When a senior citizen moves into a nursing home, they do not check their personal rights at the door. There are very specific nursing home laws, both at the federal and state level, that protect a nursing home patient.
The rights of a nursing home patient include:
Dignity, respect, and freedom: Residents have the right to:
- be free from mental and physical abuse
- be free from physical and chemical restraints
- be treated with consideration, dignity, and respect
Access to information: Residents have the right to:
- information on all services available and the charges for those services
- information on the facility’s policies, procedures, rules, and regulations
- information about how to contact their state ombudsman and licensing office, as well as nursing home or elder law advocacy groups
- review the state survey reports on the facility
Transfers and discharges: Residents have the right to:
- be transferred or discharged only for medical reasons, if health or safety is endangered, for nonpayment of services, or if the facility closes
- be notified of transfer 30 days in advance
- know the reason for transfer, the date it is effective, the location to which the resident is discharged, and a statement of the right to appeal
- receive preparation from the facility to ensure a safe and orderly transfer
- Have policies and practices upheld by the facility that are the same for all individuals regardless of payment source
An elder law attorney is well versed in the areas of law that impact senior citizens, including the rights of nursing home patients, elder abuse or neglect, and other specific issues. If you, or a loved one, need assistance with nursing home law, work with an elder law attorney experienced in these issues.
Michael Robinson, Estate Planning Attorney
Clients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors.
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