Today, people are living longer than at any other time in our history. This increased longevity, unfortunately, brings with it the potential for people to contract both mental and physical ailments that may require the need for nursing home care.
What are the legal rights of the nursing home resident? Primarily, a resident's legal rights are set forth under both federal and state law in the United States and Pennsylvania codes, respectively.
Here's a look at some of those important rights:
"What quality of care must a nursing home provide to a resident?"
A nursing home must provide a resident with the necessary care and services to attain or maintain the highest practicable physical, mental and psycho-social well-being, in accordance with the Comprehensive Assessment and Plan of Care developed for the resident by the nursing home.
"Can a nursing home resident participate in his or her own care?"
Yes. Unless the resident is incapacitated, residents have the right to participate in planning their care and treatment, and in making changes to their care and treatment. Also, residents have the right to choose their own attending physicians.
"Does a resident have a right to view their own records?"
Yes. Upon making an oral or written request, residents have access to all records pertaining to themselves, including current clinical records within 24 hours. Also, residents have a right to receive copies of their records for a reasonable charge.
"Does a resident have to accept all treatment and care recommended by the nursing home?"
No. Residents have a right to refuse specific treatment, to participate in experimental research, and to make a living will.
"Can a nursing home restrain a resident for disciplinary reasons?"
No. Residents have the right to be free from any physical or chemical restraints imposed for the purpose of discipline or convenience, and are not required to treat the resident's medical condition.
"Can a resident manage his or her own personal funds?"
Yes. Residents have the right to manage their own financial affairs, and the nursing home may not require residents to deposit their funds with the facility. Residents may, however, request in writing for the nursing home to hold or safeguard their personal funds. Personal funds held by the nursing home in excess of $50 shall be held in an interest-bearing account.
"Can a nursing home require a third party to guarantee payment of the resident's bill?"
No. A nursing home cannot require a third party to guarantee payment of their bill as a condition of the resident's admission or continued stay at the home. The home can, however, require an individual who has legal access to the resident's funds to sign a contract, without incurring personal financial liability, to pay the nursing home from the resident's funds.
"If a resident is transferred to a hospital, does the resident have a right to be re-admitted to the nursing home upon completion of their hospitalization?"
Written notice of the nursing home's bed-hold policy, and the policy for a resident whose hospitalization exceeds the bed-hold period, must be provided to the resident and his or her family at the time of admission to the nursing home.
"Do married residents have a right to share the same room in a nursing home?"
Yes. Married residents have a right to share the same room as long as they are residents of the same nursing home and both consent to the arrangement.
"Under what circumstances can a nursing home transfer or discharge a resident?"
A nursing home can only transfer or discharge residents under the following circumstances:
- The transfer or discharge is necessary to protect the safety or health of the resident or other residents of the nursing home.
- The resident's health has improved to such a degree that skilled nursing home care is no longer needed.
- The resident has failed, after reasonable notice, to pay the home's bill.
- The nursing home has gone out of business.
Usually, at least 30 days' notice is required to transfer or discharge the resident, unless health and safety issues are involved.
E. Garrett Gummer III is an attorney with offices at 1260 Bustleton Pike, in Feasterville, Bucks County, Pennsylvania. For information, call 215-396-1001.
