for health care and staff get direction for the resident’s choices only from the daughter

Could this be a violation of Residents’ Rights? Resident’s son tells the staff to grind up the medicine and mix it up in her food

Could this be a violation of Residents’ Rights? Staff refuse this request, but son points out he is his mother’s POA for healthcare

Could this be a violation of Residents’ Rights? Resident doesn’t want to wear his dentures or hearing aid, but wife insists that staff put them in anyway

Could this be a violation of Residents’ Rights? For the past month, resident has refused to take a bath - staff tell him he has to or he’ll have to leave the facility

Could this be a violation of Residents’ Rights? A resident refuses to take her medicine and the nurse tells her she must because the doctor ordered it

Could this be a violation of Residents’ Rights? Son tells facility not to allow dad’s “girlfriend” to visit him

Could this be a violation of Residents’ Rights? Resident is refusing to eat, so her daughter pries her mouth open and forces the food in

Could this be a violation of Residents’ Rights? Resident says he has the right to watch tv all night if he wishes

Could this be a violation of Residents’ Rights? Resident pushes the call light frequently for assistance, so the staff move it out of his reach

Could this be a violation of Residents’ Rights? Staff member calls all the residents “grandma” and “grandpa”

What Responsibility Does the Facility & Staff Have Regarding Residents’ Rights?

Promote Residents’ Rights Educate residents and their families about their rights. Educate and sensitize every level of staff about residents’ rights. Orient aides to the residents they work with and promote relationship building between staff and residents. Utilize the information and wisdom of residents and their representatives to help develop and conduct training programs for staff.

Promote Residents’ Rights Encourage and promote open exchange of ideas, recommendations, and concerns throughout the facility among residents, families, staff, and administration. Promote a sense of community within the facility.

Reasonable Accommodation I want to sleep until 10:00 a.m. and then have a full breakfast with bacon and eggs.

Reasonable Accommodation I want to have fresh lobster every night for supper.

Reasonable Accommodation I want to keep my 30 stuffed animals on my bed.

Reasonable Accommodation I want to go down to the tavern and have a beer on Friday night.

Reasonable Accommodation I want to go to the casino.

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Questions?

If you have any questions or if I can ever be of assistance to you, please don’t hesitate to contact me! You can reach me at 1-800-942-7830 or 402-471-9345