Federal Nursing Home Resident's Rights
FEDERAL LAW GIVES NURSING HOME RESIDENTS RIGHTS:
Federal Regulations, 42 C.F.R. § 483.10 provides that nursing home residents have a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the nursing home. A nursing home must protect and promote the rights of each resident, including each of the following rights:
- Exercise his or her rights;
- Be informed about what rights and responsibilities he or she has;
- If he or she wishes, have the nursing home manage his/her personal funds;
- Choose a physician and treatment and participate in decisions and care planning;
- Privacy and confidentiality;
- Voice grievances and have the nursing home respond to those grievances;
- Examine nursing home survey results;
- Work or not work;
- Privacy in sending and receiving mail;
- Visit and be visited by others from outside the nursing home;
- Use a telephone in privacy;
- Retain and use personal possessions to the maximum extent that space and safety permit;
- Share a room with a spouse, if that is mutually agreeable;
- Self-administer medication, if the interdisciplinary care planning team determines it is safe; and
- Refuse a transfer from a distinct part, within the nursing home.
A nursing home must promote the exercise of rights for each resident, including any who face barriers (such as communication problems, hearing problems and cognition limits) in the exercise of these rights. A resident, even though determined to be incompetent, should be able to assert these rights based on his or her degree of capability.
RHODE ISLAND LAW GIVES NURSING HOME RESIDENTS RIGHTS:
Rhode Island General Laws § 23-17-19.1 Rights of Nursing Home Residents. – Every nursing home shall observe the following standards and any other standards that may be prescribed in rules and regulations promulgated by the Rhode Island Department of Health with respect to each nursing home resident who utilizes the facility:
(1) The nursing home resident shall be afforded considerate and respectful care.
(2) Upon request, the nursing home resident shall be furnished with the name of the physician responsible for coordinating his or her care.
(3) Upon request, the nursing home resident shall be furnished with the name of the physician or other person responsible for conducting any specific test or other medical procedure performed by the nursing home in connection with the nursing home resident's treatment.
(4) The nursing home resident shall have the right to refuse any treatment by the nursing home to the extent permitted by law.
(5) The nursing home resident's right to privacy shall be respected to the extent consistent with providing adequate medical care to the nursing home resident and with the efficient administration of the nursing home. Nothing in this section shall be construed to preclude discreet discussion of a nursing home resident's case or examination of appropriate medical personnel.
(6) The nursing home resident's right to privacy and confidentiality shall extend to all records pertaining to the nursing home resident's treatment except as otherwise provided by law.
(7) The nursing home shall respond in a reasonable manner to the request of a nursing home resident's physician, certified nurse practitioner and/or a physician's assistant for medical services to the nursing home resident. The nursing home shall also respond in a reasonable manner to the nursing home resident's request for other services customarily rendered by the nursing home to the extent the services do not require the approval of the nursing home resident's physician, certified nurse practitioner and/or a physician's assistant or are not inconsistent with the nursing home resident's treatment.
(8) Before transferring a nursing home resident to another facility, the nursing home must first inform the nursing home resident of the need for and alternatives to a transfer.
(9) Upon request, the nursing home resident shall be furnished with the identities of all other health care and educational institutions that the nursing home has authorized to participate in the nursing home resident's treatment and the nature of the relationship between the institutions and the nursing home.
(10) Except as otherwise provided in this subparagraph, if the nursing home proposes to use the nursing home resident in any human subjects research, it shall first thoroughly inform the nursing home resident of the proposal and offer the nursing home resident the right to refuse to participate in the project.
(b.) No facility shall be required to inform prospectively the nursing home resident of the proposal and the nursing home resident's right to refuse to participate when: (i) the facility's human subjects research involves the investigation of potentially lifesaving devices, medications and/or treatments and the nursing home resident is unable to grant consent due to a life-threatening situation and consent is not available from the agent pursuant to title 23-4.10 of the general laws or the nursing home resident's decision maker if an agent has not been designated or an applicable advanced directive has not been executed by the nursing home resident; and (ii) the facility's institutional review board approves the human subjects research pursuant to the requirements of 21 CFR Part 50 and/or 45 CFR Part 46 (relating to the informed consent of human subjects). Any nursing home engaging in research pursuant to the requirements of subparagraph (b) herein shall file a copy of the relevant research protocol with the department of health, which filing shall be publicly available.
(11) Upon request, the nursing home resident shall be allowed to examine and shall be given an explanation of the bill rendered by the nursing home irrespective of the source of payment of the bill.
(12) Upon request, the nursing home resident shall be permitted to examine any pertinent nursing home rules and regulations that specifically govern the nursing home resident's treatment.
(13) The nursing home resident shall be offered treatment without discrimination as to race, color, religion, national origin, or source of payment.
(14) Nursing home residents shall be provided with a summarized medical bill within thirty (30) days of discharge from a nursing home. Upon request, the nursing home resident shall be furnished with an itemized copy of his or her bill. When nursing home residents are residents of state-operated institutions and facilities, the provisions of this subsection shall not apply.
(15) Upon request, the nursing home resident shall be allowed the use of a personal television set provided that the television complies with underwriters' laboratory standards and O.S.H.A. standards, and so long as the television set is classified as a portable television.
(16) No charge shall be made for furnishing a health record or part of a health record to a nursing home resident, his or her attorney or authorized representative if the record or part of the record is necessary for the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. § 301 et seq., and the request is accompanied by documentation of the appeal or a claim under the provisions of the Workers' Compensation Act, chapters 29 – 38 of title 28. A provider shall furnish a health record requested pursuant to this section within thirty (30) days of the request. Further, for nursing home residents of school based health centers, the director is authorized to specify by regulation an alternative list of age appropriate rights commensurate with this section.
(17) The nursing home resident shall have the right to have his or her pain assessed on a regular basis.
(18) Notwithstanding any other provisions of this section, upon request, nursing home residents receiving care through hospitals, nursing homes, assisted living residences and home health care providers, shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.