Legal Rights Of Nursing Home Residents
As an institution by definition, a nursing home facility that operates anywhere in the United States is required to develop and implement a written standard of policies and procedures regarding the core concerns of these facilities’ work. Policies should address the prohibition of patient mistreatment, abuse, and neglect. If the proper procedures are not met, thus allowing for abuse or neglect of any degree, a New York City personal injury lawyer from our firm should be contacted immediately.
Your Rights Defined
Upon entering a nursing home facility in the state of New York, the individual is supposed to be given both verbal and written notice of the rights and services provided to residents. Nursing home residents have the right to be notified of these services periodically throughout their time at the facility, and the notice must be given in a language that is comprehensible to the resident. Among the many legal rights to which a nursing home resident is entitled are:
- The right to have visitors, i.e., family members, physicians, ombudspersons, or even representatives of the state or federal government
- The right to keep and utilize his or her personal possessions (unless it has been established that doing so could endanger the health and safety of the individual and other residents and staff members)
- The right to equal treatment, regardless of the individual’s method of payment, i.e., private payer vs. Medicare/Medicaid recipient
- The right to apply for and receive Medicare and/or Medicaid benefits
- The right to confidentiality of the patient’s clinical and personal records
- The right to choose a personal physician
- The right to be made fully aware of the details of his or her medical care and treatment
- The right to refuse treatment
- The right to actively participate in the planning stages of care and treatment
- The right to interact with other residents of the facility
- The right to voice grievances for the purpose of having them resolved
- The right to privacy, i.e., during friend and family visits, alone time and medical treatment
- The right to participate in social, community and religious activities (but participation cannot interfere with the rights of other residents)
- The right to review his or her personal medical records within 24 hours of making a request
- The right to review the state inspection report of the facility that was made most recently
- The right to 30 days’ notice of transfer or discharge from the facility
- The right to appeal a proposed transfer or discharge from the facility
Were Your Rights Abused Or Neglected?
The facility cannot deny a resident who wishes to see a list of the services that are paid for by Medicare and Medicaid, as well as any fees connected to additional services offered by the facility.
- The facility cannot mentally or physically abuse a resident.
- The facility cannot tie down a resident or give the resident drugs for the purpose of restraining him or her when medical conditions do not call for such treatment.
- The facility cannot require that a resident deposit his or her personal funds with the nursing home.
- The facility cannot change the room number or the roommate of a resident without first giving notice of the change.
- The facility cannot remove a resident without valid reason; valid reasons include welfare, restored health, prevention of harm, or a resident’s failure to pay his or her fees.
- The facility cannot transfer a resident for hospitalization or therapy without first informing the resident of the length of time his or her bed will be held open for his or her return.
- The facility cannot give away a bed that is being held for a patient who has been hospitalized or is in treatment.
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Protect Your Legal Rights: Contact Our Firm
At The Law Office of Richard M. Kenny, our family is prepared to fight for your family. The legal services that we provide to our nursing home abuse and neglect clients go above and beyond professional representation. We are committed to handling your case personally and developing individual relationships with our clients. Contact The Law Office of Richard M. Kenny to speak with a New York City nursing home neglect attorney about your case.