Do you know that residents that live in Long Term Care (LTC) facilities have rights? LTC facilities' residents have rights mandated by the Centers for Medicare & Medicaid Services (CMS). Federal and state surveyors evaluate LTC facilities annually to ensure that the facilities implement these residents' rights by following Federal and State regulations. Each LTC facility is graded based on its performance during survey visits. The survey results are available online at Find Healthcare Providers: Compare Care Near You | Medicare.
Each resident in an LTC facility “has the right to exercise his/her rights as a resident of the facility and as a citizen or resident of the United States.” LTC facilities’ residents have the “right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident.” The resident also “has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his/her rights.” When residents exercise their rights, “resident have autonomy and choice, to the maximum extent possible, about how they wish to live their everyday lives and receive care.” Residents' exercise of their rights is bound by the facilities’ rules when facilities’ rules do not infringe upon federal and states regulation.
LTC facility residents have the following right to:
Exercise his or her rights (§483.10(a)); Residents have the right to be treated with respect and dignity and choose when to sleep, wake up, and eat meals. Residents also have the right to choose activities to participate in.
Be informed about what rights and responsibilities he or she has (§483.10(b)); LTC facilities must provide each resident his/her/their rights and responsibilities in writing in the language that the resident would understand. The resident must receive this document before or upon admission and during the resident’s stay at the facility.
If he or she wishes, have the facility manage his personal funds (§483.10(c)); Residents have the right to control their funds or ask the LTC facility to manage them.
Choose a physician and treatment and participate in decisions and care planning (§483.10(d)); Residents have the right to select a physician to manage his/her/their care or accept the facilities’ physician. A resident also has the right to participate in his/her/their treatment decisions and care planning.
Privacy and confidentiality (§483.10(e)); LTC facilities must maintain each resident’s privacy and confidentiality., Resident’s personal and medical information must be confidential.
Voice grievances and have the facility respond to those grievances (§483.10(f)); Residents have a right to complain about any issue relative to their care, and a facility representative must respond to the complaint. Residents have the right not to be abused or neglected by LTC facilities’ employees or visitors.
Examine survey results (§483.10(g)); Residents have the right to view facilities’ survey results. LTC facilities must place their survey results in areas easily accessible to the residents.
Work or not work (§483.10(h)); A resident can choose to work or not work while living in an LTC facility.
Privacy in sending and receiving mail (§483.10(i)); Residents have the right to send and receive mail privately. Residents also have the right to send and receive emails in private.
Visit and be visited by others from outside the facility (§483.10(j)); Residents have a right to see individuals outside the facility and receive visitors privately. Some residents may qualify for overnight visits based on medical criteria.
Use a telephone in privacy (§483.10(k)); Residents have the right to make and receive telephone calls in private.
Retain and use personal possessions (§483.10(1)) to the maximum extent that
space and safety permit;
Share a room with a spouse, if that is mutually agreeable (§483.10(m));
Self-administer medication, if the interdisciplinary care planning team
determines it is safe (§483.10(n)); A resident has the right to take his/her/their medication by him/her/themselves when deemed safe by the interdisciplinary team.
Refuse a transfer from a distinct part, within the institution (§483.10(o)).
References:
Centers for Medicare & Medicaid Services (CMS). (n.d.). State operations manual Appendix PP – Guidance to surveyors for long term care facilities. Retrieved from
Centers for Medicare & Medicaid Services (CMS). (n.d). Your Rights and Protections as
a Nursing Home Resident. Retrieved from
Comments