The Rights Of A Nursing Home Resident (USA)

The Rights of a Nursing Home Resident

By Anthony J. Enea, Esq.

A recent series of articles in the Wall Street Journal have painted a disturbing picture of nursing homes nationwide systematically medicating residents with anti-psychotic drugs in an attempt to control their conduct and behavior. The Wall Street Journal has reported that the use of new anti-psychotic drugs to control behavior of dementia patients has surged, despite FDA warnings about the use of said drugs. The Center for Medicare and Medicaid Services has also reported that approximately thirty percent of nursing home residents are taking anti-psychotic drugs.

Although reports of this nature are not new, they reinforce the need for attorneys, families and friends to know, understand and effectively advocate nursing home residents' rights.

The 1987 Nursing Home Reform Act ("NHRA"), part of the Omnibus Budget Reconciliation Act of 1987("OBRA"), established quality standards for nursing homes nationwide and defined the state survey and certification process to enforce the standards (42 CFR 283.0). These regulations represent minimum standards for long term care facilities. They were promulgated to improve the quality of care of their residents. The general goals of OBRA are to:

(a) promote and enhance the quality of life of the resident;

(b) provide services and activities to attain or maintain the highest practicable, physical, mental and psycho social well being of each resident in accordance with a written plan of care;

(c) provide that resident and advocate participation is a criteria for assessing the facilities compliance with administrator requirements; and

(d) assure access to the State's Long Term Care Ombudsman (a 3rd party resident advocate) to the facilities residents, and assure that the Ombudsman has access to records, residents and care providers.

The goals are implemented by NHRA establishing the Resident's Bill of Rights:

• The right to freedom from abuse, mistreatment, and neglect;
• The right to freedom from physical restraints;
• The right to privacy;
• The right to accommodation of medical, physical, psychological, and social needs;
• The right to participate in resident and family groups;
• The right to be treated with dignity;
• The right to exercise self-determination;
• The right to communicate freely;
• The right to participate in the review of one's care plan, and to be fully
• informed in advance about any changes in care, treatment, or change of status in the facility; and

The right to voice grievances without the discrimination or reprisal.


 Abridged
SOURCE:    eZineArticles
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