The government has passed legislation that protects the rights of nursing home residents. This legislation, usually called The Nursing Home Resident's Bill of Rights, includes provisions to protect your elderly loved one from bed sores and other signs of nursing home abuse in Texas:
1. The Right to Be Informed
Residents have the right to be informed about the policies of the nursing home and about their personal rights as residents. Upon admittance to the home, residents must be informed of these policies and rights.
2. The Right to Choose a Physician
Residents have the right to choose their own physicians and pharmacies. They do not have to use the nursing home's physician or pharmacy.
3. The Right to Know about Medical Conditions
Residents have the right to be fully informed of their medical conditions, unless their physician believes that it is not in the patient's best interest to be told.
4. The Right to Participate in the Plan of Care
Residents must be given the opportunity to participate in the planning of their own medical treatment. This includes the right to refuse treatment.
5. The Right to Be Free from Abuse and Restraints
Residents have the right to be free from mental and physical abuse and chemical and physical restraints. Only a physician can authorize a restraint, and this can happen only when there is a threat of injury.
6. The Right to Privacy, Dignity, and Respect
Residents have the right to be treated with consideration, respect, and with full recognition of their dignity and individuality, including privacy in treatment and in care for their personal needs.
7. The Right to Manage Personal Finances
Residents have the right to either manage their own funds or authorize someone else to manage them. If residents authorize the nursing home to handle their funds, they have additional rights:
To know the whereabouts of their funds and account numbers
To receive a written accounting statement every 3 months
To receive a receipt for any funds spent
To have access to their funds within 7 banking days
8. The Right to See Visitors
Residents have the following rights regarding visitation:
- Residents may receive any visitor of their choosing and may refuse a visitor permission to
enter their room or may end a visit at any time.
- Residents have the right to immediate access by family and reasonable access to others.
- 8 visiting hours per day must be must be posted in a public place.
- Members of community organizations and legal services may enter any nursing home
during visiting hours.
- Communication between residents and visitors is confidential.
- Visitors may talk to all residents and offer them personal, social, and legal services.
- Visitors may help residents claim their rights and benefits through individual assistance,
counseling, organizational activity, legal action, or other forms or representation.
9. The Right to Confidentiality
Residents have the right to confidentiality of personal medical records and the right to access those records within 24 hours after a request.
10. The Right to Be Made Aware of Services and Charges
Residents have the right to be made aware of the nursing home's services and of the charges related to those services. This includes charges for services not covered by the facility's fee, Medicare, or Medicaid.
11. The Right to Voice Grievance without Retaliation
Residents have the right to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of their choice without fear of coercion, discrimination, or reprisal.
12. The Right to Organize and Participate in Groups
Residents have the right to organize and participate in resident groups in the nursing home. Residents' families also have the right to gather in the facility with families of other residents.
13. The Right to Participate in Social, Religious, and Community Activities
Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the nursing home.
14. The Right to Examine Reviews
Residents have the right to examine the results of the most recent review of the nursing home. The government requires nursing homes to be reviewed once a year.
15. The Right to Remain in the Nursing Home
Residents may only be discharged or transferred for medical reasons, or for their welfare or the welfare of other residents. They must be provided with a written 30-day notification of the transfer or discharge.
If you or a loved one have been injured due to nursing home neglect, call The Law Office of Kerry H. Collins and Associates for a free evaluation. We'll make sure you get the attention you deserve.