My mother has been a resident of a local nursing home for the last several years. As she is bedridden, she has had to have a catheter for quite some time. Over the last few months I have noticed that my mother's bed linens are soiled when I visit her. She has also had a recurrent urinary tract infection that I believe may be caused by the catheter. I have complained to the nurses about the soiled linens and her urinary tract infection, but it does not appear that anything has changed. What should be done to correct these problems?

A nursing home facility must provide a safe, clean, comfortable and homelike environment which includes a clean bed and linens. There are numerous regulations regarding infection control that specifically relate to catheters and soiled linens which must be followed by the nursing staff to control the type of infection your mother has recurring. Specifically, the facility must insure that a resident who is incontinent and has an indwelling catheter must receive appropriate treatment and services to prevent urinary tract infections and to attempt to restore as much normal bladder function as possible. Catheters must be changed on a regular basis and must be monitored regularly to avoid severe injury and/or infection. Contact the Administrator of the nursing home and your mother's physician to determine when the catheter should be changed and what steps should be taken to insure the infection is cleared up and does not reoccur. If you do not feel comfortable with the response you receive from the Administrator, you should report your complaints to the Texas Department of Human Services, which is the investigative agency that investigates nursing home complaints. There are numerous state and federal laws that govern the rights of nursing home residents. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My father is a resident of a local nursing home. Recently, he has complained about being handled roughly by some of the staff members, and that they have been verbally abusive to him. When I was discussing this matter with my father, his roommate said that he had been struck and pushed by one of the staff members when he refused to do something they requested. I discussed this matter with one of the nurses, who informed me she had not been made aware of their complaints and dismissed their complaints as only a request for sympathy. I want this investigated further. What can be done?

All residents of nursing homes have a right to be free from verbal, sexual, physical and mental abuse. The facility must develop and implement written policies and procedures that prohibit mistreatment and neglect or abuse of the residents. The facility must ensure that all alleged violations involving mistreatment and neglect or abuse, including injuries of unknown source, are reported immediately to the administrator of the facility. The facility must have all alleged violations thoroughly investigated to prevent any potential abuse. You should immediately inform the administrator of these complaints. Also, report the complaints to the Texas Department of Human Services, the investigative agency that investigates nursing home complaints. There are numerous state and federal laws that govern the rights of nursing home residents. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My aunt lives in a local nursing home. She has problems getting out of bed by herself or doing many things by herself and is in need of constant help. She has recently complained to me that although she has called for the nurses, they are very slow in responding and at times do not respond at all. I believe the nursing home may be short of staff. Who should I complain to and what can I do to find out if they are understaffed?

There are numerous rules and regulations regarding adequate staffing of nursing homes to ensure residents receive adequate and proper care. I would discuss your concerns with the Administrator and the Director of Nursing. If you still do not feel comfortable after speaking with the Administrator and the Director of Nursing, you should contact the Texas Department of Human Services, which is the investigative agency that investigates nursing home complaints. They will investigate to determine whether there is a staffing shortage. Most importantly, your aunt and you should feel comfortable with the nursing home. If after discussing the situation, you and/or your aunt do not feel comfortable, you should look for a different nursing home. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My father resided in a local nursing home. He had insurance that would pay for his nursing home stay. Recently, we were contacted and advised that the nursing home had not been paid for several months and that we needed to come pick up my father immediately as they were discharging him. My father was not medically able to take care of himself and we brought him home to our house. We've been put through considerable expense making arrangements for my father to stay with us while we straighten out the payments. Should we have been given any type of advance notice before my father was discharged?

Yes. A nursing home must give the resident and the resident's family members thirty (30) days advance notice of a transfer based on non-payment of services. Even if he was transferred for other reasons, they must provide you with no fewer than five (5) days notice. I recommend you contact the Administrator of the nursing home that discharged your father as soon as possible to have him readmitted and to discuss your out-of-pocket expenses. If you are not satisfied with the response from the Administrator, you should contact the Texas Department of Human Services and file a complaint. The Texas Department of Human Services will investigate your complaint and make a ruling. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My mother resides in a local nursing home. Recently there was an outbreak of scabies, and my mother contracted scabies. My mother is bedridden. If she is not in contact with other residents, how can my mother have contracted scabies?

The nursing home must have written policies for controlling scabies and communicable diseases for the employees and residents in order to provide a safe and sanitary environment for the residents and employees. There are a number of rules and regulations regarding preventing the spread of infection and communicable diseases. Unfortunately, if the nursing home staff is not adhering to these policies, you will see communicable diseases spread throughout the nursing home. You need to contact the Administrator and Director of Nursing to discuss your concerns as to why scabies have spread through the nursing home. If you are not satisfied with the result, you should contact the Texas Department of Human Services and file a complaint. The Texas Department of Human Services will investigate your complaint and make a ruling. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My father used to live in another state, but due to his health, we have moved him to a local nursing home so we could be near him. As he did not have a local doctor when he moved here, the nursing home informed us their Medical Director would become his doctor. My father is not comfortable with the nursing home's doctor, and when I asked them if we could switch doctors, they informed us that we needed to use the nursing home's Medical Director. Can my father see another doctor or must we use the nursing home's Medical Director?

Your father has the right to choose or change any physician he so desires, as long as the physician complies with the nursing home's operating procedures. Further, your father has the right to participate in planning his own care and he has the right to be completely informed of his medical condition in terms that he can understand. He also has the right to refuse treatment. You should discuss this matter with the Administrator and the Director of Nursing as soon as possible. If you have any further questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My family is considering placing my father in a local nursing home due to his deteriorating health. However, due to our religion there are certain foods that we must avoid. Can accommodations be made through the nursing home to have substitutes available or must we provide his meals during the time food is served that my father cannot eat.

If a resident of a nursing home must avoid certain foods because of their religion, the nursing home must give the resident a religiously acceptable substitute, as long as the forbidden food is on the regular menu and is essential to the resident's nutritional needs. I suggest you discuss this matter with the Administrator and the Dietician of any prospective nursing home you may be considering in the placement of your father. If you have any questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.