Nursing Home Resident Rights and Admission Procedures

May is Elder Law Month.

While it’s painful to admit, your mother, father, spouse or partner may no longer be able to live safely and securely on his or her own. It’s time for you to look for a nursing home. But trusting your loved one’s care to strangers isn’t easy. How can you be certain that his or her needs are met? How can you make sure he or she will be safe when and 1 in 6 nursing home residents may be the victim of abuse or neglect every year?

You may have enough time to select a nursing home. Or you may need to make a quick decision because of a hospital transfer due to your loved one’s transfer to a nursing home rehab facility after he or she has suffered a fall, stroke or some other injury.

Before you place your loved one in a long-term care facility, it’s important for you to know nursing home resident rights and admission procedures.

Read on to learn the top things you need to know about nursing home resident rights and admission procedures.

Top Things You Need to Know about Nursing Home Resident Rights and Admission Procedures

Once you’ve made the decision to place your loved one in a nursing home, choosing the best one requires careful consideration of nursing home resident rights and admission procedures. Here are the top things you need to know:

Nursing Home Residents Rights

• You have the right to be fully informed.
• You have the right to participate in your individual care plan.
• You have the right to quality care and treatment that is free from discrimination.
• You have the right to be treated with dignity and respect.
• You have the right to voice your complaints and concerns.
• You have the right to be free of nursing home abuse and neglect.
• You have the right to your individuality and preferences.
• You have the right to participate in activities.
• You have the right to visits.
• You have the right to privacy and confidentiality.
• You have the right to have relatives or a legal representative (nursing home attorney) act on your behalf to ensure these rights when you can’t do so yourself.

Admission Procedures Rights

• The nursing home administrators must inform you of your rights, in a language you understand, through oral or written information available to you and sponsors.
• The nursing home administrators must inform you of the rules and regulations, including discharge and transfer policies.
• The nursing home administrators must give you the opportunity to review and understand all agreements and contracts prior to signing.
• The nursing home administrators cannot require you to have a co-signer for payment. However, they may require a relative or legal representative (nursing home attorney) to ensure payment from your income and/or other resources.
• The nursing home administrators cannot ask you to give up or delay your right to receive Medicare or Medicaid.
• The nursing home administrators cannot ask you to give them a security deposit if you’re a Medicare or Medicaid beneficiary.
• The nursing home administrators cannot refuse your right to apply for Medicare and Medicaid and your right to information and assistance when applying for these programs.

Stay Informed about Nursing Home Resident Rights and Admission Procedures

The federal 1987 Nursing Home Reform Law guarantees Residents’ Rights. Nursing homes are required to “promote and protect the rights” of each resident. Emphasis is placed on individual dignity and self-determination.

If nursing homes participate in Medicare or Medicaid, they must meet federal residents’ rights requirements.

State laws and regulations may include residents’ rights for licensed assisted living, adult care homes, nursing homes, and other board and care facilities. A person residing in long-term care facility has the same rights as they would in the larger community; they shouldn’t have to suffer abuse in nursing homes.

The ideal nursing homes offer proper staffing, updated equipment, and efficient systems and processes. However, it’s not uncommon for long-term care facilities to experience challenges, from employees to difficult residents.

When reviewing nursing homes resident rights and admission procedures, make sure the facility offers your loved one:

• Close proximity to as many family members as possible.
• High quality care.
• Supportive environment.
• Cost that can be a combination of Medicare, Medicaid, long-term care insurance, and savings.

Want to be prepared in the event your family member needs Long-Term Care? Download a life care planning design questionnaire.