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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,
counselling,
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.
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